Loading...
#13-6167R (Power Pro-tech Services, Inc.) AGREEMENT 13-6167R for Generator Maintenance, Repair and Installation THIS AGREEMENT is made and entered into this `! -41 day of S(,� 1f M/2014, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Power Pro-Tech Services, Inc., authorized to do business in the State of Florida, whose business address is 377 Maitland Avenue, Suite 1010, Altamonte Springs, Florida 32701 (hereinafter referred to as the "Contractor"). WITNESSETH: 1 . COMMENCEMENT. The Contractor shall commence the work upon issuance of a Purchase Order. The contract shall be for a one (1) year period, commencing on Board award, and terminating one (1) year from that date or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three (3) additional, one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Contractor shall provide Generator Maintenance, Repair & Installation Services for the Public Utilities Department as well as other County Departments in accordance with the terms and conditions of RFP #13-6167R and Exhibit A, Scope of Work, hereby attached and incorporated by reference. The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Contractor related to all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Although the primary user of this Contract is the Public Utilities Department, any County Department may use this contract provided sufficient funds are included in its budget. Services may be ordered on an as-needed basis by the departments provided that there has been a Purchase Order established for the work. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Ordinance and Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM: The County shall pay the Contractor for the performance of this Work pursuant to the prices offered by the Contractor in his response to RFP # 13-6167R per Exhibit B, Price Schedule, attached herein and incorporated by reference. Pricing for any services not listed in Exhibit B may be requested via quote. Any County Agency may utilize the services Page -1- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP Fi SOP r f TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT1 l p 204 / t4v f ...R_.. a '� � ... ����' i Routed by Purchasing Department to Office Initials Date the Following Addressee(s)(In routing order) 1. Risk Management **Not awarded yet Risk 8l but please route to CAO 2. County Attorney Office **Please County Attorney Office 'lPf retain at your office until BCC approval q fI 1 3. BCC Office Board of County Commissioners Akt/ `�\ % 44 4. Minutes and Records Clerk of Court's Office 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana De Leon for Brenda Brilhart Phone Number 252-8375 Purchasing Staff August 7,2014 Contact and Date Agenda Date Item was , Agenda Item Number Approved by the BCC Sep 7-, 4, c; 0( /�' . C, s' Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 13-6167R Power Pro- number if document is NumberNendor Name Tech Services to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to b signed by the Chairman,with the exception of most letters,must be reviewed and signs by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for . ) Chairman's signature. offered under this contract, provided sufficient funds are included in the budget(s). This contract will be Purchase Order driven. 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Tom Britt, Director of Sales Power Pro-Tech Services, Inc. 377 Maitland Avenue, Suite 1010 Altamonte Springs, Florida 32701 Telephone: 770-721-7111 Facsimile: 407-628-8919 tomb(a�generator.cam All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Director, Procurement Services Phone: 239-252-8407 Fax: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay Page -2- CD for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 single limit Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page -3- cq Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (c) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (d) reasonable indication that the Work will not be completed within the Contract Time; (e) unsatisfactory prosecution of the Work by the Contractor; or (f) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is Page -4- G authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Ordinance and Purchasing Procedures. 16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 19. WARRANTY. Vendor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. 20. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 21. KEY PERSONNEL/ STAFFING: The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person Page -5- assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 25. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Department. Page CD 26. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP #13-6167R any addenda, etc, made or issued pursuant to this Agreement. 27. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 28. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 29. SALES TAX: Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 30. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is 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 Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 31. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 32. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 33. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 34. SECURITY: If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, Page -7- v� checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 35. DISPUTE RESOLUTION: Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 36. SAFETY: All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Department Safety Manager and/or Safety Engineer. 37. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP) and/or the Contractor's Proposal, the Contract Documents shall take precedence. 38. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. Page -8- IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER aUNT , FLORIDA Dwight E. Brock, Clerk of Courts By: is A . 0 % ( _ • Tom Henning, Chairman Dated Ar WISE* —Attest as `airman's signature only. Power Pro-Tech Services, Inc. Contractor am, � �tn�r1 (1 By: / First Witness /r ig-ature Ka�nef, . 6y,:ze__ Robe. , ':��n� Type/P nt WitnesslName Typed Signature !,��� ere 5 d ✓ C C v Second Witness Title Type/Print Witness Name Approved as to f• 4 and legality: ■1A_ _ .,� �► �.■ Assistant County Attorney Page -9- • EXHIBIT A Scope of Work 13-6167R Generator Maintenance, Repair & Installation This Agreement covers services related to generator maintenance, repair and installation for all County Departments and agencies. At a minimum, the Contractor shall meet the following requirements: Technician Qualifications Repair or installation of the power unit and generator shall be performed by fully trained generator technicians. These technicians shall have at least five (5) years experience in service repair and installation of generators and related equipment at other facilities with emergency application similar to that of Collier County's (i.e., hospitals, water pumping station, lift station, plants etc). In the event of new personnel being hired during the course of the contract, the Contractor will be required to submit the resumes and references of the new employee for County approval before performing any work under the scope of this Agreement. General Requirements The Contractor shall be required to supply all necessary tools, equipment, labor and parts as necessary to complete repair and/or installation. The Contractor will be responsible for supplying rental generators and hookup for all generators they cannot have operating within twenty four (24) hours. Documentation of this cost will be required and approved by the County Representative. Emergencies and Standard Service The Contractor must supply the County with phone numbers for emergency and routine call-out service. In the case of emergency call-out, the Contractor shall be on-site to provide service within three (3) hours of call-out, and be available to respond twenty-four (24) hours a day, three hundred sixty-five (365) days a year. An emergency condition shall be considered to exist when any failed system hardware and/or software prevents, or threatens to prevent, the operation of the generator or switch gear from fulfilling its intended purpose. The Contractor shall employ an adequate staff of approved technicians to provide this emergency service taking into account vacation and other leaves. Non-emergency service shall be provided within three (3) working days of request. ANNUAL PREVENTIVE MAINTENANCE PROGRAM: Power Units/Generators and Associated Equipment: Visual maintenance inspections shall be performed twice per year with a complete preventive maintenance service included with one (1) inspection. Contractor will provide a list of all sites to be inspected with proposed schedule of service. The schedule must be approved by each department or site designee. Service will be scheduled with the applicable departments. A forty-eight (48) hour notification is required before any work is to be performed. All routine scheduled work will be done during the normal work day, 7:30 a.m. to 4:00 p.m., Monday through Friday, excluding County holidays. Maintenance Inspections shall include a "Maintenance Inspection Checklist" which shall include, at a minimum, all items listed below. Page -10- �� Cooling 1. Check water hoses (leaks, condition, connections) 2. Check radiator/heat exchanger (blockage, damage, leaks) 3. Check drive belts (condition, adjust if needed) 4. Check fan (lube bearing, condition, cracks) 5. Check operation of coolant heaters (adjust) 6. Check coolant level/antifreeze protection 7. Check DCA concentration (where applicable) 8. Check water pump (leaks) 9. Comments/ Notes Fuel 1. Check for leaks (hose condition, connections) 2. Clean injectors as needed 3. Check fuel transfer pump (leaks, operation) 4. Check governor (linkage, operation, adjustment) 5. Check day tank (operation, leaks) 6. Drain water separator (sediments) 7. Comments/ Notes Intake Exhaust 1. Visual check of piping (leaks, restrictions, conditions) 2. Check crankcase breather (clean if needed) 3. Check turbochargers (operation, leaks, clearances) 4. Inspect air cleaner (change at service) 5. Check rain cap condition 6. Comments/ Notes Lubrication 1. Check oil level (condition of hoses) 2. Check for leaks (tighten loose connections) 3. Check hydraulic governor (add oil if needed) 4. Take oil sample for evaluation (before oil change) 5. Comments/ Notes Electrical 1. Check batteries (fluid level, conditions, operation) 2. Battery voltage drop when starting 3. Check connections (clean, tighten if needed) 4. Check battery charger operation 5. Check starting ability (starter amperage draw) 6. Visual check of engine wiring (shorts, breaks) 7. Comments/ Notes 8. Test all safeties a. over speed e. over crank b. Low oil pressure f. high water temperature c. Low water temperature g. low water level d. Low fuel level h. emergency electronic overflow systems I. others Page -11- < General Condition 1. Engine room (ventilation, cleanliness) 2. Control positions (auto, off, breakers) 3. Check mounts 4. Check hour meter operation 5. Customer problems or questions 6. Check and date generator log 7. Service decal in place 8. Comments/ Notes Generator 1. Check generator voltage 2. Check frequency (no load) 3. Check wiring (controls, breaker, regulator) 4. Visual check of stator and rotor 5. Visual check of brushes/rectifiers, regulator 6. Comments/ Notes Transfer Switch 1. Check calibration of meters 2. Test transfer switch 3. Adjust timers to customer's needs 4. Run unit under customer load (contact department designee before testing) 5. Comments/Notes Maintenance Service Shall Include: 1. All items listed under Annual Preventive Maintenance Program 2. Engine fuel filters changed 3. Engine oil and fuel filter changed 4. DCA filters changed (where applicable) 5. All air Filters (where applicable) 6. Fuel Polishing (where applicable & approval from the using department) Page -12- EXHIBIT B Price Schedule 13-6167R Generator Maintenance, Repair & Installation Description Unit Unit Price Generator Technician-Normal Working Hours Per Hour $ 77.00 Generator Technician-Overtime Per Hour $115.00 Markup on Parts and Subcontractors (20% Max) % 20% Fuel Polishing, up to 500 Gallons Lump Sum $475.00 Fuel Polishing, over 501 — 1,000 Gallons Lump Sum $835.00 Fuel Polishing, over— 1,001 —4,000 Gallons Lump Sum $1,555.00 Fuel Polishing, over 4,001 — 8,000 Gallons Lump Sum $2,155.00 Fuel Polishing, over 8,001 — 12,000 Gallons Lump Sum $2,635.00 Fuel Polishing, over 12,001 —Gallons Lump Sum $2,995.00 Round Trip Travel Charge (Per Vehicle) Each $ 75.00 Note: These prices are not all inclusive — other services may be requested via quote. Page -13- �-.440 POWER-2 OP ID: DS AMR'°' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/08/2014 _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone:407-644-8689 CONTACT Amanda Hanke Cooper,Simms,Nelson&Mosley 271 West Canton Avenue Fax:407-644-9934 Iaco,NN,E:tI:407-644-8689 _ FAX No):407-644-9934 P.O. Box 1480 E-MAIL - Winter Park,FL 32790-1480 ADDRESS:Amanda©CooperSimms.com James R.Havron,Jr. INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Fire Insurance Co. 19682 INSURED Power Pro-Tech Services,Inc.; INSURER B:Westfield Insurance Company 24112 Generator Service Co&DBA The American Generator Co,Adv Gen INSURER C:Continental Casualty Insurance 20443 &Switch, Universal Engine INSURER D:Hartford Underwriters Ins. Co. 30104 Service,PPT Solar 377 Maitland Ave.,#1010 INSURER E:Navigators Specialty Insurance 36056 Altamonte Springs,FL 32701 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 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 BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER JMM!DD/YYYY)- (MMIDD!YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 210ESOA9122 03/08/2014 03/08/2015 DAMAGES O RENTED PREMISES(Ea occu rence) $ 300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) _ $ 10,000 PERSONAL&ADV INJURY _ $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY X PRO LOC $ JEGT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) _ $ 1,000,000 B X ANY AUTO TRA5226075 03/08/2014 03/08/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS ( ) HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE _ $ 10,000,000 C EXCESS LIAB CLAIMS-MADE 4018220051 03/08/2014 03/08/2015 AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION X VS STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER D ANY PROPRIETOR/PARTNER/EXECUTIVE 21WBAE2526 03/08/2014 03/08/2015 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT_ $ 1,000,000 E Pollution Liab H013ECP260485NC 04/15/2014 04/15/2015 Incident 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Contract 13-6167R. Collier County Board of County Commissioners is included as Additional Insured on General Liability for work performed when required in a written contract with the Insured. CERTIFICATE HOLDER CANCELLATION COLLCBC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 3327 E.Tamiami Trail Naples,FL 34112 AUTHORIZED REPRESENTATIVE g02 wevv-ern..„ le.. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD