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Backup Documents 05/13/2014 Item #16E1 (Simmonds Electrical) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 E 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO f I f'C E I VE D THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUo ' 4 2014 'lAAll�� Routed by Purchasing Department to Office Initials Date the Following Addressee(s)(In routing order) 1. Risk Management Risk (tcf 2. County Attorney Office County Attorney Office 3. BCC Office Board of County \I / S\22\I 4. Minutes and Records Clerk of Court's Office ICA 5(2311 F ((:32t 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Adam Northrup Phone Number 252-8375 Purchasing Staff May 13,2014 Contact and Date Agenda Date Item was May 13,2014 V Agenda Item Number 16.E.1� Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 13-6166 Simmonds number if document is NumberNendor Name Electrical 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 be signed by the Chairman,with the exception of most letters,must be reviewed and signed t l�,� by the Office of the County Attorney. Mme' 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. 16E1 MEMORANDUM Date: May 23, 2014 To: Diana De Leon, Contracts Technician Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #13-6166 "Electrical Contractors" Contractor: Simmonds Electrical Attached is (1) one original of the document referenced above, (Item #16E1) approved by the Board of County Commissioners on Tuesday, May 13, 2014. The second original will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment BestLinda 1 6EI From: BestLinda Sent: Wednesday, May 14, 2014 9:38 AM To: DeLeonDiana; ReavesBrenda Cc: GonzalezGreily Subject: EB Simmonds Electric Contact#13-6166 Electrical Contractors Good morning, The insurance certificate submitted with the above mentioned agreement expires on June 30, 2014. Please make sure Simmonds Electric supplies an updated certificate on or before June 30`h Thank you. Regards, birala Linda Best, MBA Manager, Risk Finance Collier County Risk Management Department 3311 Tamiami Trail East Naples, FL 34112 Direct: 239-252-8839 Mobile: 239-784-4650 1 AGREEMENT 13-6166 1 E for Electrical Contractors THIS AGREEMENT is made and entered into this 1. -KN 1.-K day of N1cti.1 , 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 Simmonds Electrical of Naples, Inc., authorized to do business in the State of Florida, whose business address is 8981 Quality Road Unit 1, Bonita Springs, FL 34135 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on Date of Board award and terminating (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 to the satisfaction of the County. This contract shall have three (3) 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. Work shall commence after issuance of a Purchase Order. 2. STATEMENT OF WORK: The Board of County Commissioners deemed three (3) firms to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete Electrical Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of ITB #13-6166 — Electrical Contractors and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. 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. 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 Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. For work estimated to be less than $50,000, the department may select one of the Contractor(s) on contract, quote out the work among all Contractor(s) on contract, or competitively solicit for new quotes. For work estimated to be greater than $50,000 and less than $500,000: the department may quote out work among the Contractor(s) on contract, or, may conduct a separate new solicitation. Page -1- 16E1 In no case may a single repair or new installation under this contract exceed $500,000. Prior to the issuance of a Purchase Order, the Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work. Further, the Contractor shall not charge the department for the cost of the quote, meetings pertaining to the quotes, or on-site visits to obtain the quotes. Quotes shall be provided to the department contact in the following timeframe: 1. Department Emergency Orders: The Contractor shall provide the quote within one (1) hour. Contractor(s) who do not provide written quotes within one (1) business hour shall be declared as having provided a "no-bid" response to the County. 2. Department Typical Order: The Contractor shall provide written quotes within three (3) business days from the County's request. Contractor (s) who do not provide written quotes within three (3) business days shall be declared as having provided a "no-bid" response to the County. 3. Department Project Work: The Contractor shall provide written quotes within ten (10) business days from the County's request. Contractor (s) who do not provide written quotes within ten (10) business days shall be declared as having provided a "no bid" response to the County. Once the County has accepted the vendor's quote and provided a purchase order or blanket purchase order, the Contractor shall commence the work within the following timeframe: 1. Department Emergency Work: within one (1) hour; unless specifically directed by the County contact. 2. Department Typical Work: within three (3) business days; unless specifically directed by the County contact. 