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2015-06
CONTRACTOR AGREEMENT FOR RENTAL EQUIPMENT Ttf THIS AGREEMENT, made and entered into this ooh day of s4,0,u4Y-- 2015, A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida (hereinafter referred to as "CITY"), and BLUELINE RENTAL, LLC., a Corporation authorized to conduct business in the State of Florida, 7616 Narcoossee Road, Orlando, FL 32822 (hereinafter referred to as "CONTRACTOR"). WHEREAS, Volusia County, Flonda issued ITB No.: 14-B-102V0 for rental equipment; WHEREAS, based on CONTRACTOR's response, Volusia County entered into an Agreement with CONTRACTOR which currently is in effect until October 16, 2017; WHEREAS, CITY desires to utilize the CONTRACTOR's contract with Volusia County in accordance with CITY's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of Volusia County ITB No.: 14-B-102VO. WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I - SCOPE OF WORK The CONTRACTOR shall furnish rental equipment as requested by CITY by purchase order and as described in Volusia County ITB 14-B-102VO, which is attached hereto and incorporated herein as Exhibit "A" and shall do everything required by this Agreement and the other Agreement Documents contained in the specifications, which are a part of these Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. To the extent of a conflict between this Agreement and the CITY's Purchasing Policy and Exhibit "A", the terms and conditions of this Agreement and the CITY's Purchasing Policy shall prevail and govern. ARTICLE II—THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Price Schedule an amount in accordance with the compensation schedule set forth in Exhibit 'B', attached hereto and incorporated herein. ARTICLE III—TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties, and shall remain in effect until October 15, 2017, unless renewed as set forth below or terminated as provided for herein. At the option of CITY, this 1 Agreement may be extended thereafter for two (2) additional terms, each not to exceed one(1) year. 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c) CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. ARTICLE IV - COMMENCEMENT AND COMPLETION OF WORK The CONTRACTOR shall provide all equipment and related services in the timeframe as set forth in the applicable purchase order. ARTICLE V - PAYMENTS In accordance with the provisions fully set forth in the General Conditions, CONTRACTOR shall submit a`payment request by the third (3rd) day of each calendar month for items provided during the preceding calendar month. CITY shall make payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified and approved payment invoice by the CITY for items provided and accepted by the CITY. ARTICLE VI—DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements' reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 2 ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Flonda Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 2. CONTRACTOR's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may anse from operating under this Agreement whether such operations are by itself-or-by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) CONTRACTOR's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury&Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. SubCONTRACTOR's Public Liability and Property Damage Insurance - The CONTRACTOR shall require each of his subcontractors to procure and maintain dunng the life of this subcontract, insurance of the type specified above or insure the activities of his subcontractors in his policy, as specified above. 4. Indemnification Rider (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, 3 disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation,shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person descnbed in this Article. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation,or benefits payable-by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE VIII -NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Blueline Rental 7616 Narcoossee Road Orlando, FL 32822 Attn: Quint Ward, Manager of Gov. Sales CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 4 ARTICLE IX—MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal;in addition to all other sums provided-by law. 2. Waiver. The waiver by city of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement. 3. Severability. If any provision of this agreement or the application thereof to any person or circumstance is to any,extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the agreement valid and enforceable under_ applicable law, the remainder of this agreement and the 'application of such a provision to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in writing signed by both parties. 5. Entire Agreement. This agreement including the documents incorporated by reference contains the,entire understanding of the parties hereto and supersedes all prior and contemporaneous agreements between the parties with respect to the performance of services by CONTRACTOR. 