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#09-5215 Assumption Agreement (MDT F/K/A Able Body) ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of September 28, 20 I 0, by and between MDT Personnel, LLC ("MDT") and Collier County, a political subdivision of the State of Florida ("County"). WIILREAS, on May 26. 2009. thc Collier County Board of County Commissioners awarded 1113# 09-5215 "Temporary Laborcrs" to Professional Staffing-ABTS. Inc. d/b/a Able Body Labor ("ABLE BODY"), attached hereto as Exhibit A, and hereinafter referred to as "Agreement"; and WHEREAS, MDT hereby represents to Collier County that by virtue of an asset purchase agreement. MDT is the successor in interest to ABLE BODY in relation to the Agreement; and WHEREAS, the parties wish to formalize MDT's assumption of rights and obligations under the Agreement effective as of the date first above written. NOW THEREFORE, IN CONSIDERA nON 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. MDT accepts and assumcs all rights, duties. bcnefits. and obligations of the Contractor under the Agreement. including all existing and future obligations to pay and perform under the Agreement. 2. MDT will promptly deliver to County evidence of insurance consistent with Schedule C of the Agreement. 3. Except as expressly stated. no further supplements to. or modifications of. the Agreement are contemplated by the parties. 4. Notice required under the Agreement to be sent to Contractor shall be directed to: CONTRACTOR: MDT Personnel. LLC (MDT) Physical Address: 3040 Gulf to Bay Boulevard, Clearwater, FL 33759 Mailing Address: P.O. Box 30777, Tampa, FL 33630 Phone: 727-724-2600; E-mail: MTraina@ILaborNetwork.com Attention: Mike Traina, President 5. The County hereby consents to MDT's assumption of the Agreement. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat MDT as the 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. COLLIE.RCOUl'ITY: ATTES:f;''''''. ,', "',<1." ":._ ',. ~ _ '. -v, Ow LOHr L,j3RQS:K..,'ISIerk ~,~k Att~~tr/~. ;~~;:~~_(jcrk 4::,: .:;':'.~> "~'J.,~,I,. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , .' .-).. "I i'\ . ". \ I Y By: FRED ;: ~~{~LE',"~H;';:~~~ MDT Personnel, LLC (MDT): , /' ~. By: __. ",' Mike Traina, President / ,Atfe~~ ~~.-t,-eA- 7, ._~ Co ra eretflf) t;O../>-c.,f, CJ.v:J {,,",,~/U1<-. . Date: i () {I z. ) I 0 Date: /L/I2..IIt) / / Approved as to form and legal sufficiency: By: ~J/ f( )~ Jeffrey A. Klatzkow County Attorney : t:c.-p~'h/ c..,~ jlj.tfor....7 2 ~ .. CERTIFICATE OF LIABILITY INSURANCE I DATE! (MINDDIYYYY) AL.C<<?,RD 12/2/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMENO, EXTEND OR ALTER THE COVERAGE AFfORDED BY THE POLICIES BELOW. THIS CERTifiCATE Of INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTifiCATE HOLDER, IMPORTANT: It the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) 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 endorsement(s). PRODUCER Wells Fargo Insurance Services USA, Inc. ~2~~~CT Susan Gonzales PHONE Ir~ No: 2502 No Rocky Point Drive #400 ~~-_.._----- Tampa FL 33607 A:n~~Ill.Ilt. Susan.Gonzale~ra,WelJsfargo.com .....- PRODUCER 136658 CUSTOMF.ItID.L - -- ------.. ---. --. - ~--- - -,,-. ----- INSURERfS\ AFFORDING COVERAGE NAIC. INSURED ~A....:_--.!!:aveler'~_ p'~operty & C~_~ualty Compa~y'_of Ameri 25~7~ MDT Personnel, LLC _~N_5LJ_~_~~____ -----.- .-. 17757 US Highway 19 North #660 INSURERC: -- .- .- INSURER 0: ---.--- -- Clearwater FL 33764 INSll!.igR~: --- ,,--- INSURER F : COVERAGES CERTIfiCATE NUMBER: 2084603 REVISION NUMBER: See below 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, 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. LIMITS SHOWN MAY HAVE I3EEN REDUCED BY PAID CLAIMS. INSR ADOl UOR .- ~3:O'%~ ~3M%~ LTR TYPE OF INSURANCE POLICY NUMBER LIMITS ~NERAL LIABIUTY EACH OCCURRENCE $ ~C~~~9F~ENTED - 3MMERClAL GENERAL LIABILITY MI E rren $ - ----- -" CLAIMS-MADE 0 OCCUR 31~D.~P {An~ 011& ptlllion} I PERSONAL & AOV INJURY I .-------- _Q_~NEHAl AQ~REGA TE $ .---- .-- ~~'l AGG~r~E LIMIT APf-"-I!"IS PER: !'}.3.Qgy_CTS. COM PlOP AGG I -I POLICY ~~R; Loe , A ~TOMOBILE LIABIUTY BA9268R075 11/02/2010 11/02/2011 COMBINED SINGLE LIMIT I 1.000,000 (Faaccidllnt) ..". ANY AUTO ..-- BODILY INJURY (pllr Pllrwn) $ - AlL OWNED AUTOS -. - aODIl Y INJURY (Per eocidenl) I - SCHEDULED AUTOS PROPERlY DAMAGE I - HIRED AUTOS (PefecCidlmt) -.- ---- - NON--QWNED AUTOS $ f------ I f- UMeRELLA L1AB H OCCUR gACH ~S_URRENCE I _. ..- EXCESS LIAS eLAI~s-~~ AGGREGATE I f- DEDUCTIBLE I _._---~-----~ RETENTION I I WORKERS COMPENSATtON ~_-.l~ir~JN~ I 10J,tl- AND EMPLOYERS' LIABILITY VI' - -- ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA E.L EACH ACCIDENT , OFFICERlMEMBER EXCLUOED? {Mandatory In NH) E.L. DISEASE _ EAEMPLOY~. I ..--- If yes. describe under DESCRIPTION OF OPERt\TIONS b81O'N E.L. DISEASE. POLICY LIMIT I DESCRIPTION Of OPERA TlONS I LOCATIONS 1 VEHICLES (A"ach ACORD 101, Addltlon;;lll Rem;;llrlll Schedu", If more ,pace I, rel:lulred) Only those employees rentd from MDT Personnel LLC per work order or written contract. Certificate Holder is additional insured. 30 Days/10 Days non-payment of premium in accordance with the policy provisions. CERTifiCATE HOLDER CANCELLATION SHOUL.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL .E DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3301 E. Tamiami Trail Naples, FL 34112 AUTHDRlZED REPRESENTATIVE 9/~ , ACORD 25 (2009/09) '" 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ~ .. I DATE (MMIOOIYYYV) A,Co,RD CERTIFICATE OF LIABILITY INSURANCE 11 10 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 INSURERlS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTifiCATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, lh. pollcy(les) must be endorsed. "SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, ce~~~.rr'IICI" may require an endorsement. A statement on this certIficate does not confer rights to the certificate holder In lieu of such a"dorsemen . . PRODUCER Insurance Office of America ^~UTA"'T NAME: ._ '- 4915 W, Cypress Street, Suite 100 PHONE IAlC No Exll. 813..637-8877 .