3. Department Project Work: within ten (10) business days or at the discretion by the County contact. 3. THE CONTRACT SUM: The County shall pay the Contractor for the performance of the work pursuant to quoted price offered by the Contractor in his response to a specific Request for Quotation. All pricing on individual Request for Quotation's shall be pursuant to the hours required, material costs and unit pricing listed in Exhibit B attached herein and incorporated by reference or subsequent quotes. Any County agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). This contract will be purchase order driven. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. Page -2- �9 16E1 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: Simmonds Electrical of Naples, Inc. 8981 Quality Road Unit 1 Bonita Springs, FL 34135 Telephone: 239-643-2770; Fax: 239-643-6873 Attn: E.B. Simmonds 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 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 Page -3- c,� 16E1 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 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. D. Employer's Liability: $1,000,000 single limit per occurrence. 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. Contractor shall ensure 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 Page -4- 16E1 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, Owner 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 Owner 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. ADDITIONAL ITEMS/SERVICES: Additional services may be added to this contract in compliance with the Purchasing Ordinance and Purchasing Procedures. If an addition of a service is made, a quote must be received from the Contractor. 15. 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 written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is 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. 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, Page -5- �9 16E1 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))). 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: Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 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. 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. Page -6- cq 16E1 22. 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. 23. 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 estimate is required because of the action taken in response to an emergency, a written approval from the County Contract Manager 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 estimate Amount. 24. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County by the Facilities Management Department. 25. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Bid #13-6166 Electrical Contractors, Exhibit "A" Scope of Work, Exhibit "B" Pricing, and any Purchase Order made or issued pursuant to this Agreement. 26. 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 Page -7- cA period of time; b. Prohibition by the individual and/or firm from doing business with e'Cgt p Y 9 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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, 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. 34. 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 Page -8- cy 16E1 hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 35. 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. ******************** Remainder of page is intentionally left blank ************************* Page -9- 16E1 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, have executed this agreement on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST:, COLLIER COUNT FLORIDA Dwight 3r °4"C,1prk of Courts By: , , B ' By: Date: 'om Henning, C an Attest=.-as to C signature only; Simmonds Electrical of Naples, Inc. Contractor By: first Witness ignature 1-)Ne SImmo,,DS Con-hotter E. 5. Snnrno��s �cs� er`-1 Print Name and Title Print Name and ifitle f Second Witness wsa� (Z. bank-e1S Print Name and Title Approved as to Form and Legality: 4; i. . 42) Assistant 'i ounty ttorney Page -10- n EXHIBIT A 1 Scope of Work The Contractor shall comply with the following General Requirements and Department specific requirements, including but not limited to: A. General Requirements 1. Regular service shall be made available between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding County recognized holidays. All other hours shall be considered overtime and charged at the appropriate rate of time and one half. Work completed on County recognized holidays, Saturday and Sunday shall also be considered at the overtime rate of time and one half. 2. The Contractor may be required to do emergency repairs at times other than normal working hours. The Contractor shall be in a position to be available on a twenty-four (24) hour basis, three hundred sixty-five (365) days per year for such emergency work. 3. The Contractor shall supply the County with an emergency on-call telephone number and the same (or different telephone number) for routine repairs/new installation. 4. Employees: The Contractor shall employ at least three (3) licensed electricians with at least four (4) years proven electrical knowledge, skills and experience in the industrial and commercial field; and adequate numbers of helpers to provide additional services. 