6. Assignment. This agreement is personal to the parties hereto and may not be assigned by CONTRACTOR,_ in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action ansing out of this agreement shall be Lake County, Florida. 8. Applicable Law. This agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Flonda. 9. Records. CONTRACTOR expressly understands and acknowledges that any and all documents related to the services provided herein, may be considered records that are subject to examination and production in accordance with Florida's Public Records Law. CONTRACTOR expressly agrees that it will comply with all requirements related to said law and that it will hold CITY harmless, including attorney fees and litigation costs, for any such disclosure related to Florida's Public Records Law. 5 ARTICLE X—AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 1. This Agreement 2. Notice to Proceed or Purchase Order III 3. CITY's Purchasing Policy 4. All documents contained in Volusia ITB No.: 14-B-102VO. IN WITNESS WHEREOF, the parties hereto have executed this Agreement o it this a7 day of n-a_nc, a. 2015. , 16.,„ s,A, 1 City o ► rmont 1, C. .P--2-- `-Z' ' & ,,.---"jr / i ...40156..t.t.... Ara ••• 41,4:1_,____,Gail L. Ash, a•or /if ,dit L __ AI Print Name an Date: ,[r Date: /� Attest: / ^ / Attest: / � - Tracy Ackroyd, City Clerk ' Print Name and Title , 1 6 EXHIBIT A SUBMIT TO: `� j COUNTY OF VOLUSIA PURCHASING&CONTRACTS �I tt/ 123 W. INDIANA AVE.,RM.302 A � DELAND,FL 32720-4608 Vol �` sia CONTACT PERSON: Y(� FLOiiI"`p^^^j211IInty INVITATION TO BID Vlad Opreanu 386-626-6624 AN EQUAL DELAND . 386436'5935 OPPORTUNITY DAYTONA BEACH: . 386-257.6000 www.Volusia.org/ptlrchasing EMPLOYER NEW SMYRNA BEACH.. ., 386-423-3300 TITLE: NUMBER: SUBMITTAL DEADLINE: Rental Equipment 14-B-102V0 Wednesday,August 13,2014 at 3:00 p.m.,EST DO NOT RESPOND TO THIS SOLICITATION ON LINE—SEE SECTION 2.3, DELIVERY OF BIDS PRE BID DATE,TIME AND LOCATION: Volusia County Purchasing and Contracts Conference Room 300,Third SUBMITTALS RECEIVED AFTER ABOVE DATE Floor, 123 West Indiana Avenue,DeLand, FL, 32720-4608, at 11:00 a.m., AND TIME WILL MrBECONSIDERED local time,on Thursday July 24,2014. FIRM'S NAME. 6 luc ie_ P.et-44 MAILING ADDRES; The vendor acknowledges that informatio 76 '" MA-rro0'Cee and co� ed8 provided in this Bid is true ct. Or 6%4o I FL 3GI--) � CITY–STATE–ZIP X &.14 toshot CI e_51.,ctiAtree-- ..&. to— Authorized Si:. 0,, E-MAIL ADDRESS' / ✓t^/_ �C-t ' 8Gly -S7 l —24 2.2. Typed Name 7— TELEPH NE NO I —s71-1112_ I FAX NO`760 -BS.i- 3543 .l^"°`"` (.0 . S s FEDERAL ID NO OR SOCIAL SECURITY NO Tate Date RI (f6 . -11-5114).8.1.6 THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE GENERAL CONDITIONS AND INSTRUCTIONS ••••PLEASE READ CAREFULLY•••• Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations to attend public openings or meetings sponsored by the Volum County Purchasing and Contracts Division shall contact the County's ADA Coordinator at 386-248-1760,at least two(2)business days prior to the scheduled opening or meeting. I. SUBMISSION OF OFFERS: All Was shall be submitted in a sealed envelope or 6. INTERPRETATION/ADDENDA: package The invitation number,title.and opening date shall be dear) Any questions BosThose conditions and outside of the sealed envelopeorY displayed an the specifications shall be directed to the designated contact person. interpretations package. The dehvcry of responses to the Volusia which affect the eventual furnished County Purchasing and Contracts Division Office poor to the specified date and time is top o peetive offerors. outcome of the invitation/offer shalt be fitiniabed in writing solely and strictly the responsibility of the offeror. Any submittal received in the Purchasing and Contracts Division Office after the specified date and time will not be No interpretation shall be considered binding unless provided in writing by the County of coonde:ed. Vohssia Purchase g and Contracts Division in the form of an addendum. Any addenda Issued shall be acknowl Responses shall be submitted on fonts provided by the County Additional informationedged by signal=and returned with o}Ieror's response. may be attached to the submittal Facsimile submissions are NOT acceptable. No offer Failure to acknowledge addenda may result in the offer not being considered. may be modified after acceptance No offer may be withdrawn after opening for a period of ninety(90)days unless otherwise specified. 7. INCURRED EXPENSES: This invitation does not commit the County award nor shall the Countya to make an 2. EXECUTION OF OFFER: Offer shall contain a manual signature m die speeds) nresponsible for any cost or expensewhish may be incurred provided of aBidder Bidder the executingon and submitting a reply,o.orC anynor cost or expense matured by any rcares requesting e aagh nfor to legally bind offeror offeror tolbe ms prier to of purchase order or Contract/Agrooniem. therein, All spaces requesting mforrrulon Bron the offeror shell be completed Responses shall be typed or printed in ink Use of erasable ink or pencil is not permitted. 8. DISADVANTAGED BUSINESSES: The County of Volum, Florida, has adopted Any correction made by the offeror to any entry must be initialed. policies which assure and encourage the full participation of Disadvantaged Business 3. OPENING: Opening shall be public in the Volume County Purchasing and Contracts Fat sea(DBE)in the provision of goods and services Division immediately following the advertised deadline date and time for receipt of 9. LOCAL BUSINESSES: The County Council has established a policy to encourage submittals Pursuant to Section 119,07(3) (0) Florida Statutes (1991)no further participation of local businesses in the provision ofgoodsend services The County will information regarding offers submitted will be made public until such time of intended award or ahuty(30) endeavor to assist local businesses to achieve this goal days,whichever is earlier A. General Condition 4. PUBLIC RECORD: The CountyVo Chapter of Iwia Florida,is governed by the Public Record Local Businesses A prime contractor or subcontractor duly licensed and authorised to Law. 119.Florida Statutes engage in the particular business in Hagler,Lake,Orange,Osceola,Seminole or Volusia S CLARIFICATION/CORRECTION OF ENTRY: The County of VNusia reserves the County,Florida,and holds a valid load business tax receipt for that place of business for a msix right to allow for the clarification of questionable entries and the cam:coon of OBVIOUSminimum (6) s pmts tothe date of submittal of the Bid or quote to the County. MISTAKES. CONTINUED ON NEXT PAGE 10. PRICING: Unless otherwise specified prices offered shall remain firm fore period of 22. PATENTS, COPYRIGHT, AND ROYALTIES: The suppl er/provider, without at least ninety(90)days:all pricing of goods shell include FOB DESTINATION,all packing,handling,shipping charges and ddivey to any point(s)within the Countyto a exception,shallBindemnify and syve dure of ft the County inocost Volusia,its expenses for o and secure area or inside delivery,all prices of services shall include all expenseemployees accountofGym pyMhty of any red.patented,kind inducting cost enol , for woe to provide the service at the location specified. " edy rcused int ad.proregi tion.fgosd unpatented ury lulling process,the article manufactured or used in the provision of goods and/or services,including use by County of Volusta. If the supplier/provider uses any desiign,device,or materials covered by letters. 11. ADDITIONAL TERMS&CONDmONS: The County of Volume reserves the right patent.copyright,or registration,it is mutually agreed and understood without exception to reject offers containing tams or conditions contradictory to those requested in the that the quoted price shall include all royalties or costs arising from the use of such design, invitation specifications. device,or materials in any way involved. 12. TAXES: The County of Volusse is exempt from Federal Excise Taxes and all sales 23. TRAINING: Unless otherwise specified suppliersfproviden may be required at the taxes Florida State Exemption Certificate No.85-80126223930-9. convenience of end at no expense to the County to provide training to County personnel in the operation and maintenance of any item purchased as a result of this invitation 13. DISCOUNTS: All discounts except those for prompt payment shall be considered in determining the lowest net cost far evaluation purposes. 24. ACCEPTANCE: Products purchased as a result of this invitation may be tested for compliance with specifications Items delivered not co/donning to specifications may be 14. MEETS SPECIFICATIONS: The offeror represents that all offers to this invitation rejected and returned at Bidder's expense. Those items and items not delivered by the shall meet or exceed the minimum requirements specified. delivery date specified in accepted offer and/or purchase order may be purchased on the open market Any increase in cost may be charged agamir the Bidder 15. BRAND NAME OR EQUAL: If items requested by this invitation have been identified in the specifications by a Brand Name "OR EQUAL" description, such 25. SAFETY WARRANTY: Any awarded supplier/provider including deadens,distributors, identification is intended to be descriptive end not restrictive and is to Indicate the and/or manufacturers shall be responsible for having complied with all Federal,State,and quality and characteristics of products that will be acceptable Offers proposing"equal" loce4standards,regulations,end laws concerning the product or service specified,and the products will be considered for award if such products are clearly identified in the offer use thereof applicable and effective on the date of manufacture or use or daze in service and are determined by the County to meet fully the salient characteristic requirements including safety and environmental standards as apply to both private industry and listed in the specifications governmental agencies. Unless the offeror clearly indicates in his/her offer that he/she is proposing an"equal" 26. WARRANTY: The offeror agrees that,unless otherwise specified,the product and/or product. the offer shall be considered as offering the same brand nice product service furnished as a result of this invitation and award thereto shall be covered by the referenced in the specifications- most favorable coimerciah waitrons,the offeror gives to any'customer for comparable quantities of such products and/or services and that the right end remedies provided herein If the offeror proposes to furnish an"equal"product,the brand name of the product to be are in addition to and do not limit any rights afforded to the County of Volusia by any other furnished shall be clearly identified The evaluation of offers and the determination as to provision of the invitation/offer. equality of the product offered shall be the responsibility of the County and will be based on information finrrushed by the offeror The Purchasing and Contracts Division is not 27. AWARD: As the best interest of the County may require,the County reserves the right to responsible for locating or securing any information which is not identified in the make award(s)by individual hem,group of items,all or none,or a combination i ereofi on response and reasonably available to the Purchasing and Contacts Division To insure a geographical basis and/or on a countywide basis with one or more supplier(o) or that sufficient information as available the offeror shall furnish as pan of the response all provider(s),to reject any and all offers or waive any irregularity or technicality in offers deserpuve material necessary for the Purchasing end Contacts Division to determine received. Offerors are cautioned to make no assumptions malas their offer has been whether the product offered meets the salient chaactarsnes required by the evaluated as being responsive Any or all award(s)made as a result of this invitation shall specifications and establish exactly what the offeror proposes to furnish and what the conform to applicable ordinances of the County of Volusia,Florida. County would be binding itself to purchase by making an award 28. VIOLATIONS: Any violation of any of the stipulations,terms.and/or conditions listed 16. SAMPLES: When required,samples of products shall be furnished with response ro the and/or included herein may result in the ollemr/sidder being removed from the County Bad County at no charge Samples may be tested and will not be returned to the offeror The list and the offeror/Bidder being disqualified from result of any and all resting shall be made evadable upon written request. period of time to be determined on a case-by-case bass ing business with the County for a 17. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications or 29. For purposes of this Invitation and evaluation of responses hereto the following shall apply; any supplemental specifications as to details or the omission from same of any detailed unit prem shall prevail over extended prices;written matter shall prevail over typed matter, description concerning any point, shall be regarded as meaning that only the best numbers spelled in word form shall prevail over Arabic numerals("one"over"1") When commercial practices are to prevail and that only materials of fust quality and correct not inconsistent with context words used in the present tense include the future,worth in the type,sus.and design are to be used. All worhmnanshrp shall be first quality. All plural number include the singular number,and words in the singular aumber include the interpretations of specifications shall be made upon the basis of this statement plural number The word"shall"is always mandatory and not merely directory 18. GOVERNING LAWS: Any Agreement to purchase resulting from this invitation shall 30. DEFINITIONS: be governed by the laws.regulations,and ordinances of the State of Florida and the COUNTY—The term County of Volusia,Florida. Venue shall be non-jury in the Circuit Cort of Volusia —Gamy"�1O refers to the County Volusia.Florida,end Its County,Florida anthrnind ova and aryprisdietion within Volusia County OFFEROR— The term 'offeror" used herein refers to any dealer, manufct rer, 19. ASSIGNMENT: Any agreement to purchase issued payment to this imnetion and representative,distributor,or business oigamation submitting an offer to the County in avid thereof end the monies which may become due hereunder are not assignable response to this invitation, except with the prior written approval of the County Director of Purchasing and Contracts. BIDDER — The term "Bidder" used heron refers to any dealer, manufacturer. representative,distributor,or business organization that will be or has been awarded a 20. CONTENT OF INViTATION/RESPONSEn The contents of this invitation,all terms, contract and/or purchase order pursuant to the terms and conditions et the imitation and conditions, specifications, and requwemenss included herein and the accepted and accepted offer awarded response thereto may be incorporated into an agreement to purchase and become legally binding. Any tents,conditions, specifications,and/or requirements USING AGENCY—The term'using agency"used herein refers to any department, specific to the item or service requested herein shall supersede the requirements of the division,agency,commission,bond,committee,authority.or another unit in the County "GENERAL CONDITIONS AND INSTRUCTIONS." government using supplies or procuring cohmacesl services as provided for in the Purchasing Ordinance of the County of Volume,Florida. 