__~ FAX IAlC Nol: 813~6~7-R484 Tampa, FL 33607 E-MAIL ADDRESS: .-- - 1----. INSURERIS) AFFORDING COVERAGE NAle" www.ioausa.com INSURER A: National Union fire Insurance ComDanv . -- INSURED MDT Personnel, LLC l~HJURER B : P.O. Box 5790 -. Clearwwater FL 33758 INSUReR C : IN8URER 0 : ~YRERE: ~ '.__.~-'- INSURER F ; COVERAGES CERTifiCATE NUMBER" 8538882 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. TERM OR CONDITION O~ ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DE:SCRI8ED HEREIN IS SUBJECT TO ALL THE TERMS, eXCLUSIONS AND CONDITIONS OF S~. LIMITS SHOWN MAY HAVE BEEN REDUCED 8Y PAID CLAIMS. l~:~ TYPE OF INSURANCE POLICY NlJMBE~ POliCY EfF POLICY EXP .-- UMITS A ~NERAL UASILllY SSL 4257674 9/1/2010 9/1/2011 EACH OCCURRENCE $ 1000,000 "'- OMMERCIAl GENERAL LIABILITY flR~fi&J?C:~~Pencal $ 300,000 - CLAIMS-MADE [2] OCCUR MEDEXPf"'wonenerso'~) $EXcluded - PERSONAl & ADV INJURY $ 1,000.00< - - GENERALAGGFlEI3ATE $ ~ 2,000,000 -- ~~AG~nILlMIT APPl~l~t PER: ~~ODUCTS - COMPIOP AGG $ 2.000,000 POLICY PRO- lOC $ ~TOMOBILE LIABILITY ~INGLELlMI $ aaceld - ANY AUTO BODll Y INJURY (Per person) $ ALl OWNED B SCHEDULED BOOIL Y INJURY {PEl( alX;lderd} $ - AUTOS AUTOS -- . NOn.QWNED ~PER~AMAG' ,. HIRED AUTOS AUTOS ~~I~_- $ L- $ ---- $ c- UMBREl.LA L1AB H OCCUR EACH OCCURRENCE $ ------- -_.~ EXCESS LIAS CLAlMS.MADE AGGREGATE $ L- OED U RETENTION$~' -- --~~_!. ..._-~ -- t!--- -- $ WORKERS COMPENSATION I T~9T~JN< I 19[1t AND EMPLOYERS' LIABILITY VIN ~-~~ ANY PROPRIETOR/PARTNERlEXEClITIVE D NI' i E.L. EACH ACCIDENT $ - OfFICERlMEroJaER EXClUDED? (".n<latery In NH) E_L DISEASE. EA EMPl.OYE $ .._- ~;;~ ~~PERATIONS below E.L DISEASE - POLlCYUMlT $ I i DESCRIPTION OF OPERATIONS 'l.OCATIONS 'VEHICLES [AIlKh ACORD 101. Addltlonll R.marh Sehedul..lfmor. ,pKe 1$ requIred) Only those employees rented from MDT Personnel LLC per work order or written contract Collier County Board of County Commissioners recognized alii addillonal insled with respects to generelllability as required by written contract or wrillen agreement. 30 Davs/10 Oavs Nonwp"vment of nremium in accnrdance with the "~Iic" "'rovisions. R Any SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCElLED BEFORE Collier County Board of County Commissioners THE EXPIRA TIOH DATE THEREOF, NOTICE WILL BE OEUVE:RED IN 3301 E. Tamiami Trail ACCORDANCE WITH THE POLICY PROVISIONS. Naples FL 34112 AUTHORIZED REPRESENTATIVE . 'TPAI Herman PeelV qf~f2~ ACORD 25 (2010/05) @1988-2010ACORD CORPORATION. All rights r...rv.d. The ACORD name and logo are registered marks of ACORD CERT NO.: 6538962 Karel> T..;ru!ll 10/13/20]0 6:2S:00 AM ~"'9" 1 of 1 IMPORTANT If the certificafe holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) AC<>R1t ER.TIF1CATE OF L1AaILITY 110.. 'E .. O^""~ S~ C . 09/1:!IWlO tHIS' C ." IQ.Y!!:rS 1$$.lIE1:>JI.$ A MATTI!lfOl' JNFQRI\IATloN (lJ(,y Ailli !lO~ 1;0. ~ISliT$ UI'ON THECJ;BT1l'lCAtE HlilLJ:)~ :rnJ.S,:,;qER'I1f~~ DoGS "lor Aloll;llli; ~Q OR AI;; THE """E/LilGE A . Eil. BY THE PO GI~ BELOW, PROOOOEA: A1'cl3.way JnaJlraDCI!: S4!mtG, LLC 370 Co'mmerlre Drive, Suite #1{1;t Forl: Watlhlngio'b, rA 1'0)4' "OJ 1l94lll38 . iNSURED ADeglant Professional Business Services, loe. S/CfF MDT Penonnel LLC d/b/a Able Body Temporary Services 1590 South Lewis Street Anaheim, CA 92805 coVeRAGES INSURERS AfFORaING .(lOVERAGE 'JNSlJl'$l:.^~ aI I~URER B: I~SURER c: !N.S!.JRt;RD: lNStJReR E: NAlC(l THE PoUQ)ES OF INSURANCE USrEP BELeW HAVE BEEN ISSuED TO THE INSURED NAMED ABOVE FOR THE P0LK;Y PEIlIOO."'DlCATEO. NOTWITHSTANDiNG ANY REQOI~EMI;NT, TERM OR: CoNDITION OF AI'('( e6NTRACT 'Qri; OTHER OOCUMENT WITH ResPEOT iO' WHICH THIS CERllFICA'rE MAY BE_IS'SUED o'~ MAY ~TAIN. THE INSURANOE AFFORDED BY tHE POUCIE:S DEsCRIBED HEReiN J9 8UBJECTTO AU T'H/: TEFWS, ,EXCLuslljNS ANB CONDITIONS "OF SUCH ='AGGREGATELIMITSSHOWNWiYHA'IE.EEN"""UCED8YPAlOC~ ~ .' IT ~ POlICY NIJMBi~ .. P I y~ N. LIMITS ~~Al..lI~ILrrv ~H octUR~E I; - rrERCIf<l GEN61'lA111ARD.,ITV P-REMIS S ';'E~~~tlCe} I, - CL,6J~SMADi; 0 OCCUR I ~'DEXP~en,,"_~1 . P!R5DNAL.&AO\f.tNJURV . G~EAAL AGGREOM',;; . n~MG~nf;rn~PER PRODl,lCrs ~1JOMP.I0P AGe . t'0LtCY PRC!; L9C ~-oMOnll.;~lIAIiJU'rY COMBINf1:0 S!Nl;lLE LJMIT i' I-- ANY AUTO (Ea,.-ccia~) I-- Al..1.0'HNEOAUfOS ~OeII.YINJURY !, I-- SCrll::DUlEO AUTQS (Pf1po(JlON i - IiIRE[;;AVTOS B-DPILYINJtJRY I, - NON-OWjqEDAUTOS fPer.aoelOent) I - P'ROF.ERTY .DAMAGe , fl'I'erllr.:t.1dont), I =1"'ElI""""" ~~1'6 0'0- y -'E,t-,ACCIOENT , ANVA,\1TO I OW-l:::l', THAN EA Ace , AUTO O!\ll Y: A{;;G . EXCESSJU;,.f9R.EU.AUABILrrY EACH OCCt:1RflENC~ .b. p"'occw~ Cl ClAIMStAADE AI;>GRe:GA'fE . , R ~EOUCT"LE , I RET5NT~N . ~J l""~lt . WCRlCERSOOMPSNSATtON....ND I !':;MPLOYER,slUASlLlTY . 1000000 A ",lffPltOPRlGT~"'~w; ZAWCI9l99300 21280010 ~128120U EJ...EP;CH ACCIDENT OFRCEfllt.:<iMllER EJ<CL ! ~L QlgEA~ - EA EMPl,OYE , MMMo -- ~~~S~~Sb9tov.' , . '.""nM U. DIS.EA~ - POPCYUMfT OTHER: DESGRlPl!O\il OF OPERATIONS' tOC.f;.nONS ,va-IlCLES I EXCLUSIONS ADDEO if'( !:HOCiRSEME/ilT F sPSCJAl PRQVISIOPf$ Coverage is afforded to s.affed employees placed witb MDT Persoonel LLC d/b/a Able Body Temporary Services Effective: September 8. :U110 CERTIFlCA I'fO OER CA"'CE~I.ATlON SHOUI;OAw.f or tHE ASOVE: OI!:SCRIBro POLICIES BE GANCaLe:o BEFORE THe: ExPiRATION DATE THEREOF, -THS ISSlllNG INSURER WILL ENDEAVOR TO MNL30 DAYS WRITT!;1ll N01'ICE 1'0 THe- CERTIFlCAT!; HQLDER NAMED 1'0 'tHE LEFT. elJT F/lll~RE TO DO SO t>HklL tMPOSi; !Il0 06LIGATI,0N OR llA01UTY OF N{'( Ktt-.'P llPON THE' INSURER ITS AGENTS OR REPRESErJTATNE$.., AUTHQRllW Ii: PRESENt.o.T1V6 ft Collier COllDty~ Board of County Commissioners 3301 T.mlami Trail Eas4 BLDG H, N I.. FL 34U2 ACOR025(20011ll61 EXHIBIT j A COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail East, Building "G", Naples, Florida 34112 (239) 252-8407, Fax (239) 732-0844, wwwcolliergovnetlpurchasing IINVIT A TION TO BiOi DATE: March 6, 2009 TO: Prospective Bidders FROM: Jack Curran Purchasing Agent RE: ITB# 09-5215-- "Temporary laborers" As requested by the Facilities Management Department, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the sole intent and purpose of obtaining fair and competitive bid responses on the above referenced ITB, Please refer to the Public Notice included in this document for the time and date of the opening date and any applicable pre-ITB conference. Any and all questions regarding this ITB must be asked online on the Collier County Purchasing Department E-Procurement website: www.collierQov.net/bid. All answers to questions will be posted on the noted website with electronic notification to all prospective bidders. We look forward to your participation in Collier County's competitive procurement process. cc: Damon Gonzales, Facilities Management Department Note: All Bid Responses submitted manually must be submitted as one original, and one exact duplicate copy, including any required forms. Revised 1/09 c " (~~ 0 c U If n ,\ BIDDERS'S NON-RESPONSE STATEMENT ITB # 09-5215 "Temporary Laborers" 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 Bidders 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, fax 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): o Services requested not available through our company. o Our firm could not meet specifications/scope of work. o Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) o Project is too small. o Insufficient time allowed for preparation of response. o Incorrect address used. Please correct mailing address: o Other reason(s): Name of Firm: Mailing Address: City, State, Zip: Telephone No: Email: By: Signature of Representative Revised 1/09 2 PUBLIC NOTICE Sealed bid responses for ITB #09-5215, "Temporary Laborers", will be received electronically or manually only at the Collier County Purchasing Department Director's Office, 3301 Tamiami Trail East, Building "G", Naples, Florida 34112 until 2:30 p.m. Collier County local time on March 26th, 2009. ITB responses received after the stated time and date will not be accepted. ITB #09-5215 "Temporary Laborers" No pre-bid conference will be held for this solicitation Any and all questions regarding this ITB must be asked online on the Collier County Purchasing Department E-Procurement website: www.collierQov.net/bid. All answers to questions will be posted on the noted website with electronic notification to all prospective bidders. All ITB responses must be made on the official ITB response form included as part of this ITB 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 bidders 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.collierQov.neUpurchasinq and in the lobby of the Purchasing Building on March 6, 2009. Revised 1/09 3 GENERAL BIDDING REQUIREMENTS 1. All bids must be made on the Bid form furnished by the County. No bid will be considered unless the Bid form is properly sianed. 2. Bidders must provide unit prices any time unit prices are requested in the units reauested. These unit prices must be proper and balanced so as to allow fair adjustments in quantities as required 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. Any transportation and/or any other charges incurred in delivering the product as specified must be included in the bid price. FOB destination shall apply unless exception is made in the specifications. 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. 5. Bidders 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 shall be interpreted as the Bidders intent to fully complies with the specifications as written. Exceptions taken by the Bidder may be deemed grounds for rejection of bid response. 6. Bidders who qualify their bids will be rejected. Examples of bid qualification include, but are not limited to: prices submitted are based on an all-or-none award, prices submitted based on receiving other awards firm is in contention for, prices submitted as today's price and changeable at time of delivery. 7. 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. 8. 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. 9. All bids shall be submitted manually or electronically 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. Revised 1/09 4 10. All bids submitted manually must be an original and one exact duplicate copy and placed in a sealed envelope, and plainly marked as follows: · The due date and time of receipt of the bids by the County Purchasing Director. · The number of the bid and the bid title. However, under no circumstances shall any part of, or pertaining directly to the Bidder's offer, be exposed on the outside of the bid offer. Special Note: All bids sent by courier service must have the bid number and title on the outside of the courier packet. 11. Collier County, Florida as a political subdivision of the State of Florida is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. A copy of Collier County's Certificate of Exemption (#85-8012621830C2) is available upon request. Corporations, individuals and other entities are impacted by Chapter 212, Florida Statutes according to the type of service, sale of commodity or other contractual agreement to be made with Collier County. By submittal of a properly executed response to a Bid from Collier County, Florida, the bidder is acknowledging that he is aware of his statutory responsibilities for sales tax under Chapter 212, Florida Statutes. Collier County is also exempt from most Federal excise taxes. By submittal of a properly executed response to a bid from Collier County, Florida, the bidder is acknowledging that he is aware of his responsibilities for Federal excise taxes. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 12. Tangible personal property purchased by Contractors in the performance of realty construction for the County is taxable, though the County is exempt on its own purchases. 13. 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. 14. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida or the U.S. Government now in force or hereafter adopted. Revised 1/09 5 - -'-^_._-' - --_.-.~. -.-. "'-'-'''''-'-''~-'-'.''''-''''-''~--'---~''''''-'''''.'.''.~-~-"-'-~"'_"~'_-~'~--~."<~.-"_"_-""'''_~_.,,-.-.~-..". 15. When it is deemed by the County that a bid cannot be awarded as intended, the County reserves the right to award this bid through an approach which is the best interest of the County. 16. Alternate bids will not be considered unless authorized by the Invitation for Bids. 17. Bidders on any project must be qualified and directly responsible for 30% or more of the Bid amount for said work. 18. Payment will be made by the County in accordance with the requirements of the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Collier County, at its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: 1. Traditional - payment by check, wire transfer or other cash equivalent. 2. 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." 19. Any Contractor who is a recipient of County funds, or who proposes to perform any work or furnish any goods under this bid shall not discriminate against any worker, employee or applicant or any member of the public because of age race, color, sex, religion, national origin, disability or marital status nor otherwise commit an unfair employment practice. 20. Bidders who wish to receive copies of bids after the bid opening may view and download from the Collier County Purchasing Department E-Procurement site. 21. Any actual or prospective respondent to an ITB, who is aggrieved with respect to 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. Revised 1/09 6 22. ITB award selection criteria is as follows: a. All questions on the Bid document shall be answered as to price(s), time requirements, required document submissions and electronic acknowledgment of addenda received by download. b. Award shall be based upon the responses to all questions on the Bid Response Page(s). c. Further consideration will include but not be limited to references, completeness of bid response and past performances on other County bids/projects. d. 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 answer. 23, 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 the Collier County Purchasing Department website on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the 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. 24. 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 their agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 25. The Contractor shall employ people to work at County facilities who are neat, clean, well-groomed and courteous. Revised 1/09 7 26. If the bidder should be of the opinion that the meaning of any part of the Bidding Document is doubtful, obscure or contains errors or omissions he should report such opinion to the Purchasing Director before the bid opening date. 27. Bidder acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seQ. and regulations relating thereto, as either may be amended. 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 28. Any suit or action brought by either party to specifically enforce any of the terms and conditions of this contract shall have venue in the Twentieth Judicial Circuit in and for Collier County Florida, which has sole and exclusive jurisdiction on all such matters. Revised 1/09 8 Invitation to Bid ITB #09-5215 "Temporary laborers" 1) General Introduction/Overview Thank you for your interest in doing business with Collier County. We look forward to a very successful procurement process. Please take notice of the bid submittal requirements outlined in the solicitation. Make sure you read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to your bid submittal being rejected as non-responsive. Any and 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.collierQov.neUbid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addendums as failure to do so may result in the rejection of your submittal. Bidding Documents obtained from sources other than Collier County Purchasing may not be accurate or current. 2) Purpose/Obiective As requested by the Facilities Management Department (hereinafter, the "Division, or Department"), 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 offering temporary laborers in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful bidder will hereinafter be referred to as the "Contractor" 3) Pre- ITB Conference No pre-bid conference will be held for this solicitation Revised 1/09 9 4) Questions Direct questions related to this ITB only to the Collier County Purchasing Department E- Procurement website: www.collierQov.netlbid. Questions will not be answered after the date noted on the ITB. Bidders 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 at (239) 252-6098. 5) Method of Source Selection The County is using the Competitive Sealed Bid methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number 2009-181 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 contracts. 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. When a qualified and responsive, non-local business submits the lowest price bid, and the bid 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 bid offer (i.e. the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087 F.S. Revised 1/09 10 If the lowest local bidder meets the requirements of 287.087, F,S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S. and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. The County may, as it deems necessary, conduct discussions with responsible bidders 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. 6) Award It is the intent of Collier County to award to the lowest, qualified and responsive bidder(s) in accordance with the Method of Source Selection denoted in terms and conditions section five (5) on the basis of Primary and Secondary Awardees basis, and determined by lowest bidder total per category. The categories are: Skilled Laborer, Semi-Skilled Laborer and Unskilled Laborer each category has three line Items. If Bid cannot be awarded as noted herein, the Collier County Board of County Commissioners shall make an award that best suits the needs and is in the interest of Collier County. The contract will be in the form of a standard County Purchase Order. Bidders 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-responsible. 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. Revised 1/09 ]1 7) Contract Term The contract term, if an award(s) is/are made is intended to be two (2) years with two (2) one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on contract anniversary date, in writing, to the Purchasing Director and must be based upon South Urban Consumer Price Index (CPI) based on the previous twelve (12) months. Verification of these increases, other than CPI, shall be furnished to the Purchasing Director with the written request for increase. Any upward price adjustment approved by the County shall impose upon the vendor the requirement to advise and extend credit to the County when costs' similarly decrease. Surcharges, if applicable, will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 8) Inabilitv to Provide Goods and/or Services In the event circumstances arise in which the Contractor is unable to supply the required goods and/or services within the County's needs. Contractor shall advise the Purchasing Director in writing of the circumstance and duration. The County may select an alternate supplier to provide required goods and/or services until such time that the Contractor is again able to supply these requirements. 9) Termination Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 10) Specifications/Scope of Work These specifications are intended to provide the information by which prospective bidders may understand the requirements of Collier County relative to furnishing temporary laborers in a timely manner throughout the term of this contract. Contractor shall provide temporary skilled and unskilled laborers for various COllier County Departments with the following minimum requirements: Contractor shall supply competent laborers who are capable of performing their employment duties. Laborers shall be neat, clean, well-groomed and courteous, and shall be fully dressed including shirt and shoes. The County may, at their discretion, provide uniforms to the laborers at no cost to the Contractor or laborers. Laborers shall be capable of receiving and understanding instructions in English. All laborers shall be Revised 1/09 12 properly documented as required by law. Contractor and laborers shall be required to comply with all applicable regulations of the County and State of Florida; full cooperation is expected and required. The County shall require the Contractor to remove from the County workplace any laborer deemed to be careless, incompetent, insubordinate or otherwise objectionable, or whose continued employment on the job is deemed to be contrary to the interest of the County. Bidders shall provide information as to the number of years that the firm has been in business in the space provided on the Proposal form. Each bidder will provide five (5) references from previous and current clients regarding its past performance in the delivery of the services set forth in this bid invitation. In addition to reviewing the information submitted and contacting the references listed in the bid offer, the County reserves to right to investigate and consider any complaints or other concerns raised pertaining to the past performance or conduct of the bidder(s) or employee(s). Further, the County reserves the right to reject any bid(s) from a firm(s) or individual(s) not deemed qualified to perform the work based on the scope of work and/or the referenced and performance-related information gathered during the bid evaluation process. Skilled Laborers 1) Manual Skilled Laborers (including, but not limited to: Carpenters, electricians, painters, plumbers) 2) Data Entry Skilled Laborers (computer input, filing, reception duties) Semi Skilled Laborers Semi Skilled Laborers are used for jobs of a strenuous nature, and/or may require using power tools but not to the degree of a skilled laborer. Unskilled laborers Anticipated duties may include, but not be limited to: landscaping work, digging, shoveling, spading, raking, excavation, furniture and/or equipment moving, pressure washing and other various duties as assigned by the County. Non-Bid Skilled Labor Under certain circumstances, the County may request special non-bid skilled labor rates. This may include temporary labor services for County interns, specialty skills such as CAD Technicians or Draftsman, Project Managers, Tram Services, Building Automation Technicians, General Building Surveying, other Management Services, or any other skill or skilled position the County deems appropriate under this category. Revised 1/09 13 These services shall be negotiated directly with the Purchasing Department and the contractor on an as needed basis. Overtime Any hours worked in excess of forty (40) hours per week by the same employee at the request of the County, will be considered overtime. Hours worked on weekends will be treated as straight time unless they are in excess of a forty (40) hour work week. All hours worked in excess of a forty (40) hour work week that are considered overtime will be paid at one and a-half (1.5) times the normal hourly rate submitted on the Proposers Contract Proposal page. Pav Raises The County reserves the right to adjust an individual(s) pay under this agreement after an employee is assigned for a minimum of three (3) months and the individual(s) pay may not exceed a maximum of six ($6.00) dollars per hour over the base hourly rate in any category. Contract Transition Plan As the County currently has existing temporary labor services under contract with existing laborers, new potential contractors shall be required to accommodate a transfer of those laborers which the County deems necessary at an hourly rate (to the laborer) equal to or above their current hourly rate. These laborers are typically laborers who have been working with the County for a period of over six (6) months under the previous contract. This shall NOT affect incoming or new laborers, only existing, transition laborers previously working under contract #05-3827. 11) Quantities Quantities, if listed in this solicitation are for evaluation purposes only. 12) Insurance Reauirements The Insurance Requirements are included in this solicitation. Since this solicitation has insurance requirements, it should be noted by the bidder that in order to meet the County's insurance requirements, there may be additional insurance costs to the bidder. It is therefore imperative that the bidder discuss these requirements with their insurance agent so as any additional cost to bidder can be included in bid cost. 13) Assianment. Sublease. Sale. Etc. Should the Contractor sell or sublet this contract or any part thereof to any person or entity other than the awardee, the BCC shall be notified in writing immediately upon the transfer of ownership. The assignment of this contract or any part thereof shall require Revised 1/09 14 that its assignee be bound to it and to assume all of the obligations and responsibilities that the original Contractor has assumed toward the County. In the County's best interest, and at its option, the service/commodity may be re-solicited, delivering a sixty (60) day written notice to the new owner(s). 14) Additional Items and/or Services During the contract term, Collier County reserves the right to delete and/or add items and/or services of like nature with the satisfactory price negotiated by the Project Manager and Contractor. 15) Conflict of Interest Bidder 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. 16) 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. 17) 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 Contractor the costs necessary to correct the deficiencies directly related to the Contractor's non- performance. 18) Offer Extended to Other Governmental Entities: Collier County encourages and agrees to the successful bidder/proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder/proposer. 19) Safety All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the Revised 1/09 15 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. 20) Licenses The Contractor is required to possess the correct occupational license, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of 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 contract documents. Failure on the part of any bidder to supply this documentation with their bid response may be grounds for deeming bidder non-responsive. A Contractor with an office within Collier County is also required to have an occupational license. If you have questions regarding professional licenses, please contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required Occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. 21) Protection of Property The Contractor 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 Contractor or their Subcontractor in the performance of the required service, the Contractor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damaged caused by the Contractor or their Subcontractor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Contractor. 22) Prohibition of Gifts to Countv Emplovees 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. Revised 1/09 16 23) InvoicinCl To ensure payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes, Contractor's invoices should: . Include the Purchase Order Number . Specify the goods delivered and/or services rendered Vendor shall invoice the individual department requesting the work and/or issuing the Purchase Order. The County does not pay for fuel surcharges. Invoices shall be sent to: Board of County Commissioners AUn: Accounts Payable PO Box 413016 Naples, Florida 34101-3016 24) BackClround Checks Bidders 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 until total completion of the denoted project or the contract period. Any assigned employee(s) to security or sensitive areas of Collier County shall have a professional background check and be fingerprinted by the Facilities Management department at the vendors' expense. The cost(s) for such background checks and fingerprinting will be deducted from the vendors' first invoice, but shall NOT be deducted from the individual laborers' earnings. Revised 1/09 17 THIS SHEET MUST BE SIGNED BY BIDDER Board of County Commissioners Purchasing Department Collier County, Florida BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your bid. Bidder 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. Any addenda have been signed and included. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 11, The mailing envelope must be sealed and marked with: . Bid Number; . Bid Title; . Opening Date 12. The bid will be mailed or delivered in time to be received no later than the specified openinQ 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 Revised 1/09 18 INSURANCE REQUIREMENTS o CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida, As described in the attached Contract Insurance Requirements form. o The OWNER shall procure and maintain property insurance upon the entire Project, if required, to the full insurable value of the Project. The property insurance obtained by OWNER shall, at a minimum, insure against the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, debris removal and other perils or causes of loss as called for in the Contract Documents o OWNER and CONTRACTOR waive against each other and Owner's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. CONTRACTOR and OWNER shall, where appropriate, require similar waivers of subrogation from Owner's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. o The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. o CONTRACTOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in this Article 3, and certificates attached as Exhibit B to this Agreement. Certificates must identify the specific Project name, as well as the site location and address (if any). o The General Liability Policy provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interest's provisions. o Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTEnThe "Certificate Holder" should read as follows: . Collier County . Board of County Commissioners . Naples, Florida o The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self-insured Revised 1/09 19 retentions or deductibles under any of the below listed minimum required coverages, CONTRACTOR 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 Contractor's sole responsibility. o Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. o The CONTRACTOR and/or its insurance carrier shall provide thirty (30) days written notice to the OWNER of policy cancellation or non-renewal on the part of the insurance carrier or the CONTRACTOR. CONTRACTOR shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONTRACTOR from its insurer and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. o Should at any time the CONTRACTOR not maintain the insurance coverage's required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the CONTRACTOR for such coverage's purchased, If CONTRACTOR fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR. The OWNER 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 OWNER 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. o If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the CONTRACTOR shall furnish to the OWNER, renewal or replacement Certificate(s) of Insurance not later than ten (IO) calendar days after to the date of their expiration. Failure of the CONTRACTOR to provide the OWNER with such renewal certificate(s) shall be considered justification for the O\VNER to terminate the Agreement. Revised 1/09 20 Co~y County ~ COLLIER COUNTY GOVERNMENT CONTRACT INSURANCE REQUIREMENTS TYPE LIMITS (Check) X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government Statutorv Limits and Reauirements x Emolover's Liability $500,000 X $1,000,000 X Commercial General Liability $500,000 per occurrence $1,000,000 per occurrence (Occurrence Form) patterned bodily injury and property X bodily injury and property after the current ISO form. damaae damaae Airport Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damaae damaae Hanaar keeDers Liability $500,000 per aircraft $1,000,000 per aircraft Aircraft Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damaae damaae Business Automobile $500,000 per occurrence $1,000,000 per occurrence X Insurance X bodily injury and property bodily injury and property damaae damaae Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage Builders Risk Insurance OWNER Mav Purchase-Reolacement Cost- All Risks of Loss 1 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. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be acceotable. Thirty (30) Days Cancellation Notice required on Agreements. The contract name and number shall be included on the certificate of insurance. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liabilitv and/or Airoort Liabilitv where reauired. Revised 1/09 21 BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of bid. Bidder Insurance Agency Signature of Bidder Signature of Bidder's Agent Revised 1/09 22 BID RESPONSE FORM FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: BID No. 09-5215, "Temporary Laborers" Dear Commissioners: The undersigned, as bidder, hereby declares that he/she has examined the specifications and informed himself/herself fully in regard to all conditions pertaining to the work to be performed for Facilities Management Department as per the scope of work. The Bidder 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 Bidder proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: * * * SEE FOLLOWING PAGES * * * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net _ Days Bid Response continued on next page.... Revised 1/09 23 BID RESPONSE BID# 09-5215 Bid Response Form is electronic. Please input your prices online. Additional Bid Response is as follows: Firm's number of years in business Five Business References with email address Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) days after being notified of an award. Revised 1/09 24 BID RESPONSE CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _ day of , 2009 in the County of , in the State of Firm's Complete Legal Name (Address) (City, State, ZIP) Phone No: Fax No: Check one of the following: D Sole Proprietorship D Corp or PA State of _ D Limited Partnership D General Partnership By: Typed and Written Signature Title Revised 1/09 25 **************************************************************************************************** ADDITIONAL CONTACT INFORMATION Send Payments To: (REQUIRED ONLY if different from above) (Company Name used as Payee) (Address) (City, State, ZIP) Contact Name: Title: Phone No: Fax No: Email address: Office Servicing Collier County Account /Place Orders/Request Supplies (REQUIRED ONLY if different from above) (Address) (City, State, ZIP) Contact Name Title Phone No: Fax No: Email Address: Revised 1/09 26 Co~t. <;;ounty . , L - __~ AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ITB/RFP/RFQ#:09-5215 (Check Appropriate Boxes Below) STATE OF FLORIDA AND o COLLIER COUNTY 0 LEE COUNTY PROPOSER/BIDDER/QUOTER 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. Please provide the following information for the Proposer/Bidder/Quoter: Year Business Established in DCollier County or 0 Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in 0 Collier County or 0 Lee (Including Owner(s) or Corporate Officers): Revised 1/09 27 If requested by the County, proposer/bidder/quoter will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in proposer/bidder/quoter's submission being deemed not applicable. Proposer/Bidder/Quoter Name Signature Title STATE OF FLORIDA o COLLIER COUNTY o 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) Revised 1/09 28 Vendor Company: Able Body Labor Vendor Username: IIblcbod\' Item Item Description Quantity Unit Unit of Date Notes Total Number Price Measure Skilled Temporary $9.48 hr 3/26/2009 $9.48 Laborer 6:30:46 AM Skilled Temporary 3/26/2009 2 laborer cost per week 40 $379.20 hr 6:30:46 AM $15,168.00 40hrs regular hours Overtime Rate for 3/26/2009 3 Skilled Temporary $13.94 hr $13.94 Laborer 6:30:46 AM 4 Semi-Skilled $9.48 hI' 3/26/2009 $9.48 Temporary Laborer 6:30:46 AM Semi Skilled 5 Temporary Laborer 40 $379.20 hI' 3/26/2009 $15,168.00 Cost per week 40hrs 6:30:46 AM regular hours Overtime Rate for 3/26/2009 6 Semi- Skilled 1 $13.94 hr 6:30:46 AM $13.94 Temporary Laborer 7 Unskilled Temporary $9.48 hr 3/26/2009 $9.48 Laborer 6:30:46 AM Unskilled Temporary 3/26/2009 8 Laborer cost per week 40 $379.20 hI' 6:30:46 AM $15,168,00 40hrs regular hours Overtime Rate for 3/26/2009 9 Unskilled Temporary 1 $13.48 hI' 6:30:46 AM $13.48 Lfaborer Grand Total $45,573.80 Vendor Info Username ablebody First Name Rebekah Last Name Williamson Company Able Body Labor Contractor Type Subcontractor Tax ID 593097811 E-mail Address Procurement(1ilablebodv. net Address 1 3040 Gulf to Bay Blvd. Address 2 City Clearwater State FL ZIP 33759 Phone (727) 724-2600 Fax (727) 771-9632 Mobile Phone Web Address httD:/ /www.ablebodv.com BID RESPONSE FORM FROM: Professional Staffing Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: BID No. 09-5215, "Temporary Laborers" Dear Commissioners: The undersigned, as bidder, hereby declares that he/she has examined the specifications and informed himselflherself fully in regard to all conditions pertaining to the work to be performed for Facilities Management Department as per the scope of work. The Bidder 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 Bidder 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: 100 % 30 Days;Netl.9Days Bid Response continued on next page.... Revised 1/09 BID RESPONSE BID# 09.5215 Bid Response Form is electronic. Please input your prices online. Additional Bid Response is as follows: Firm's number of years in business 23 Years Five Business References with email address Please see page 22 Note: If you choose to bid manually, please submit an ORIGINAL and ONE COpy of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) days after being notified of an award. Revised 1/09 BID RESPONSE CONTINUED IN WITNESS WHEREOF, WE have hereu~to subscribed our names on this 23rclday of Harch ,2009 in the County of Prnellas In the State of FL Professional Staffing-ABTS,Inc, Firm's Complete Legal Name 3040 Gulf to Bay Blvd. (Address) Clear'I,'ate.t:, Fl, 33579 (City, State, ZIP) Phone No: 7rl- '/24 -;,600 FaxNo -n;71-9632 S, ^"~d,.l,~ . Typed and Written Signature clba ,!>,ble Body Labor Check one of the following: o Sole Proprietorship [X] Corp or PA State of o Limited Partnership - o General Partnership Corporate Counsel TItle Revised 1/09 .........**.._...........*.***..***...****...****.***.*....******........*.*....**....************** ADDI110NAL CONTACT INFORMATION Send Payments To: (REQUIRED ONLY if different from above) (Company Name used as Payee) (Address) (City, State, ZIP) Contact Name: Title: Phone No: Fax No: Email address: Office Servicing Collier County Account IPlace Orders/Request Supplies (REQUIRED ONLY if different from above) 2947 Peters Ave (Address) Naples, FL 34112 (City, State, ZIP) Contact Name Tracy Gonzalez Title District Manager Phone No: 239-229-0782 Fax No: 239-774-3740 Email Address:Tracv.Gonzalez@ablebody.net Revised 1/09 Vendor Company: Able Body Labor Vendor Uscrname: ablebod\> Item Item Description Number Skilled Temporary Laborer Skilled Temporary 2 laborer cost per week 40hrs regular hours Overtime Rate for 3 Skilled Temporary Laborer 4 Semi-Skilled Temporary Laborer Semi Skilled 5 Temporary Laborer Cost per week 40hrs regular hours Overtime Rate for 6 Semi- Skilled Temporary Laborer 7 Unskilled Temporary Laborer Unskilled Temporary 8 Laborer cost per week 40hrs regular hours Overtime Rate for 9 Unskilled Temporary Lfaborer Vendor Info Username ablebody First Name Rebekah Last Name Williamson Company Able Body Labor Contractor Type Subcontractor Tax ID 593097811 , Unit Quantity P' nce Unit of Measure 40 I 40 I 40 $9.48 hI' $379.20 hI' $13,94 hI' $9.48 hr $379.20 hr $13,94 hI' $9.48 hI' $379.20 hr $13.48 hI' Date 3/26/2009 6:30:46 AM 3/26/2009 6:30:46 AM 3/26/2009 6:30:46 AM 3/26/2009 6:30:46 AM 3/26/2009 6:30:46 AM 3/26/2009 6:30:46 AM 3/26/2009 6:30:46 AM 3/26/2009 6:30:46 AM 3/26/2009 6:30:46 AM Notes Total $9.48 $15,168.00 $13.94 $9.48 $15,168,00 $13.94 $9.48 $15,168,00 $13 .48 Grand Total $45,573.80 E-mail Address Procurement(5lablebodv. net Address 1 3040 Gulf to Bay Blvd. Address 2 City Clearwater State FL ZIP 33759 Phone (727) 724-2600 Fax (727) 771-9632 Mobile Phone Web Address htto: / /www.ablebodv.com