5. Licenses: The Contractor, at time of bid submittal, shall possess, and maintain throughout the term of the contract period and any renewal periods, the correct occupational licenses, all professional licenses or other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Laws, Statute, Ordinances, and rules and regulations of any kind. The Contractor shall be licensed to operate within Collier County. 6. New Work: The Contractor shall provide written "not to exceed" estimates on all projects that are not deemed to be emergencies and on-call repairs. This estimate shall include the estimated number of hours, hourly rate, number and types of employees required, estimated material cost and number of calendar days required for project completion. Contractor shall respond to requests for estimates for non-emergency work within two (2) days and provide written estimates within five (5) days. It shall be the Contractor's responsibility to ensure they have all information to prepare accurate estimates. 7. Quote Process: The Contractor agrees to provide written quotes to the department. Further, the Contractor shall not charge the department for the cost of the quote, meetings pertaining to the quotes, or on-site visits to obtain the quotes. Quotes shall be provided to the department contact in the following timeframe: a. Department Emergency Orders: The Contractor shall provide the quote within one (1) hour. Contractor(s) who do not provide written quotes within one (1) business hour shall be declared as having provided a "no-bid" response to the County. b. Department Typical Order: The Contractor shall provide written quotes within three (3) business days from the County's request. Contractor(s) who do not provide written quotes within three (3) business days shall be declared as having provided a "no-bid" response to the County. c. Department Project Work: The Contractor shall provide written quotes within ten (10) business days from the County's request. Contractor(s) who do not provide written quotes within ten (10) business days shall be declared as having provided a "no bid" response to the County. Page -11- 119 16E1 8. Acceptance of Quote by County: Once the County has accepted the Contractor's quote, the Contractor shall be notified. The Contractor shall commence the work within the following timeframe: a. Department Emergency Work: within one (1) hour; unless specifically directed by the County contact. b. Department Typical Work: within three (3) business days; unless specifically directed by the County contact. c. Department Project Work: within ten (10) business days or at the discretion by the County contact. 9. Safety: Contractor and subcontractors shall comply with all Occupational Safety and Health Administration (OSHA), National Electric Code (NEC), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. 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. 10. Traffic Control: Contractor shall provide traffic control for work along roadways and shall comply with the requirements of Collier County's Maintenance of Traffic Policy (copies are available through the Risk Management or Purchasing Departments). 11. Background Checks: Contractors and their subcontractors must have background checks if they will have physical access to any Collier County locations, facilities, documents or other information related to security and/or public safety, or at the discretion of the County, at the Contractor's expense. Contract employees with negative background check results may be denied all access to the site, may be restricted to specified geographic areas and/or at certain times of the day and must always be personally escorted by a County or Contract employee that is not subject to any such restrictions. 12. Employee Identification: The Contractor shall ensure that all employees have Collier County Government identification badges prior to the start of work, and that, those identification badges are worn at all times while performing services on County facilities. Any Contractor's staff or subcontractors observed on site without authorized identification badge will be removed immediately from the job at no expense to be billed to the county. The Contractor whose member has been removed from site will have negative comments place in the annual review and placed on file with the county in regard to this non compliance. 13. Equipment: Contractor shall own and have in good repair, or have the ability to rent all equipment necessary to perform the described services in particular and the equipment necessary to complete related tasks. In the event that heavy equipment (i.e., crane, bucket truck, etc.) is needed, the user department must be notified, in advance, for approval. The Contractor shall have occasions where they must have, or rent, bucket trucks that extend from fifteen (15) to one hundred twenty five (125) feet. Contractors must list any equipment that they do not have, or have access to, to meet the fifteen (15) to one hundred twenty five (125) feet requirement. The reimbursement of heavy equipment expense shall be at cost and will commence once it arrives at the service site. The County reserves the right to request documentation of the Contractor's cost, and to withhold payments until documentation is provided. Equipment rental costs shall commence once it arrives at the County's service site. 14. Parts: Parts purchased for on-call electrical repairs/new installations shall be reimbursed at cost plus applicable mark-up. The Contractor shall provide documentation with their invoice, of the cost for parts (i.e., invoices) for all items with the extended price of two hundred fifty dollars Page -12- cq 16E1 ($250.00) or more. Contractor must also have the ability to order and receive repair parts in a timely and effective manner. Electrical parts manufacturers that are commonly used by the County include: Seco Electronics, Action Pak/Action Instrument, Allen Bradley, SSAC Digit Set Time Delays, Square D, PS Syracuse, Diversified, Potter Brumfield, Russell Stoll, Magnetek, AGM and ACME. This is just a representative list and does not list all of the parts manufacturers within the County facilities. 