21. LIABILITY: The s pplter/provider shall hold and save the County of Volusia,its officers,agents.and employees harmless against claims by third panics resulting from HEAVY DUTY- The item(s)to which the term"Heavy Duty"is applied shall exceed breach of contract or negligence by the suppher/prwader. the usual quality and/or capacity supplied with standard production equipment and shall be able to withstand unusual strain,exposure,to mire,wear and use. THE COUNTY OF VOLUSIA RESERVES THE RIGHT TO REJECT ANY OR ALL OFFERS, TO WAIVE INFORMALITIES,AND TO ACCEPT ALL OR ANY PART OF ANY OFFER AS MAY BE DEEMED TO BE IN THE BEST INTEREST OF THE COUNTY TABLE OF CONTENTS 1.0 SCOPE OF WORK 5 1.1 Locations 5 1.2 Assortment 5 1.3 Condition of equipment 5 1.4 Delivery 5 1.5 Rental period as follows 5 1.6 Fuel 6 1.7 Operators 6 1.8 New models, upgrades 6 1.9 Pricing 6 2.0 GENERAL TERMS & CONDITIONS 6 2.1 Bid Closing Date 6 2.2 Proposed Schedule 6 2.3 Delivery of Bids 7 2.4 Pre-bid Conference 7 2.5 Public Bid Opening 7 2.6 Public Records 8 2.7 Bid Submittal Form 9 2.8 Questions, Exceptions, and Addenda Concerning ITB#14-B-102VO 10 2.9 Award 10 2.10 Local Bid Preference 11 2.11 Definition of Responsive and Responsible for this Bid 11 2.12 Other Agencies 12 2.13 F.O.B. Point 12 2.14 Use of County Logo 12 2.15 Assignment 12 2.16 Agreement 13 2.17 Disclosure of Bid Content 13 2.18 Disqualification of Bidders 14 2.19 Bidder's Responsibility 14 2.20 Payment Terms 14 2.21 Special Conditions 15 2.22 Minor Irregularities 15 2.23 Licenses,Certificates,and Permits 15 2.24 Insurance 15 2.25 Safety 20 2.26 Governing Law and Venue 20 2.27 Additional Terms 21 2.28 Award Term 21 2.29 Price Redeterminations 21 2.30 Unusual Costs 23 2.31 Waiver of Claims 23 2.32 Termination 23 2.33 Incurred Expenses 25 2.34 Minimum Specifications 25 2.35 Compliance with Laws and Regulations 25 2.36 Limitation of Liability and Indemnification of County 26 2.37 Records&Right to Audit 27 2.38 Change in Scope of Work/Service 27 2.39 Modifications Due to Public Welfare or Change in Law .28 2.40 Right to Require Performance 28 2.41 Force Majeure 29 2.42 Bidder's Personnel 29 2.43 Claim Notice 30 2.44 Disadvantaged Business Enterprise Program 30 2.45 County/Bidder Relationship 31 2.46 Damages to Rental Equipment 31 2.47 Damages 32 2.48 Liquidated Damages 32 2.49 Conflict of Interest Form 32 2.50 Definitions 32 3.0 SUBMITTAL REQUIREMENTS (Submit in the following order) 34 4.0 BID SUBMITTAL FORM 36 5.0 REFERENCES 38 6.0 CONFLICT OF INTEREST FORM 39 7.0 NOTIFICATION REGARDING PUBLIC ENTITY CRIME&DISCRIMINATORY VENDOR LIST REQUIREMENTS&DISQUALIFICATION PROVISION 40 8.0 PROOF OF EXEMPTION 41 9.0 HOLD HARMLESS AGREEMENT 42 10.0 CERTIFICATION AFFIDAVIT BY PRIME CONTRACTOR AS LOCAL BUSINESS 44 11.0 CERTIFICATION AFFIDAVIT BY SUB CONTRACTOR AS LOCAL BUSINESS 45 12.0 DRUG-FREE WORK PLACE 46 13.0 CERTIFICATION REGARDING DEBARMENT(PRIME) 47 14.0 CERTIFICATION REGARDING DEBARMENT(SUB) 48 7- ,2014 4.0 BID SUBMITTAL FORM TO: County of Volusia,Florida • Office of Director of Purchasing and Contracts 123 W. Indiana Avenue,Room 302 DeLand,FL 32720-4608 .�pp _� The undersigned hereby declare(s) that [firm name] ++ C,1v�j `U ( K.. 4 has carefully examined the specifications to furnish Rental Equipment, for which Bid Submittals were advertised to be received no later than 3:00 p.m., EST,on Wednesday,August 13,2014,and further declares that the firm will furnish the Rental Equipment according to specifications. Complete pricing on Attachment A The County reserves the right to negotiate with the awarded vendor for additional services similar in.nature not known at the time of Bid closing. Sole Proprietor U Yes 11( No Total number employees 2,10 0 F.O.B.Destination,freight allowed The following information is required in order to be granted a price redetermination. Assuming that the prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, insurances and other employee benefits, materials, overhead, operating expenses, etc., what percentage of the rate is directly attributed to the cost of fuel? iU/A- . Which does the firm use: ❑ Diesel fuel or ❑ Gasoline? Assuming that the prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, materials, overhead, operating expenses, etc., what percentage of the rate is directly attributed to the cost of wages? Assuming that the prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, insurances and other employee benefits, materials, overhead, operating expenses, etc., what percentage of the rate is directly attributed to the cost of materials? Prompt payment discount, if applicable: %, Days;Net 45 Days Do you accept electronic funds transfer(EFT)? kiKYES Cl NO Do you offer a discount for electronic funds transfer(EFT)? Cl YES, % ea'1V0 Havteesy,ou supplied all the Submittal Requirements outlined below? vitation to Bid cover pages. (Includes two pages) t Florida Department of State,Division of Corporations' Sunbiz Report for your firm cd'Completed and executed Bid Submittal form P:IVLAD\BIDS12014 Bids\14-B-102V0 Rental Equipment\14-B-102V0 Rental Equipment.doc Page 36 of 48 2 References, in accordance with Section 2.11,Definition of Responsive and Responsible 0 If you have a physical location in Flagler, Lake, Orange, Osceola, Seminole or Volusia County,submit one of these: 0 Current Business Tax Receipt, OR " Proof of Exemption Form 'Proof of Insurance,per Section 2.24 tr.Hold Harmless Agreement and/or Notice of Election to be Exempt, if required `1��Conflict of Interest form 1a Any addenda pertaining to this ITB la"Taxpayer Identification Number and Certification Form Certification Affidavit confirming Local Preference Eligibility, if applicable Licenses,per Section 2.23 '�id you include a CD or USB drive,as required in the Section 2.7, Bid Submittal Form? L Attachment A The County of Volusia reserves the right to reject any or all proposals, to waive informalities, and to accept all or any part of any proposal as may be deemed to be in the best interest of the County. I hereby certify that I have read and understand the requirements of this Invitation to Bid No. 14-B-102VO, "Rental Equipment", and that I, as the Bidder, will comply with all requirements, and that I am duly authorized to execute this proposal/offer document and any Agreement(s)and/or other transactions required by award of this ITB. Further, as attested to by below signature, I will provide the required insurance, per §2.24, Insurance,upon notification of recommendation of award. The vendor ac w es that i ation provided in this Bid is true and correct: x Autho L)t€ 1* Printed Name ti 4 6-0 INCA 4-4P-Cei Title Date CM,\Tet - (?tee 4-4 Company Name Full Address 2'7 Lig---k...--4- 1. )-)1).1--- n J 1s €W4015 ) PA -7)-3 7 b / -S'71 -21 LL '760 - ESQ-3c/63 Q0;.-+.Us-rJ f 61Jet..,e re,. •« Telephone Fax E-mail Address 1 /3 03`(70 (lb -VS-1/ologav Dunn&Bradstreet* Federal 1.1:1 d P:IVLAD\BIDS\2014 Bids\14-B-102V0 Rental Equipment\14-B-102V0 Rental Equipment.doc Page 37 of 48 14-B-102V0 1' • Volusia County . FLORIDA FINANCIAL AND ADMINISTRATIVE SERVICES Purchasing and Contracts • 123 West Indiana Avenue•Room 302•DeLand,FL 32720-4608 • (386)736-5935•Fax(386)736-5972 e-mall:purchasing@voiusia.org www.volusia.org August 5, 2014 ADDENDUM NO. 1 to Invitation To Bid 14B-102V0 Rental Equipment This addendum is being issued to make changes to the Invitation to Bid (ITB). This document and all changes, as listed below, shall become an integral part of the bid and shall take precedence over what was previously stated in the bid document. Modification: 2.1 Local Bid Preference Effective January 1, 2012, Volusia County adopted a local Bid preference. A Bidder or prime contractor which has a permanent location at least six (6)months prior to the Bid closing, as proven by a business tax receipt, as stated in Volusia County Ordinance 2- 269.5 in Lake,Orange, Osceola, Seminole or Volusia County("Local"), shall be granted a preference of three percent(3%) of the total Bid price or quote. A Bidder which is a prime contractor and is utilizing subcontractors,and the Bid price or quote of the work to be performed by all subcontractors, that qualify as a local business, constitutes filly-one percent(51%) or greater of the total work to be performed through subcontracting a two percent (2%)Bid preference will apply. In the event that a prime contractor qualifies for a preference and subcontractor qualifies for a preference,the preference shall not exceed a total of five percent(5%). Preference shall not be given to Bids where the difference of the total Bid price or quote exceeds twenty-five thousand dollars ($25,000.00) from the nearest competing Bid price or quote for that solicitation or if a county listed in 2-269.5 does not reciprocate, as stated in 2-269.5, the County will not offer a preference to this County. This Section does not apply to any purchase that is funded, in whole or in part, by an entity prohibiting local preference by grant agreement or applicable federal, state,or local law. Solicitations for emergency purchases subject to Section 2-275 of the Code are additionally exempt. All Bidders, including prime and subcontractors, awarded an Agreement as a part of this process must maintain its status as a local business through the term of the Agreement. Any Bidder,including prime and subcontractors,awarded an Agreement as a result of this preference will be required to post any job openings for this project with the Center for Business Excellence (CBE). Noncompliance with the requirements of this Section will be deemed as a material breach and may be subject to Agreement termination or disqualification from bidding on future projects. Page 1 of 3 14-B-102V0 This Bid is not fimded by monies that prohibit this provision and local preference does apply. Clarification: Question: Ring Power employs a risk management and insurance program that is substantially self-insured on primary layers of liability up to the first$3,000,000 of each claim. Enclosed is our certificate of insurance reflecting the details of the program. Will this meet your requirements for section 2.24-2.25? Answer:This is acceptable to the County. Question: 2.24 continued;Section B.1.c Insurance requirements We would ble to delete the verbiage"and it subcontractors"as it relates to the waiver of Subrogation. Answer: The County will not alter. • Question:2.37 Records and Right to audit-Ring Power would like to delete or take exception to this. Answer:The County will not alter. Question:2.46 Damages to rental equipment-Ring Power will take an exception to this entire requirement.Our experience is that its very difficult for an underwriter to arrive at a insurance premium when we cannot give them the size,value,risk assessment or number of possible rental that make take place in a period of time. Typically we find that Counties have negotiated blanket rental certificates with their particular undervvriters that can be adjusted to their immediate needs(for example 1 loader backhoe for l week) Answer:The County will not alter. Question:2.47 Damages-Ring power will take exception to this entire section. Answer:Section 2.47 shall be modified. 2.47 Damages Due to the nature of the services to be provided and the potential impact to the County for loss, the Contractor cannot disclaim consequential or special damages related to the performance of this Agreement. The Contractor shall be responsible and accountable for any and all damages, directly or indirectly, caused by the actions or inaction of its employees,stag or Subcontractors. Question: 2.48 Liquidated damages-Ring power will take exception to this entire section Page 2 of 3 14$-102V0 Answer:Section 2.48 shall be modified. 2.48 Time of Essence Time is of the essence for this project. Any delays from the dates contained in the contract issued to the Contractor shall inconvenience the Public and result in monetary losses and damages to the County. Failure to deliver rental equipment during the requested time shall result in the contractor covering any costs arising from having to order similar equipment from outside the contract. This is for normal operations only. Question: How many hours will the equipment be operated per day? Answer: Section 1.5 details daily, weekly and monthly operating hours. Please sign and attach this addendum to your bid submittal. If you have any questions regarding this information,please contact Vlad Opreanu at 386-626-6624 ora e-mail vopreanu©volusia.org. Qa (A140 m W sky, CPPB Procurement Manager Please sign and return entire Alden m 1 with proposal. Vendor. 6/tx.1,-c v,e ee Authorized Signature: "6:9i, Printed Name&title of Above: (//��2I 1 1 e"(Ar '''''� S1 Phone No.: 619-S 7l-?a LZ Date: 1EL-1 t-141 FAILURE TO RETURN ENTIRE FORM WITH THE BID SUBMITTAL MAY CAUSE THE PROPOSAL TO BE RENDERED NON-RESPONSIVE Page 3 of 3 14B-102V0 111 �, J1 Volusia County FLORIDA FINANCIAL AND ADMINISTRATIVE SERVICES Purchasing and Contracts 123 West Indiana Avenue•Room 302-DeLand, FL 32720-4608 (386)736-5935•Fax(386)736-5972 e-mail:purchasing@volusia.org www.volusia.org August 7, 2014 ADDENDUM NO. 2 to Invitation To Bid 14-13-102V0 Rental Equipment This addendum is being issued to make changes to the Invitation to Bid (ITB). This document and all changes, as listed below, shall become an integral part of the bid and shall take precedence over what was previously stated in the bid document. Modification: All proposals shall be received by 3:00 p.m.Thursday August 14,2014. 2.46 Damages to Rental Equipment Rental Bidders agree to purchase such insurance, as they consider necessary to protect their equipment from damage or destruction during the term of this Agreement for rental of equipment Rental Bidders also agree that the County shall have no obligation for payment of damages of any nature to equipment provided with or without an operator unless clear and convincing evidence demonstrates that gross negligence of either the County or its employees acting within the scope of their employment was the direct cause of such damage or destruction. County of Volusia is self insured and can provide documentation attesting to same upon request. Rental Bidders further understand and agree that no employee of the County other than the Director of Purchasing and Contracts is authorized to sign any rental or other agreement that contains terms and conditions other than those contained in this solicitation, and that any signature of a County employee other than the Director of Purchasing and Contracts shall be interpreted as the County's acknowledgement of delivery only. Clarification: Question:2.47 Damages-Ring Power will take exception to this entire section. Answer:Without waiving any rights under common or statutory law section 2.47 shall be removed. Question: Our company provides reduced rates for equip that is run for longer than 8 hours per day. How do you want us to provide this discounted rate on Attachment A? Page 1 of 2 14-B-102VO Answer: Vendors are requested to provide single shift rates on Attachment A with hour requirements listed in section 1.5 for evaluation purposes. Double and triple shift rates can be submitted on a separate sheet with the Bid Submittal Form for review. Please sign and attach this addendum to your bid submittal. If you have any questions regarding this information,please contact Vlad Opreanu at 386-.626-6624 or e-mail vopreanu{ir),volusia.org. a Hairy, Procurement Manager • Please sian and returnJJentire Addendum 2 with proposal. Vendor: ( 1 Je t. c2 (16,4 .