15. Protection of Property: The Contractor shall make necessary repairs in such a manner that does not damage property. In the event damage occurs to property by reason of any repairs or installations performed under this Contract, the Contractor shall replace or repair the same at no cost to the County. If damage caused by the Contractor has to be repaired or replaced by the County, the cost of such work shall be deducted from the monies due the Contractor. 16. Clean-Up: The Contractors shall be responsible for removing all debris from the site and cleaning affected areas. Contractor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses, or upon request by the County's representative, shall remove such debris and materials from the property. The Contractor shall leave all affected areas as they were prior to beginning work (i.e. backfill trenches and replace sod.) 17. Warranty/Guarantee: Parts, replacement parts and fixtures shall be new and warranted for ninety (90) days. All labor for repairs shall have a ninety (90) day warranty. 18. Unsatisfactory Work: In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the County and be given seven (7) calendar days to correct the work. There will be no cost to the County for re-work or previously performed service by Contractor. 19. Contractor Rates: All rates quoted shall include the total labor cost including, but not limited to the hourly employee pay rate, insurance, Contractor's overhead, profit, employee-related taxes, and any, and all costs associated with the employee travel including cost of vehicle, mileage, fuel charges and any other surcharges. 20. Invoices: The Contractor shall produce invoices that contain the following details regarding the services performed: • Purchase order number • Location of service and any department reference number for the service, • By position: Identify position, number of work hours performed on site, labor rate and total cost, • Materials furnished: Description of each part used, Contractor's cost of part, mark-up (either as a percentage or dollar) and total cost (the County may request the Contractor's invoice from their supplier for any material used on the completion of a project), • Equipment: Description of each piece of equipment used, Contractor's cost of equipment and total cost (the County may request the Contractor's invoice from their supplier for any equipment rented on the completion of a project), • Subcontractors: Description of service provided, number of hours, hourly rate per trade, Contractor's mark-up and total cost, • If applicable, any deductions or discounts, and • Total cost to be paid by the County. B. Facilities Requirements The Facilities Department requires a variety of electrical services in more than 600 locations across the County. Page -13- C. Parks & Recreation Requirements 1 6 E The Parks and Recreation Department requires electrical services, including bulb replacement, at various ball fields, tennis courts, buildings, and community centers in the Naples, Marco Island, Immokalee, and Everglades areas. The services require may include but are not limited to the following: • Installation and removal of electrical panels for special events, • Addition and/or replacement of circuit breakers, receptacles, and switches, • Installation of scoreboards at various athletic facilities locations, • Removal of, and work on Park water features and equipment (use of cranes, lifts and bucket trucks may be required, and • Installation of sport field lights (use of a bucket truck may be required). D. Public Utilities Requirements For work at the County's Water and Wastewater Departments, on-call or new installation, the Contractor must be knowledgeable in industrial electronic repair, as a majority of this work requires working with 4160 VAC and below, including, but not limited to splicing of submersible motors, troubleshooting and rewiring high service motors, thermal overloads with the associated Variable Frequency Drives (VFDs), chemical feed pumps fed by 4-20 MA, and assorted breakers and starters made by GE and Siemens (600V-90 Amp). 1. Responses to on-call repair and emergency work will be based on the following priority system: 1. Priority 1 (Emergency) -The department will call for an emergency repair, which shall be followed up by a confirming fax to the Contractor by Public Utilities staff. The Contractor shall call the requesting Public Utilities department confirming receipt as soon as it is received. The Contractor shall be on-site and effecting repairs in one (1) hour or less. 2. Priority 2 (On-Call Repair) - The department will call for a repair, which shall be followed up by a confirming fax to the Contractor from Public Utilities staff. The Contractor shall call the requesting department confirming receipt as soon as it is received. The Contractor shall be on-site and repairs begun within three (3) hours of the initial call being placed. 