- Authorized Signature: p� Printed Name&title of Above: &.A#$ 6-1-4 ^�A c( 62J. S1I Phone No.: 6 15-671- 21 LZ Date: 3"-1 ) -) FAILURE TO RETURN ENTIRE FORM WITH THE BID SUBMITTAL MAY CAUSE THE PROPOSAL TO BE RENDERED NON-RESPONSIVE. • Page 2 of 2 EXHIBIT B Oil 14s-102v0 VDlusia County Rental Equipment FLORIDA Attachment A Discount Percentage off regular rental rate A.Crewler tractors w/Dozer 15%+815 Delivery 8 150 Pick up B.Wheel Loaders w/general Purpose bucket&quick connect root rake. 15%+815 Delivery&150 Pick up C MoterGraders 5%+515 Delivery&150 Pick up D.Scrapers,Elevating or Self loading NA E.Hydraulic Excavators,Miss 15%+$15 Delivery&150 Pick up F.Hydraulic Excavators:All purpose track mounted 15%+$15 Delivery 8150 Pick up G.Loader Beckhoes 15%+815 Delivery 8 150 Pick up H.Hydraulic Excavators:Track Mounted,Long Reach 15%+$15 Delivery&150 Pick up I.Loaders,Track Type and SkidSteer wigenera purpose bucket. 15%+515 Delivery&150 Pick up J.Hydraulic Boom Cranes-Truck Mounted NA K.Hydraulic Boom Cranes-Rough Terrain NA L Sol/Stab/liras 15%+515 Delivery 8150 Pick up M.Bucket Trucks NA H.Fork Lifts 15%+$15 Delivery&150 Pick up 0.Hydraulic platforms 4-wheel self propelled,2 person. 15%+815 Delivery 8 150 Pick up P.Water Wagons 15%+815 Delivery&150 Pick up Q.Compactors 20%+$15 Delivery&150 Pickup R.Portetble signs&altered(solar or generator powered). NA S.Changeable message trucks NA T.Dump Trucks:Note.On Roadtrucka will include load covers. NA U.Portable Heaters 15%+$15 Delivery&150 Pick up V.Saws 15%+815 Delivery&150 Pickup W.Trash pumps-Complete with a minimum of 20•suction and 50'dlschage hose 15%+$15 Delivery&150 Pick up X.Hydraulic pump complete wlthpower unit,head and a minimum of 20'hose and NA Y.Wacker,DPU 504511 reversible vibratory plates,diesel engine,electric stag 15%+$15 Delivery&150 Pick up Z Portable Generators 15%+$15 Delivery&160 Pick up AA Misc items 15%+$15 Delivery&150 Pick up A Crawler tractors w/Dozer 4 CAT 0-ON I CR lbw ground pressure) 0 CAT D-ST B.'Nhoel Loaders w/general Purpose bucket ti quick connect rook rave. 7 CAT 988-H 160 5998.00 32,38800 54,47500 C.MotorGradars 1 CAT 12-U - D.Scrapers,Elevating or Sell loading 3 CAT 623-G E.Hvdr aulrc E_kc:vators,Misc. 1.Caaibkq Nes Kaiser IAarkd•Mlrtli 2.Gradat Model 5100(lubber) F.Hydraulic Excavators:All purpose track mounted 1 CAT 307-0 wino ECRU 3822.00 51,808.00 53.778.00 3 CAT 320.0 Volvo EC220 51,170.00 52,85200 58,752.00 C.Loader Backhoes 3 CAT 430-E 4x4 wino SLIM 559000 31,17000 51,Y24 00 l i.Hydraulic Crcava nor a.Track Mounted,Long Reach 2.CAT 330CLLOW REACH 0 7 CAT 297C • •MCT 135 5705.E 31.75000 52,735.0 J.Hydraulic Boon,Crams-Truek Aiounkcd 9.30 Ton Capdty K.Hydraulic Boom Cranc..-Rough Terrain 2 20 Ton Capacity L.Soil Stabilizer's 1 Rex PuMlsMeter REX NDS 81,982.00 54,940.00 59,000.00 Ill Bucker Trucks 2.50 ft Height N.Fork Lifts 4 60000.21'MIgM outdoor.dieseVgas JCB 8308 5526 CO 599000 52.15600 JCB 9908 5528.00 5990 CO 8215600 O.Hydraulic platforms 4-wheel sell propelled,2 person. 1 Sasser type wl32'Cit Indoor electric 5503.00 5822.00 $1.338.00 5 60 sraadatlrq mantl t outdoor GENIE S60/JLG 60S 5764,00 51.344 00 12,504 00 P. Wafer jons _ i'V 1 ONOff truck with 4000 BaL capadty O.Corn clot's 3 irgeroal Rand 60750 vibratory atrype strum 7.CAT 828N Landlp Compactor - P..Portable signs trailered(solar or genet:110r powered). 1 Arrow Board -S.Changeable message bucks Flatbed/ Truck 18 body 33.0001 _- I diesel T.Dump Trucks:Note-On Roadtrucks will include load covers. 3 CAT 725 off road articulated 25 ton -d U.Portable Healers 1 50,000 BTU -- V.Saws 4 Stanleyep s-9 5 HAI Conaem saw wilful D59 S Trash pumps•Complete wilt;a minimum of 20'suction and 50'discharge hoses. -- 4 6'atte X.Hydraulic pump complete t ithpower unix.head and a nrurinrunr of 20'hose and 50'discharge. 3 r site -- Y.l4'acker,DPU 504511 reversible vibratory plates.diesel engine,elechic start. 4 14.000$mttriCcel force WACKF-R DPU 5045N 5474.00 5822.00 81.39000 7 Light Tama 4-lipfd 4000 wa4 hyd.Te escopIng amide ligM,70800 5427.00 5708 00 51,112.00 Portable Genera/Jia: 11.60 KW portable generator Diesel Powered 557800 81.181.00 1.858.00 13.125 KW portable generator Diesel Powered - lt'iisr,iterms 1 9000 pal Not water presses washer -- 1.Labor Ratdfee It Operator is required NA 2.Percent discoed 0 equipment is pldted up by depailment Deduct$150 for dal 6 3150 for pickup 9 Primary Manufacturer of Bidder Most major brands 4.Tixnarcond time on rental equipment i DAY 8 Total nurture of rates bid 39 7.Total ser ab rates bid 372,015.00