3. Priority 3 (On-Call Repair) - The department will call for a repair, which shall be followed up by a confirming fax to the Contractor by the Public Utilities staff. The Contractor shall call or fax the requesting department confirming receipt of the fax within one (1) hour and on-site repairs begun within twenty four (24) hours of the initial repair call. This is for repairs that do not require immediate need. 4. Priority 4 (On-Call Repair) - The department will call the Contractor for repair, which shall be followed up by a confirming fax to the Contractor. The Contractor shall call or fax the requesting department confirming receipt of the within one (1) hour and on-site repairs begun within seven (7) calendar days of the initial repair call. This is for repairs that do not require immediate attention. Each confirming fax will be sent to the Contractor with a priority attached. If a priority is not, the Contractor is responsible for obtaining a priority so that the work can be classified properly. A sample copy of the work request is attached below. Page -14- 7o 16E1 Sample Only Public Utilities Electrical Service Request Date Issued: Request# Facility Name: Contact Person: Phone#: FAX#: Issued To (Contractor) Phone#: FAX#: Priority: Circle One - 1 2 3 4 1. Priority Definitions: Priority 1 - Emergency, Contractor response within 1 hour of work request receipt. 2. Priority 2 -Contractor repair response within 24 hours of work request receipt. 3. Priority 3 - Contractor repair response within 72 hours of work request receipt. 4. Priority 4 - Contractor repair response within 7 calendar days of work request receipt. Problem E. Transportation The Transportation Department requires a variety of electrical services in the maintain of traffic and street lights, storm water systems and other miscellaneous equipment and building areas. * * * * * Page -15- c EXHIBIT B E 1 Pricing Minimum #of Item Description Price Hours 1 Material % Markup ** 10% N/A 2 Sub-contractor% Markup** 10% N/A 3 Ditch Witch per Hour(Upon arrival at site) $30.00 N/A 4 Journeyman Electrician per Hour(straight time) $50.00 N/A 5 Apprentice Electrician per Hour(straight time) $35.00 N/A 6 Electrician's Helper per Hour(straight time) $15.00 N/A 7 General Laborer per Hour(straight time) $12.00 N/A 8 Bucket Truck Operator per Hour(straight time) $50.00 N/A 9 40 Foot Bucket Truck per Hour $40.00 2 10 60 Foot Bucket Truck per Hour $35.00 2 11 80 Foot Bucket Truck per Hour $85.00 2 12 120 Foot Bucket Truck per Hour $85.00 2 * Must be able to provide a copy of licenses (Journeyman Card) at anytime, if requested. ** No markup on rental equipment is allowed. For material, invoices must be provided for cost verification. Page -16- n 1 E 1 T DATE(MM/DD/YYYY) AR° CERTIFICATE OF LIABILITY INSURANCE 4/8/2014 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 CONTACT NAME: Pamela Parra Gulfshore Insurance, Inc. lac No.Ext1:239.430.7546 FAX No):239.213,2830 4100 Goodlette Rd N E-MAIL Naples FL 34103-3303 ADDRESS:pparra @gulfshoreinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Trust Insurance Company III INSURED SIMEL1 INSURER B:FCCI Insurance Company Simmonds Electrical of Naples, Inc. INSURER C: 8981 Quality Road Unit 1 INSURER D: Bonita Springs FL 34135-7000 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:635429376 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 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 SUER, POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY GL00138512 6/30/2013 6/30/2014 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 X RD Dedu.$500 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 —I POLICY X PEC°T LOC $ A AUTOMOBILE LIABILITY CA00213732 6/30/2013 6/30/2014 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) A X UMBRELLA LIAB X OCCUR UMB00145572 6/30/2013 6/30/2014 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED X RETENTION$10,000 $ g WORKERS COMPENSATION 001 WC13A68718 6/30/2013 6/30/2014 X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y I N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (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 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate Holder is included as Additional Insured with respects to General Liability only as required by contract including Waiver of Subrogation, ongoing and completed operations per form CGL088 0710, on a primary non-contributory basis per form CG0001 1207. Additional Insured in regards to Auto Liability only as required by contract per form CA0003FL 1208.Waiver of Subrogation in regards to Workers Compensation only as required by contract per form WC000313 0484.The Umbrella follows form. Certificate is valid for any and all work performed on behalf of Collier County. Contract 13-6166 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East Naples FL 34112 AUTHORIZED REPRESENTATIVE f ©1988-2010 ACORD CORPORATION. All rights reserved. 1 ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD