Agenda 05/13/2014 Item #16E1 5/13/2014 16.E.1 .
EXECUTIVE SUMMARY
Recommendation to award ITB 13-6166 "Electrical Contractors" to three vendors: Simmonds
Electric of Naples Inc., as primary, Hart Electric Inc., as secondary, and Technical Management
Associates as tertiary for on-call electrical services.
OBJECTIVE: To obtain "Electrical Services" including electrical repairs and new installation to meet
the needs of the various County departments.
CONSIDERATIONS: Collier County has an on-going need for electrical services to support its daily
operations.
On January 16, 2014, the Purchasing Department solicited bids to contract for a variety of electrical
services throughout the County. The selection of vendors was based on the lowest qualified bidder as
outlined in the solicitation. A total of four hundred one (401) notices were sent, thirty-five (35) packages
were downloaded, and four(4) submissions received.
To obtain maximum efficiencies,the County reserved the right to select one or more supplier(s) and use
the resultant awarded vendors in the following manner:
• May request quotes from all vendor(s) on contract, or competitively solicit for new quotes if
it is felt that the primary quote is outside a fair market price.
• Use the second vendor if the primary vendor is unable to perform the requested work for any
reason;use the tertiary vendor if the secondary vendor is unable to perform the requested
work for any reason.
After a thorough review of the bids offered, staff concluded that the following firms offered the lowest,
qualified, and responsive bids meeting the County's published specifications(in order of award):
• Simmonds Electric of Naples (Naples, Florida)
• Hart Electric Inc. (Naples,Florida)
• Technical Management Associates (Fort Myers,Florida)
On February 24th, 2014, the Purchasing Department received a formal protest from AC Electric Services.
After review of all the issues raised in the protest, and the facts pertaining to each, the Procurement
Director confirmed the proper execution of the solicitation. Pursuant to Section 23 of the Purchasing
Ordinance, the Procurement Director notified the Protestor in writing on March 5, 2014, and the time for
the Protestor to file an appeal has passed. Accordingly,the Procurement Director denied AC Electrical's
protest and directed staff to move forward with the award of ITB 13-6166 Electrical Contractors.
FISCAL IMPACT: Funds are available in each department's approved budget.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval.—CMG
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RECOMMENDATION: That the Board of County. Commissioners awards ITB 13-6166 to three
vendors: "Electrical Contractors" to Simmonds Electric of Naples Inc., as primary; Hart Electric of
Naples Inc., as secondary; and Technical Management Associates as tertiary as recommended, and
authorizes the Chairman to execute the standard agreements after County Attorney approval.
Prepared By: Dennis Linguidi, CFM,Facilities Manager, Department of Facilities Management
Attachments: 13-6166 Electrical Contractors Solicitation, 13-6166 Bid Tabulation, 13-6166 Agreement
Simmonds Electrical, 13-6166 Agreement Hart Electrical, 13-6166 Agreement Technical Management
Associates, AC Electric's email bid protest,Protest Response
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5/13/2014 16.E.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.1.
Item Summary: Recommendation to award ITB 13-6166 "Electrical Contractors"to three
vendors: Simmonds Electric of Naples Inc., as primary, Hart Electric Inc., as secondary, and
Technical Management Associates as tertiary for on-call electrical services.
Meeting Date: 5/13/2014
Prepared By
Name: LinguidiDennis
Title: Manager-Facilities,Facilities Management
4/3/2014 1:28:49 PM
Submitted by
Title: Manager-Facilities,Facilities Management
Name: LinguidiDennis _.
4/3/2014 1:28:50 PM
Approved By
Name: CampSkip
Title: Director-Facilities Management, Facilities Management
Date: 4/4/2014 12:55:36 PM
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Division
Date: 4/7/2014 10:50:49 AM
Name: JohnsonScott
Title: Procurement Specialist, Purchasing&General Services
Date: 4/9/2014 9:58:37 AM
Name: JohnsonScott
Title: Procurement Specialist,Purchasing&General Services
Date: 4/9/2014 9:58:47 AM
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Name:NorthrupAdam
Title: Procurement Specialist,Purchasing&General Services
Date: 4/10/2014 11:48:53 AM
Name: WardKelsey
Title:Manager-Procurement, Purchasing&General Services
Date: 4/11/2014 10:11:48 AM
Name: GreeneColleen
Title: Assistant County Attorney,CAO General Services
Date: 4/14/2014 3:13:32 PM
Name: PriceLen
Title: Administrator-Administrative Services, Administrative Services Division
Date: 4/28/2014 4:04:03 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 4/30/2014 9:22:37 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/30/2014 10:18:12 AM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Manag
Date: 5/2/2014 11:30:56 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 5/5/2014 11:48:39 AM
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From: Anthony Carlone
To: NorthruoAdam;Lorraine Carlone
Cc: CamaSkin; LinauidiDennis; Moniaue Carlone;Joe Olivera; Frontdesk;StarkMichael; VDowns; Nesbitt Claude;
J-lolmesDavid;JHeurerWilliam; SummersDan;AhmadVickv
Subject: RE: URGENT-FW:09-5325 ACElectric Extension-NEW BID 13-6166
Date: Monday,February 24,2014 6:07:11 PM
Adam,
I am writing a written protest due to time frame allowed to bid as I am allowed this before the
county commissions approve on the 28 th of this week and I am asking for a protest.
I have worked for the county for 4 years without one Problem and all praise from everyone and yes
due to my father passing with in the last few weeks it's been crazy but this is wrong to put a bid out
for two weeks and without notice is in correct .Those emails you have had not been used for two
years in some case three.
And as for this bid the time frame allowed the bid solicitation went out on the January 16 and the
bid was due back on the 31st of January that's approx. 10 county working days not to mention
Martin Luther king day makes 9 and it was not publicly open the last time the contract went out it
was 09 there was 30 days for the opportunity to bid the project not 9 days and it was not publicly
opened but electronically which would lead me to believe why was it not publicly opened and your
extension to me on December 26 2013 had me send in this form and sign like every year as my
contract would expire on January 10 of 2014 that's approx. 6 days BEFOUR you put this out to bid
why not say this when you sent me the extension seems not right to me and more so my contract
extension is miss leading it indicates and I quote.
Above contract 09-5325 will expire January 10 2014
In order to maintain the required service levels in the interim we request of your contract and
provided by collier county purchasing policy until July 10 2014 OR UNTIL the NEW contract is
awarded and fully executed whichever is sooner.The previous contract will be terminated on
issuance of the new contract .Am I missing something seems like your sending me a new contract
after before the old one expires ??not until we put it out to bid in 2 weeks
If I knew at the time you sent this email to me with no issues on December 26 2013 versus the email
you listed below even my email today Brenda said was incorrect it had an extra comma which
means it would have had to come back leads me to believe there was a computer input error. I no
Lynn is no longer with us and I could set the issue with emails but why did I get the extension and
all the paper work in past three weeks from JoAnna and Brenda who was cc in this email without a
hitch yet I got none this time .
I see last year when you sent me the extension it was in October before the new year leads me to
believe there was a miss .
I read who bid the job only 4 companies out of 34 downloads and over 400 solicitations
Gulf states (Union company Ft Myers company not local 1 to 4 employees not 24/7 and when I
came around the county had a bad experience with
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Harts Electrical (1 to 4 employees ?? not 24/7
TMA New guy from Pennsylvania out of Ft Myers 1 to 4 employees and not 24/7 And Union.
EB Simmons (No issues
I can say but I am protesting this bid due to time frames allowed to bid please take this as I am
protesting the bid and request time to dispute and talk thank you
From: NorthrupAdam [mailto:AdamNorthrup @colliergov.net]
Sent: Monday, February 24, 2014 4:02 PM
To: Lorraine Carlone
Cc: CampSkip; LinguidiDennis;Anthony Carlone; Monique Carlone;Joe Olivera; Frontdesk
Subject: RE: URGENT-FW: 09-5325 ACElectric Extension-NEW BID 13-6166
Anthony'and Lorraine
I'm sorry for your loss and the difficulties your company has been having that last few months, it is
very unfortunate.
As is standard with public procurement, we post all of our solicitations on our public forum at
www.colliergov.net/bid. When a bid is posted, notifications are sent out to all subscribers in the
particular commodity assigned, as Brenda explained on the phone earlier. The email addresses that
notices were sent to are as follows:
wbt57(Ehotmail.com
billC�acelectric.net
lish(Dacelectric.net
AnthonvPacelectric.net
After a priced based solicitation (ITB) closes, my only powers are to verify compliance with the
specifications, tabulate the results and deliver them to the department for award. As a
procurement agent I do not have the power to choose vendors to be awarded or add someone to an
award that has not submitted. Frankly, if I performed any such actions, I would be breaking state
law.
I apologize that I cannot do anything for you, but it is beyond my legal authority to do so.
Adam Northrup
Collier County Purchasing
239-252-6098
From: Lorraine Carlone [mailto:Iorraine(Tacelectric.net]
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Sent: Monday, February 24, 2014 12:26 PM
To: NorthrupAdam
Cc: HolmesDavid; JokelaKurt; NesbittClaude; CampSkip; StarkMichael; ReavesBrenda;
MarkiewiczJoanne; Anthony Carlone; Monique Carlone; Joe Olivera; Frontdesk
Subject: FW: URGENT-FW: 09-5325 ACElectric Extension-NEW BID 13-6166
Importance: High
Adam,
I'm so sadden that we have missed the dead line. My father,which was a big part of A/C
Electrical was ailing and passed on 2/14/14. Unfortunately this past year we have had key
players in our office staff also get sick and left, those which were on the e-mailing spool and
were responsible for managing the county portal.
I ran a full search on all of Anthony's e-mails and there was nothing in there from the portal
requesting a bid. When I went on the site, that Brenda helped on, I noticed that there was a
space between the semi-colon and Anthony's e-mail, which would not have allowed the e-mail
to be delivered.
When we received the extension for the contract on December 23,2013,my father was in the
hospital ailing and fighting for his life, with the extension and it's wording, I assumed it was
going to be in the closer to the summer.
Is there is anything we can do, due to our circumstances to continue our "on call"with the
county?
Lorraine Carlone
Vice President
4.
Ale Electrical
r Services
ta
6017 Pine Ridge Road #244
Naples, Florida 34119
Tel: 239-597-1789
Fax: 239-597-8406
www,acelectric.net
r
4
" Get plugged in with us..." `
From: ReavesBrenda [mailto:BrendaReavesf@colliergov q4,J
Sent: Monday, February 24, 2014 10:44 AM
To: Lorraine Carlone
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Cc: HolmesDavid; MarkiewiczJoanne; Monique Carlone;Joe Olivera;Anthony Carlone;
NorthrupAdam
Subject: RE: URGENT-FW: 09-5325 ACElectric Extension
Hi Lorraine,
I received your extension Dec 30, 2013. This extended the contract through July 10, 2014.
I am not aware of any issues with this extension.
Regards,
Brenda
_
From: Lorraine Carlone [mailto:lorrainena acelectric.net] _ .a ____e___ _
Sent: Monday, February 24, 2014 10:39 AM
To: ReavesBrenda
Cc: HolmesDavid; MarkiewiczJoanne; Monique Carlone; Joe Olivera; Anthony Carlone
Subject: URGENT-FW: 09-5325 ACElectric Extension
Importance: High
Hi Brenda,
I just received a call from David Holmes concerned that we had not extended our contract with
the County. Attached and below is the date-we forwarded the Extension. I just left a message
for Adam Northrup, but as you can imagine I'm concerned. The County is a client that we have
great respect for and are greatly appreciative of.
If you can please help me with this, let me know if there is anything else I can do to help
expedite this.
Lorraine Carlone
Vice President
Electrical
tt Services
ditnize
6017 Pine Ridge Road #244
Naples, Florida 34119
Tel: 239-597-1789
Fax: 239-597-8406
www.acelectric.net
Get plugged in with us..."
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From: Lorraine Carlone
Sent: Sunday, December 29, 2013 10:05 PM
To: 'BrendaReaves @colliergov.net'
Cc:Anthony (anthony(Eacelectric.net); Monique Carlone;Joe Olivera
Subject: FW: 09-5325 ACElectric Extension
Importance: High
Hi Brenda,
Attached is our request to "yes" extend our contract with the county.
Thank you so much!
Lorraine Carlone
Vice President
A114'7C lectrical
Services
4FICZCZyCter
6017 Pine Ridge Road #244
Naples, Florida 34119
Tel: 239-597-1789
Fax: 239-597-8406
www.acelectric.net
Begin forwarded message:
From: ReavesBrenda <BrendaReaves(colliergov.net>
Date: December 26, 2013 at 9:35:50 AM EST
To: "anthonyna acelectric.net" <anthonyPacelectric.net>
Subject: 09-5325 ACElectric Extension
Good morning,
Please see attached extension letter,you may fax or email your response.
If you have any questions please let me know.
Regards,
Brenda Reaves
Purchasing/Contract Technician
Collier County Government
3327 Tamiami Trail East
Naples, FL 34112
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Phone: 239-252-6020
Fax: 239-252-6592
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by
telephone or in writing.
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Cotter County
Adrrinisfrative Services Division
Purchasing
March 5, 2014
Mr. Anthony Carlone
AC Electrical Services
6017 Pine Ridge Road #244
Naples, Fl 34119
Telephone: 239-597-1789
FAX: 239-597-1789
Email: anthony @acelectric.net
RE: Protest Decision Regarding Solicitation 13-6166 Electrical Contractors
Dear Mr. Carlone:
I am writing in response to your formal protest letter of February 25, 2014, filed on behalf of AC
Electrical Services, and pertaining to the recommended award of the referenced solicitation. Sir, I did
not receive any additional information beyond the email correspondence that you forwarded to Adam
Northrup, and thus, my comments will be limited to the issues raised in that email.
The following is a summary of each of the issues raised in your email (dated 2/25/2014) and findings
regarding each.
1. The bid timeframe (January 16 —January 318`, 2014) did not provide sufficient time for suppliers to
respond.
FINDINGS: This office has reviewed the County's Online Bidding System and determined that the
email notices for this solicitation were sent on January 16, 2014; the actual time this was "open"
for public viewing was 1 PM (Naples local time) that day. The solicitation "question and answer"
period ended at 3PM on January 31, 2014, and the closing date was 3PM on February 4, 2014.
The Board of County Commissioner's Purchasing Ordinance (Section 10) requires a ten (10) day
posting period; this solicitation was posted for nineteen (19) days.
This office has also reviewed the questions and answers, and at no time did any of the
perspective bidders ask questions about the date of closing, nor did they request a time extension.
AC Electrical Services had four(4) registered, and active, email addresses in the County's Online
Bidding System. These addresses were sent the initial notice of this bid opportunity. In checking
the Online Bidding System logs, it appears your firm first downloaded the bid information
approximately twenty (20) days after the solicitation had closed.
As such, it is the position of this office that the time frame allowed for this bid opportunity was
sufficient.
PuThisrig Depatmt•3327 Tamlam Trail East•Naples,Florida 34112-4901•mow.canlergovneUpurchasing
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2. Companies [submitting bids] may not, in fact, be local vendors according to the Board's
Purchasing Ordinance [or they may have misrepresented themselves].
FINDINGS: This office has reviewed the four(4) bidders submittals; all local business tax receipts
were submitted from Collier and/or Lee County and have local business addresses; therefore, all
bidders were declared local vendors according to the Board of County Commissioners Purchasing
Ordinance.
I have carefully reviewed all of the issues raised in your protest of February 25, 2014. I have
considered each allegation and the facts pertaining to each. Based on the information presented in
the protest and the information I have gathered in response to each issue raised in the protest, it is
my position that the actions made by staff are in compliance with the aforementioned policy and
procedural requirements of the Board's direction on the County's Competitive Bid Process and the
Local Vendor Preference policies.
Accordingly, it is the decision of this office to deny the protest and direct staff to move forward
with award Solicitation 13-6166 Electrical Contractors. The recommendation is tentatively
scheduled to be presented to the Board of County Commissioners on April 8, 2014.
Under Section Twenty Three (23) of the County's Purchasing Ordinance, the decision of the
Purchasing Director shall be considered final and conclusive unless the protestor delivers a
subsequent written objection to my attention within two business days from the date of receipt of this
decision or not later than 4PM (Naples Local Time) on March 10, 2014.
Respectfully,
Joanne"Markiewicz
_ f.
Director, Procurement Services
3327 Tamiami Trail E
Naples, FL 34112
Telephone: 239-252-8975
FAX: 239-252-6480
Email: joannemarkiewicz @colliergov.net
Enclosures
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Collier County
Board of County Commissioner's Purchasing Ordinance
Excerpt of Protest Policy
SECTION TWENTY-THREE:Protest of Bid or Proposal Award.
The purpose of this section is to accommodate legitimate protests concerning formal competitive
invitations to bid or requests for proposals and recommended contract awards above the formal
competitive bid or proposal thresholds prior to award of a contract by the Board of County
Commissioners.
A. Any actual or prospective bidder or respondent to an Invitation to Bid or a Request for
Proposal, who has a substantial interest and alleges to be aggrieved in connection with the
solicitation or award of a contract, (hereafter referred to as "the protesting party") may protest to the
Purchasing Director, who shall serve as the sole recipient of any and all notices of intent to protest
and all formal protests.
B. With respect to a protest of the terms, conditions and specifications contained in a solicitation,
including any provisions governing the methods for evaluation of bids, proposals or replies, awarding
contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting
party shall file a notice of intent to protest within three (3) days, excluding weekends and County
holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The
formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal
protests of the terms, conditions and specifications shall contain all of the information required for
formal protests of recommended contract srds as set forth under subsection C. The Purchasing
Director, shall render a decision on the formal protest and determine whether postponement of the bid
opening or proposal/response closing time is appropriate. The Purchasing Director's decision shall be
considered final and conclusive unless the protesting party files an appeal of the Purchasing
Director's decision.
C. Any actual or prospective bidder or respondent to an Invitation to Bid or a Request for
Proposal who desires to protest a recommended contract award shall submit a notice of intent to
protest to the Purchasing Director within two (2) calendar days, excluding weekends and County
holidays, from the date of the initial posting of the recommended award.
D. All formal protests with respect to a recommended contract award shall be submitted in
writing to the Purchasing Director for a decision. Said protests shall be submitted within five (5)
calendar days, excluding weekends and County holidays, from the date that the notice of intent to
protest is received by the Purchasing Director, and accompanied by the fee, as set forth below. The
protesting party must have standing as defined by established Florida case law to maintain a protest.
The formal protest shall contain, but not be limited to the following information:
1. Name and address of County Agency affected and the solicitation number and title.
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2. The name and address of the protesting party.
3. A statement of disputed issues of material fact. If there are no disputed
material facts, the written letter must so indicate.
4. A concise statement of the ultimate facts alleged and of any relevant rules,
regulations, statutes, and constitutional provisions entitling the protesting party to relief.
5. The protesting party's entitled demand for the relief.
6. Such other information as the protesting party deems to be material to the issue.
The formal protest shall contain all arguments, facts or data supporting and advancing the
protestor's position. Under no circumstances shall the protestor have the right to amend, supplement
or modify its formal protest after the filing thereof. Nothing herein shall preclude the County's
authority to request additional information from the protesting party or other bidders or proposers in
conjunction with the review and rendering of decisions on the protest, including any subsequent
appeal.
E. In the event of a timely protest of contract award consistent with the requirements of this
section, the Purchasing Director shall not proceed further with the award of the contract until all
appropriate administrative remedies as delineated under this section have been exhausted or until
the Board of County Commissioners makes a determination on the record that the award of a
contract without delay is in the best interests of the County. During this process, the protesting party
shall limit their communications with the County to the Office of the County Attorney, and neither the
protesting party, their agents or their representatives shall have any private contact or discussions
with individual County Commissioners, the County Manager, other County employees, or any
independent hearing officer (where applicable) regarding the protest except such communications as
rrray be required or permitted during a hearing, if applicable, or a meeting of the County Commission
wherein the solicitation or award is to be considered.
F. The Purchasing Director shall review the merits of each timely protest and in consultation with
the contract manager and other appropriate County staff, issue a decision stating the reasons for the
decision and the protesting party's rights of appeal under this section. Said decision shall be in writing
and mailed or otherwise furnished to the protesting party. The decision of the Purchasing Director
shall be final and conclusive unless the protesting party delivers a subsequent written notice of appeal
to the Purchasing Director within two (2) calendar days, excluding weekends and County holidays
from the date of receipt of the decision. In filing a written objection to the Purchasing Director's
decision, the protestor shall not introduce new arguments or alter in any other way their protest
submission. An appeal of the Purchasing Director's decision shall be limited to a review of the
grounds set forth in the formal protest, and no new grounds or arguments will be introduced or
considered.
G. In the event of a subsequent appeal pursuant to subsection F, the County Manager shall
determine whether to appoint an independent Hearing Officer to review the formal protest and the
Purchasing Director's decision. The Hearing Officer's review shall be limited to the grounds set forth
in the formal protest, and shall be for the purpose of determining whether the County's intended action
is arbitrary, capricious, illegal, dishonest or fraudulent. The protesting party shall have the burden of
proof. The Hearing Officer shall consider the formal protest, the Purchasing Director's decision, and
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supporting documents and evidence presented at the hearing. In any hearing, irrelevant, immaterial or
unduly repetitious evidence shall be excluded. All other evidence of a type commonly relied upon by
reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such
evidence would be admissible in a trial in the courts of Florida. The Hearing Officer may grant the
motion of any person having standing under Florida law to intervene in the proceedings. Persons or
parties shall have the right to be represented by counsel in the proceedings, to call witnesses, and
present evidence; provided, however, that the Hearing Officer shall not have the right to compel
attendance of witnesses or to permit or compel any discovery.
The Hearing Officer will have a maximum of 60 days to schedule and conduct a hearing into the
matter and issue a recommended finding of fact and an opinion in writing to the County Manager or
designee for submission to the Board of County Commissioners. Should the Hearing Officer find in
favor of the County, the protesting party pay, in full, the costs of the Hearing Officer. If the Hearing
Officer's recommended decision is in favor of the protesting party, then the County will assume this
cost.
The County Manager's discretion as to whether to appoint a Hearing Officer shall in no way afford the
protestor the right to demand such an appointment or hearing. The decision of a Hearing Officer on a
protesting party's appeal shall be submitted to the Board for its consideration as part of a final award
decision. Nothing herein shall be construed as creating a right of judicial review of the Hearing
Officer's decision, nor shall such decision be binding upon the Board. Additionally, nothing herein
shall be construed as limiting the Board's right to reject any and all bids or proposals.
H. Decisions of the Purchasing Director and Hearing Officer(where applicable) will be provided to
the protestor and other interested parties prior to the award recommendation being presented to the
Board of County Commissioners. Neither the County Manager's decision nor the Hearing Officer's
recommended decision shall be construed as an award recommendation triggering additional rights of
protest pursuant to this policy. Notwithstanding anything set forth herein to the contrary, the Board of
County Commissioners shall retain the authority to make the final award decision.
I. Failure to file a formal protest within the time and manner prescribed by this policy shall
constitute a waiver of the right to protest by any protesting party as defined by subsection "A" of this
policy.
J. As a condition of filing a formal appeal to the Purchasing Director's initial finding, the protesting
party shall submit a non-refundable filing fee for the purpose of defraying the costs of administering
the protest. The filing fee shall be submitted with the formal protest. Failure to pay the filing fee shall
result in the denial of the protest. The amount of the filing fee shall be as follows:
Estimated Contract Amount Filing Fee
$250,000 or less $500
$250,000.01 to $500,000 $1,000
$500,000.01 to $5 million $3,000
$5 million or more $5,000
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This fee may be modified by Resolution of the Board of County Commissioners.
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Administrative Services Division
Purchasing
INVITATION TO BID
Date: 01/16/2014
From: Adam Northrup
(239) 252-6098 (Telephone)
(239) 252-6302(FAX)
adamnorthrup @colliergov.net (Email)
To: Prospective Vendors
Subject: Solicitation: 13-6166 — Electrical Contractors
As requested by the Facilities Management Department, the Collier County Board of
County Commissioners Purchasing Department has issued this ITB for the purpose of
obtaining fair and competitive responses.
Please refer to the Public Notice included in this document for the opening date and
time and any applicable pre-ITB conference.
All questions regarding this ITB must be submitted online on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net/bid. All
responses to questions will be posted on the website with electronic notification to all
prospective vendors.
We look forward to your participation in Collier County's competitive procurement
process.
cc: Dennis Linguidi
Pxch;n[+C_s;tr..,:•332 Tarisam Tra!'East•Nay-- a -49)1•MIW co-_p.n tt pur ha,=
#13-6166 1
Electrical Contractors
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Invitation to Bid
Index
Public Notice 3
Exhibit I: Scope of Work, Specifications and Response Format 4
Exhibit II: General Bid Instructions 12
Exhibit III: Standard Purchase Order Terms and Conditions 18
Exhibit IV: Additional ITB Terms and Conditions 21
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 27
Attachment 2: Vendor's Check List 28
Attachment 3: Vendor Submittal - Bid Response Form 29
Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit 31
Attachment 5: Vendor Submittal— Immigration Affidavit 32
Attachment 6: Vendor Substitute W—9 33
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 34
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Public Notice
Sealed bid responses for Solicitation 13-6166—Electrical Contractors, will be received
electronically only at the Collier County Government, Purchasing Department, 3327 Tamiami
Trail E, Naples, FL 34112 until 3:00PM, Collier County local time on February 4th, 2014
Solicitation responses received after the stated time and date will not be accepted.
Solicitation 13-6166— Electrical Contractors
All questions regarding this ITB must be submitted online on the Collier County Purchasing
Department Online Bidding System website: www.colliergov.net/bid. All responses to questions
will be posted on the website with electronic notification to all prospective vendors.
All solicitation responses must be made on the official ITB response form included and only
available for download from the Collier County Purchasing Department Online Bidding System
website noted herein. ITB Documents obtained from sources other than Collier County
Purchasing may not be accurate or current.
Collier County encourages vendors to utilize recycled paper on all manual bid response
submittals.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/Joanne Markiewicz
Interim Purchasing/General Services Director
Publicly posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasing and in the lobby of the Purchasing Building on 01/16/2014.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Facilities Management Department (hereinafter, the "Division or
Department"), the Collier County Board of County Commissioners Purchasing Department
(hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining
bids from interested and qualified firms in accordance with the terms, conditions and specifications
stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work
and specifications stated.
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Purchasing Policy.
Brief Description of Purchase
Collier County is soliciting this Invitation to Bid with the intent of selecting electrical service
vendor(s) to provide labor, material, and equipment to perform repair and new installations for
departments.
The County reserves the right to select one or more supplier(s) and may use the resultant contract
in the following manner:
• For work estimated to be less than $50,000: the department may select one of the
vendor(s) on contract, quote out the work among all vendor(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 vendor(s) on contract, or, may conduct a separate new
solicitation.
• In no case may a single repair or new installation job exceed $500,000 on resultant
contracts of this ITB.
Background
County departments, including, but not limited to Facilities, Parks & Recreation, Public Utilities and
Transportation have historically spent approximately $1,000,000. Past contract work, and new
contract work shall include, but not be limited to the scope described below and communication,
instrumentation and control work.
Detailed Scope of Work
The vendor 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.
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2. The Vendor may be required to do emergency repairs at times other than normal
working hours. The Vendor 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 Vendor 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 Vendor 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 Vendor, 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 vendor
shall be licensed to operate within Collier County.
6. New Work: The vendor 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.
Vendor 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 vendor's
responsibility to ensure they have all information to prepare accurate estimates.
7. Quote Process: The vendor agrees to provide written quotes to the department.
Further, the vendor 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 vendor shall provide the quote within one
(1) hour. Vendor(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 vendor shall provide written quotes within three
(3) business days from the County's request. Vendor(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 vendor shall provide written quotes within ten
(10) business days from the County's request. Vendor(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.
8. Acceptance of Quote by County: Once the County has accepted the vendor's quote,
the vendor shall be notified. The vendor 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.
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9. Safety: Vendor 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.
Vendors 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: Vendor 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: Vendors 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 vendor'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 vendor 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 vendor'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 vendor 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: Vendor 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 vendor shall have occasions where they must have, or rent, bucket
trucks that extend from fifteen (15) to one hundred twenty five (125) feet. Vendors
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 Vendor'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 vendor 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 ($250.00) or more. Vendor 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 Digi 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.
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15. Protection of Property: The Vendor 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 Vendor shall replace or
repair the same at no cost to the County. If damage caused by the Vendor has to be
repaired or replaced by the County, the cost of such work shall be deducted from the
monies due the Vendor.
16. Clean-Up: The Vendors shall be responsible for removing all debris from the site and
cleaning affected areas. Vendor 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 Vendor 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 Vendor is
unsatisfactory, the Vendor 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 Vendor.
19. Vendor Rates: All rates quoted shall include the total labor cost including, but not
limited to the hourly employee pay rate, insurance, vendor'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 Vendor 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, vendor's cost of part, mark-up
(either as a percentage or dollar) and total cost (the County may request the
vendor's invoice from their supplier for any material used on the completion of a
project),
• Equipment: Description of each piece of equipment used, vendor's cost of
equipment and total cost (the County may request the vendor'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, vendor'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.
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C. Parks & Recreation Requirements
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 Vendor 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 Vendor by Public Utilities staff.
The Vendor shall call the requesting Public Utilities department confirming receipt
as soon as it is received. The Vendor 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 Vendor from Public Utilities staff. The
Vendor shall call the requesting department confirming receipt as soon as it is
received. The Vendor 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 Vendor by the Public Utilities staff. The
Vendor 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 Vendor for repair,
which shall be followed up by a confirming fax to the Vendor. The Vendor 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 vendor with a priority attached. If a priority is not, the
Vendor is responsible for obtaining a priority so that the work can be classified properly. A
sample copy of the work request is attached below.
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Sample Only
Public Utilities
Electrical Service Request
Date Issued: Request#
Facility Name: Contact Person:
Phone*: FAX#:
Issued To (Vendor)
Phone#: FAX#:
Priority: Circle One- 1 2 3 4
1. Priority Definitions: Priority 1 - Emergency,Vendor response within 1 hour of work request receipt.
2. Priority 2-Vendor repair response within 24 hours of work request receipt.
3. Priority 3-Vendor repair response within 72 hours of work request receipt.
4. Priority 4-Vendor 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.
Award Criteria
ITB award criteria is as follows:
• All questions on the Bid document shall be answered as to price(s), time requirements, and
required document submissions.
• Award shall be based upon the responses to all questions on the Bid Response Page(s).
• Further consideration may include but not be limited to, references, completeness of bid
response and past performances on other County bids/projects.
• Prices will be read in public exactly as input on the electronic bid response form or written on
the manually submitted Bid Response Page(s) at the time of the bid opening; however, should
an error in calculations occur whenever unit pricing and price extensions are requested, the
unit price shall prevail. Mathematical miscalculations may be corrected by the County to
reflect the proper response.
• The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to
the award of the solicitation.
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• It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s)
demonstrated by the lowest of line 15 BID TOTAL from Attachment 9: Bid Schedule.
Scenario#1:
Material Cost $1,000.00 + markup +
4 hours x Journeyman Electrician Hourly Rate +
4 hours x Apprentice Electrician Hourly Rate +
4 hours x Electricians Helper Hourly Rate +
4 hours x General Laborer Hourly Rate +
4 hours x Ditch Witch Equipment Cost +
4 hours x Bucket Truck (with 60 foot reach) Cost +
4 hours x Bucket Truck Operator Hourly Rate = Total Dollars
Scenario#2:
Material Cost $1,000.00 + markup +
4 hours x Journeyman Electrician Hourly Rate +
4 hours x Apprentice Electrician Hourly Rate +
4 hours x Electricians Helper Hourly Rate +
4 hours x General Laborer Hourly Rate +
4 hours x Ditch Witch Equipment Cost +
4 hours x Bucket Truck (with 120 foot reach) Cost +
4 hours x Bucket Truck Operator Hourly Rate = Total Dollars
If Bid cannot be awarded as noted herein, the Collier County Board of County Commissioners
shall make an award that best suits the needs and is in the interest of Collier County.
• Collier County reserves the right to select one, or more than one suppliers, however, it is the
intent to select multiple qualified vendors.
• The contract will be in the form of a Collier County standard contract.
Term of Contract
The contract term, if an award(s) is/are made is intended to be for one (1) year with three (3) one
(1) year renewal options..
Prices shall remain firm for the initial term of this contract. Price adjustments are dependent upon
the consumer price index (CPI) over the past twelve (12) months, budget availability and program
manager approval.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
Projected Timetable
Event Date
Issue Solicitation Notice 01/16/2014
Last Date for Receipt of Written Questions 01/31/2014, 3:00PM
Solicitation Deadline Date and Time 02/04/2014, 3:00PM
Anticipated Evaluation of Submittals Week of 2/10/2014
Anticipated Board of County Commissioner's Contract 02/28/2014
Approval Date
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Vendor Required Documents
• Attachment 2: Vendor's Check List
• Attachment 3: Vendor Bid Response Form
• Attachment 4: Local Vendor Preference
• Attachment 5: Immigration Law Affidavit
• Attachment 6: Vendor Substitute W-9
• Attachment 7: Insurance and Bonding Requirement
• Attachment 8: Qualifying Questions
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Exhibit II: General Bid Instructions
1. Purpose/Objective
As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier
County Board of County Commissioners Purchasing Department (hereinafter, the County) has
issued this Invitation to Bid (hereinafter, the "ITB", or"Bid")with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and/or attached herein/hereto. The successful vendor will
hereinafter be referred to as the "Vendor"
All bids must be submitted on the Bid form furnished by the County noted in Attachments
2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly
signed. Vendor is responsible to read and follow the instructions very carefully, as any
misinterpretation or failure to comply with these instructions could lead to the bid submitted as
being rejected as non-responsive.
2. Pricing
Vendors must provide unit prices using the unit of measured specified by the County. All prices
will remain firm for a period of one hundred and eighty (180) calendar days from date of bid
opening. After award by the Board of County Commissioners, prices may only be adjusted as
outlined in Exhibit I: Term of Contract.
3. Alternate Bid Pricing
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide
pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted
price will be the basis for the rejection of the submitted bid response. All bids responses received
without pricing for all alternates as listed will be considered technically non-responsive and will not
be considered for award.
4. Equal Product
Manufacturer's name, brand name and/or model number are used in these specifications for the
purpose of establishing minimum requirements of level of quality, standards of performance and/or
design required, and is in no way intended to prohibit the bidding of other manufacturer's items of
equal or similar material. An equal or similar product may be bid, provided that the product is
found to be equal or similar in quality, standard of performance, design, etc. to the item specified.
Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of
factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid
as equal or similar.
Equal product samples, if required for evaluation, and at no cost to the County, must be submitted
with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless
samples are delivered to specified address by bid due date. The County shall be sole judge of
equality or similarity, and its decision shall be final in the best interest.
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5. Discounts
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of tie bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
6. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to
indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully
comply with the specifications as written. The County, at its sole discretion, shall determine if the
exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for
rejection of bid proposal.
7. Addenda
The County reserves the right to formally amend and/or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum/clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specifications prior to
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vendors who
downloaded the ITB document. Additionally, all addendums are posted on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net/bid. Before submitting
a bid response, please make sure that you have read all, understood clearly and complied
completely with any changes stated in the addenda as failure to do so may result in the rejection
of your submittal.
8. Bid Submission
All electronic bids shall be submitted online via the Collier County Purchasing Department Online
Bidding System: www.colliergov.net/bid.
Vendors who wish to receive copies of bids after the bid opening may view and download same
from the Collier County Purchasing Department Internet bid site.
9. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be
answered after the date noted on the ITB.
Vendors must clearly understand that the only official answer or position of the County will be the
one stated on the Collier County Purchasing Department Online Bidding System website. For
general questions, please call the referenced Procurement Strategist identified in the Public
Notice.
10. Protests
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Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate
issue with the ITB shall file a written protest with the Purchasing Director prior to the opening of
the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing
Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the
bid or the acceptance date for the Request for Proposals.
11. Rejection and Waiver
The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County.
Vendors whose bids, past performance or current status do not reflect the capability, integrity or
reliability to fully and in good faith perform the requirements denoted may be rejected as non-
responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide
all required information, documents or materials may be rejected as non-responsive.
12. Local Vendor Preference (LVP)
The County is using the Competitive Sealed Quotation methodology of source selection for this
procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier
County Purchasing Ordinance.
Local business means the vendor has a current Business Tax Receipt issued by the Collier
County Tax Collector for at least one year prior to bid or proposal submission to do business
within Collier County, and that identifies the business with a permanent physical business address
located within the limits of Collier County from which the vendor's staff operates and performs
business in an area zoned for the conduct of such business. A Post Office Box or a facility that
receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other
non-permanent structure shall not be used for the purpose of establishing said physical address.
In addition to the foregoing, a vendor shall not be considered a "local business" unless it
contributes to the economic development and well-being of Collier County in a verifiable and
measurable way. This may include, but not be limited to, the retention and expansion of
employment opportunities, support and increase to the County's tax base, and residency of
employees and principals of the business within Collier County. Vendors shall affirm in writing their
compliance with the foregoing at the time of submitting their bid or proposal to be eligible for
consideration as a "local business" under this section. A vendor who misrepresents the Local
Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to
claim Local Preference status for a period of up to one year.
Under this solicitation, bidders desiring to receive local preference will be invited and required to
affirmatively state and provide documentation as set forth in the solicitation in support of their
status as a local business. Any bidder who fails to submit sufficient documentation with their bid
offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to the
contrary, Collier County and its agencies and instrumentalities, will give preference to local
businesses in the following manner.
Competitive bid (local price match option). Each formal competitive bid solicitation shall
clearly identify how the price order of the bids received will be evaluated and determined.
When a qualified and responsive, non-local business submits the lowest price bid, and the bid
submitted by one or more qualified and responsive local businesses is within ten percent of the
price submitted by the non-local business, then the local business with the apparent lowest bid
offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the
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price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In
such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder
are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if
the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to
businesses with drug-free workplace programs). If the lowest local bidder meets the
requirements of Fla. Stat. Sec. 287.087, the Purchasing Department shall invite the lowest
local bidder to submit a matching offer, less one (1) dollar, within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less
one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made
to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local
bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the
lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest
non-local bidder does, award will be made to the bidder that meets the requirements of the
reference state law.
Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a
Local Business which is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude
said Bidder from being considered for local preference on this solicitation.
A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one (1) year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
13. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides
an Internet-based means of verifying employment eligibility of workers in the United States; it is
not a substitute for any other employment eligibility verification requirements. The program will be
used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including
professional services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County
Commissioners
Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County Purchasing Department an executed affidavit certifying they
shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If
the BidderNendor does not comply with providing both the acceptable E-Verify evidence
and the executed affidavit the bidder's /vendor's proposal may be deemed non-responsive.
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Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify)
program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of
1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to
comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach
of the award agreement and the County shall have the discretion to unilaterally terminate said
agreement immediately.
14. Lobbying
All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied
either individually or collectively about a project for which a firm has submitted a bid. Firms and
their agents are not to contact members of the County Commission for such purposes as
meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to
final Board approval, no firm or its agent shall contact any other employee of Collier County with
the exception of the Purchasing Department.
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute
607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response
shall be required to provide same within five (5) days upon notification of selection for award. If the
firm cannot provide the document within the referenced timeframe, the County reserves the right
to award to another firm.
16. General Information
When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug-free
workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said
certification; the County will give local vendor preference.
17. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session.
Award shall be made in a manner consistent with the County's Purchasing Policy. Award
recommendations will be posted outside the offices of the Purchasing Department as well as on
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the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the
County Commission meetings.
Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Purchasing Director within two (2) calendar
days (excluding weekends and County holidays) of the date that the recommended award is
posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal
protest and will be given instructions as to the form and content requirements of the formal protest.
A copy of the "Protest Policy" is available at the office of the Purchasing Director.
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer delivery; provided that risk of loss prior to
This offer is subject to cancellation by the actual receipt of the goods by the COUNTY
COUNTY without notice if not accepted by nonetheless remain with VENDOR.
VENDOR within fourteen (14) days of issuance. b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
2. Acceptance and Confirmation specifically stated in this Purchase Order.
This Purchase Order (including all documents Unless otherwise provided in Purchase
attached to or referenced therein) constitutes Order, no invoices shall be issued nor
the entire agreement between the parties, unless payments made prior to delivery. Unless
otherwise specifically noted by the COUNTY on freight and other charges are itemized, any
the face of this Purchase Order. Each delivery of discount will be taken on the full amount of
goods and/or services received by the COUNTY invoice.
from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the
terms and conditions contained in this Purchase same day via the same route must be
Order. consolidated. Each shipping container must
be consecutively numbered and marked to
No additional terms may be added and Purchase show this Purchase Order number. The
Order may not be changed except by written container and Purchase Order numbers must
instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips
is deemed to be on notice that the COUNTY must show Purchase Order number and
objects to any additional or different terms and must be included on each package of less
conditions contained in any acknowledgment, than container load (LCL) shipments and/or
invoice or other communication from VENDOR, with each car load of equipment. The
notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or
payment for any delivery of goods and/or return any shipment or equipment at
services, or any similar act by VENDOR. VENDOR'S expense that is not marked with
Purchase Order numbers. VENDOR agrees
3. Inspection to declare to the carrier the value of any
All goods and/or services delivered hereunder shipment made under this Purchase Order
shall be received subject to the COUNTY'S and the full invoice value of such shipment.
inspection and approval and payment therefore d) All invoices must contain the Purchase Order
shall not constitute acceptance. All payments are number and any other specific information as
subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts
All defective or nonconforming goods will be of prompt payment will be computed from the
returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of
VENDOR'S expense. receipt of invoices, whichever is later.
Payment will be made upon receipt of a
To the extent that a purchase order requires a proper invoice and in compliance with
series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as
COUNTY prospectively reserves the right to the "Local Government Prompt Payment
cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County
Order if goods and/or services provided early in Commissioners Purchasing Policy.
the term of the Purchase Order are
non-conforming or otherwise rejected by the 5. Time Is Of the Essence
COUNTY. Time for delivery of goods or performance of
services under this Purchase Order is of the
4. Shipping and Invoices essence. Failure of VENDOR to meet delivery
a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as
suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment,
lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies
with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR
any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any
the COUNTY at the time and place of expenses incurred in enforcing its rights.
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VENDOR further agrees that undiscovered VENDOR shall indemnify and hold harmless the
delivery of nonconforming goods and/or services COUNTY from any and all claims, including
is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses,
upon further compliance with all specifications. including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death
6. Changes of any person (including but not limited to
The COUNTY may at any time and by written employees and agents of VENDOR in the
notice make changes to drawings and performance of their duties or otherwise), or
specifications, shipping instructions, quantities damage to property (including property of the
and delivery schedules within the general scope COUNTY or other persons), which arise out of or
of this Purchase Order. Should any such change are incident to the goods and/or services to be
increase or decrease the cost of, or the time provided hereunder.
required for performance of the Purchase Order,
an equitable adjustment in the price and/or 11. Warranty of Non-Infringement
delivery schedule will be negotiated by the VENDOR represents and warrants that all goods
COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase
foregoing, VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws;
to give notice if the changes will decrease costs. b) do not infringe any patent, trademark,
Any claims for adjustment by VENDOR must be copyright or trade secret; and c) do not constitute
made within thirty (30) days from the date the unfair competition.
change is ordered or within such additional
period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the
parties. COUNTY from and against any and all claims,
including claims of negligence, costs and
7. Warranties expense, including but not limited to attorneys'
VENDOR expressly warrants that the goods fees, which arise from any claim, suit or
and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of
will conform to the specifications, drawings, the goods and/or services provided under this
samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S
specified by the COUNTY, and will be of representations and warranties in section 11 (a).
satisfactory material and quality production, free
from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach
intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to
security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option,
claim of any third party. These warranties shall procure for the COUNTY the right to continue
survive inspection, acceptance, passage of title using the goods or services, or replace or modify
and payment by the COUNTY. the goods or services so that they become
non-infringing, (without any material degradation
8. Statutory Conformity in performance, quality, functionality or additional
Goods and services provided pursuant to this cost to the COUNTY).
Purchase Order, and their production and
transportation shall conform to all applicable 12. Insurance Requirements
laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide
Health and Safety Act, the Federal commercial insurance of such type and with such
Transportation Act and the Fair Labor Standards terms and limits as may be reasonably
Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing
face of the Purchase Order. and maintaining adequate insurance coverage is
a material obligation of the VENDOR. All
9. Advertising insurance policies shall be executed through
No VENDOR providing goods and services to the insurers authorized or eligible to write policies in
COUNTY shall advertise the fact that it has the State of Florida.
contracted with the COUNTY for goods and/or
services, or appropriate or make use of the 13. Compliance with Laws
COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order,
property without the prior written consent of the VENDOR agrees that it will comply with all
COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non-exhaustive example,
10. Indemnification this shall include the American with Disabilities
Act and all prohibitions against discrimination on
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the basis of race, religion, sex creed, national conditions of this Purchase Order, provided that
origin, handicap, marital status, or veterans' COUNTY has provided VENDOR with notice of
status. Further, VENDOR acknowledges and such breach and VENDOR has failed to cure
without exception or stipulation shall be fully within 10 days of receipt of such notice.
responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986 19. General
as located at 8 U.S.C. 1324, et seq. and a) This Purchase Order shall be governed by
regulations relating thereto, as either may be the laws of the State of Florida. The venue
amended. Failure by the awarded firm(s) to for any action brought to specifically enforce
comply with the laws referenced herein shall any of the terms and conditions of this
constitute a breach of the award agreement and Purchase Order shall be the Twentieth
the County shall have the discretion to Judicial Circuit in and for Collier County,
unilaterally terminate said agreement Florida
immediately. Any breach of this provision may b) Failure of the COUNTY to act immediately in
be regarded by the COUNTY as a material and response to a breach of this Purchase Order
substantial breach of the contract arising from by VENDOR shall not constitute a waiver of
this Purchase Order. breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
14. Force Majeure deemed a waiver of any subsequent default
Neither the COUNTY nor VENDOR shall be by VENDOR.
responsible for any delay or failure in c) All notices under this Purchase Order shall
performance resulting from any cause beyond be sent to the respective addresses on the
their control, including, but without limitation to face page by certified mail, return receipt
war, strikes, civil disturbances and acts of nature. requested, by overnight courier service, or by
When VENDOR has knowledge of any actual or personal delivery and will be deemed
potential force majeure or other conditions which effective upon receipt. Postage, delivery and
will delay or threatens to delay timely other charges shall be paid by the sender. A
performance of this Purchase Order, VENDOR party may change its address for notice by
shall immediately give notice thereof, including all written notice complying with the
relevant information with respects to what steps requirements of this section.
VENDOR is taking to complete delivery of the d) The Vendor agrees to reimbursement of any
goods and/or services to the COUNTY. travel expenses that may be associated with
this Purchase Order in accordance with
15. Assignment Florida Statute Chapter 112.061, Per Diem
VENDOR may not assign this Purchase Order, and Travel Expenses for Public Officers,
nor any money due or to become due without the employees and authorized persons.
prior written consent of the COUNTY. Any e) In the event of any conflict between or
assignment made without such consent shall be among the terms of any Contract Documents
deemed void. related to this Purchase Order, the terms of
the Contract Documents shall take
16. Taxes precedence over the terms of the Purchase
Goods and services procured subject to this Order. To the extent any terms and /or
Purchase Order are exempt from Florida sales conditions of this Purchase Order duplicate
and use tax on real property, transient rental or overlap the Terms and Conditions of the
property rented, tangible personal purchased or Contract Documents, the provisions of the
rented, or services purchased (Florida Statutes, Terms and/or Conditions that are most
Chapter 212), and from federal excise tax. favorable to the County and/or provide the
greatest protection to the County shall
17. Annual Appropriations govern.
The COUNTY'S performance and obligation to
pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order
may be terminated immediately by the COUNTY
for breach by VENDOR of the terms and
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Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and/or Services
During the contract term, Collier County reserves the right to add related items and/or services
upon negotiation of a satisfactory price by the Project Manager and Vendor.
2. Conflict of Interest
Vendor shall provide a list of any businesses and/or organizations to which the firm has any
affiliation or obligations within the past five (5) years; whether paid or donated, which could be
construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of
interest is subject to County staff review and does not in and of itself disqualify a firm from
consideration. These disclosures are intended to identify and or preclude conflict of interest
situations during contract selection and execution.
3. Vendor Performance Evaluation
Collier County has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of agreement.
5. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly
responsible for 80% or more of the solicitation amount for said work.
6. Deductions for Non-Performance
The County reserves the right to deduct a portion of any invoice for goods not delivered, or
services not performed in accordance with requirements, including required timeframe. The
County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies
directly related to the Vendor's non-performance.
7. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
8. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub
vendors shall be responsible for the safety of their employees and any unsafe acts or conditions
that may cause injury or damage to any persons or property within and around the work site. All
firewall penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County
facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations.
This provision is non-negotiable by any department and/or Vendor.
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All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and
PPE Protective labels.
9. Florida Wood Products
The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and
other forest products produced and manufactured in the State of Florida as long as the price,
fitness and quality are equal.
10. Public Records Compliance
The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119
(including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)),
ordinances, codes, rules, regulations and requirements of any governmental agencies.
11. Standards of Conduct
The Vendor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Vendor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
12. Licenses
The Vendor is required to possess the correct professional and other licenses, and any other
authorizations necessary to perform the required work pursuant to all applicable Federal, State
and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies
of all the required licenses must be submitted with the bid response indicating that the
entity bidding, as well as the team assigned to the County account, is properly licensed to
perform the activities or work included in the ITB documents. Failure on the part of any
vendor to supply this documentation with their bid response may be grounds for deeming
vendor non-responsive. A Vendor with an office within Collier County is required to have an
occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections
must complete a Collier County Contractor License registration form and submit the required fee.
After registering the license/registration will need to be renewed thereafter to remain "active" in
Collier County.
Questions regarding professional licenses should be directed to Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions
regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be
directed to the Tax Collector's Office at (239) 252-2477.
13. Protection of Property
The Vendor shall ensure that the service is performed in such manner as to not damage any
property. In the event damage occurs to any property as a direct result of the Vendor or their Sub
vendor in the performance of the required service, the Vendor shall repair/replace, to the County's
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satisfaction, damaged property at no additional cost to the County. If the damage caused by the
Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will
be deducted from the monies due the Vendor.
14. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan,
fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III,
Florida Statutes, the current Collier County Ethics Ordinance and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact
with County staff for a specified period of time; b. Prohibition by the individual and/or firm from
doing business with the County for a specified period of time, including but not limited to:
submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the
individual and/or firm for cause.
15. Invoice and Payments
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk(c�collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or
services as part of this agreement.
Payment methods include:
• Traditional — payment by check, wire transfer or other cash equivalent.
• Standard —payment by purchasing card. Collier County's Purchasing Card Program is
supported by standard bank credit suppliers(i.e. VISA and MasterCard), and as such, is cognizant
of the Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County's credit card for transactions relating to this solicitation. The County will
entertain bids clearly stating pricing for standard payment methods. An additional separate
discounted price for traditional payments may be provided at the initial bid submittal if it is clearly
marked as an "Additional Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for
that prior month. Services beyond sixty (60) days from current monthly invoice will not be
considered for payment without prior approval from the Project manager. All invoices should be
submitted within the fiscal year the work was performed. (County's fiscal year is October 1 -
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September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or
processed for payment) unless specifically authorized by the Project Manager.
Payments will be made for articles and/or services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified deadline period
is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off-set the amount owed to the County by applying
the amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount
of any payment for work not performed or for unsatisfactory performance of Contractual
requirements.
16. Survivability
Purchase Orders: The Consultant/ContractorNendor agrees that any Purchase Order that
extends beyond the expiration date of the original Solicitation 13-6166— Electrical Contractors, will
survive and remain subject to the terms and conditions of that Agreement until the completion or
termination of this Purchase Order.
17. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in Insurance and
Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain
property insurance upon the entire project, if required, to the full insurable value of the scope of
work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to
the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
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Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services
Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured
retentions or deductibles under any of the below listed minimum required coverage, Vendor must
identify on the Certificate of Insurance the nature and amount of such self- insured retentions or
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self-insured retentions or deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer.
The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall
also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices
of expiration, cancellation, non-renewal or material change in coverage or limits received by
Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to
provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by
Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to
the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to
reimburse the County for such costs within thirty (30) days after demand, the County has the right
to offset these costs from any amount due Vendor under this Agreement or any other agreement
between the County and Vendor. The County shall be under no obligation to purchase such
insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or
companies used. The decision of the County to purchase such insurance coverage(s) shall in no
way be construed to be a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure
of the Vendor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts.
15. Security and Background Checks
If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Department, and drug testing 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.
16. Debris
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Vendor shall be responsible for the removal and disposal of all debris from the site and the
cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable
materials resulting from their work and as work progresses; or upon the request of the County's
representative, shall remove and dispose such debris and materials from the property. The
Vendor shall leave all affected areas as they were prior to beginning work.
17. Direct Material Purchase
The County reserves the right to require Vendor to assign some or all of its agreements with
material suppliers directly to the County. Any such goods and/or materials purchased by the
County pursuant to such an assignment of a material supply agreement shall be referred to as
"County Furnished Materials" and the responsibilities of both the County and the Vendor relating
to said materials shall be governed by the terms and conditions of this solicitation.
Additionally, the County at its sole option may choose to purchase some or all of the goods and/or
materials from other suppliers. In either instance the County may require the following information
from the Vendor:
• Required quantities of material.
• Specifications relating to goods and/or materials required for job including brand and/or model
number or type if applicable
• Pricing and availability of goods and/or materials provided under Vendor's agreements with
material suppliers
18. Grant Compliance
The purchase of any goods and/or services that are funded through Federal Grant Appropriations,
the State of Florida, or any other public or private foundations shall be subject to the compliance
and reporting requirements of the granting agency.
19. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform
the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for
each. Hourly rates will commence once equipment arrives at the service site.
In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is
needed, the Project Manager must be notified in advance for approval. The reimbursement of
additional equipment expense shall be at cost and will commence once equipment arrives at the
service site. The County reserves the right to request and obtain documentation of the Vendor's
cost, and to withhold payments until documentation is provided.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the Vendor from
furnishing a complete unit.
All equipment must be new and of current manufacture in production at the time of ITB opening,
and carry standard warranties. At the time of delivery, at least two (2) complete shop repair
manuals and parts lists must be furnished with each type of equipment. Vendor must service all
equipment prior to delivery and/or acceptance by the County.
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Cofer C01431t,
Administrative Services Division
Purchasing
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective
Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate
the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to
the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department,
3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: 13-6166— Electrical Contractors
�I Services requested not available through our company.
n Our firm could not meet specifications/scope of work.
• Specifications/scope of work not clearly understood (too vague, rigid, etc.)
] Project is too small.
�I Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Firm's Complete Legal Name
Address
City, State, Zip
Telephone Number
FAX Number
Signature /Title
Type Name of Signature Date:
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ColCier County
Adninistraive Services Division
Purchasing
Attachment 2: Vendor's Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the
spaces indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has
been included.
8. Addendum have been signed and included, if applicable.
9. Affidavit for Claiming Status as a Local Business, if applicable.
10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding.
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this
ITB.
12. The mailing envelope must be addressed to:
Purchasing Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
• Solicitation: 13-6166—Electrical Contractors
• Opening Date: 02/04/2014, 3:00PM
13. The bid will be mailed or delivered in time to be received no later than the specified opening date
and time. (Otherwise bid cannot be considered.)
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
Company Name
Signature &Title
Date
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Co ier Coi.mty
Administrative Services Division
Purchasing
Attachment 3: Vendor Submittal - Bid Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: 13-6166 —Electrical Contractors
Dear Commissioners:
The undersigned, as Vendor, hereby declares that the specifications have been fully examined and
the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as
per the scope of work. The Vendor further declares that the only persons, company or parties
interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is
made without connection with any other person, company or companies submitting a Bid; and it is all
respects fair and in good faith, without collusion or fraud.
The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued
purchase order or formal contract, to comply with the requirements in full in accordance with the
terms, conditions and specifications denoted herein, according to the following unit prices:
Item Description Subtotal
13 Scenario 1 Total
14 Scenario 2 Total
15 BID TOTAL
Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for less than
fifteen (15) days payment be offered.
Prompt Payment Terms: % Days; Net_ Days
n Bid Response Form is electronic. Please input your prices online.
Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid
response pages. The undersigned do agree that should this Bid be accepted, to execute a formal
contract, if required, and present the formal contract to the County Purchasing Director for approval
within fifteen (15) days after being notified of an award.
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IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
, 2014 in the County of , in the State of
Firm's Complete Legal Name
Address
City, State, Zip
Florida Certificate of Authority
Document Number
Federal Tax Identification
Number
CCR# or CAGE Code
Telephone Number
FAX Number
Signature/Title
Type Name of Signature
Date
Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
Firm's Complete Legal Name
Address
City, State, Zip
Contact Name
Telephone Number
FAX Number
Email Address
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Cofer Cr ow ty
kln-nistrative Services Division
Purchasing
Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit
Solicitation: 13-6166—Electrical Contractors (Check Appropriate Boxes Below)
State of Florida (Select County if Vendor is described as a Local Business
El Collier County
❑ Lee County
Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of
County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing
Policy:
Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax
Collector for at least one year prior to bid or proposal submission to do business within Collier County, and
that identifies the business with a permanent physical business address located within the limits of Collier
County from which the vendor's staff operates and performs business in an area zoned for the conduct of
such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a
construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of Collier County in a verifiable
and measurable way. This may include, but not be limited to, the retention and expansion of employment
opportunities, support and increase to the County's tax base, and residency of employees and principals of
the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the
time of submitting their bid or proposal to be eligible for consideration as a"local business" under this
section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to one year under this
section.
Vendor must complete the following information:
Year Business Established in ECollier County or❑ Lee County:
Number of Employees (Including Owner(s) or Corporate Officers):
Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s) or Corporate Officers):
If requested by the County, vendor will be required to provide documentation substantiating the information
given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name: Date:
Address in Collier or Lee County:
Signature: Title:
STATE OF FLORIDA
❑ COLLIER COUNTY El LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day
of , 20
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
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G`.arer County
Adninisttatve Services Division
Purchasing
Attachment 5:Vendor Submittal—Immigration Affidavit
Solicitation: 13-6166—Electrical Contractors
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal
Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll
in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company
Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment in the E-Verifv program, may deem the Vendor/
Bidder's proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of
the Immigration and Nationality Act("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the
INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-
Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor's/ Bidder's proposal.
Company Name
Print Name Title
Signature Date
State of
County of
The foregoing instrument was signed and acknowledged before me this day of , 20_, by
who has produced as identification.
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
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cosier County
Administrative Services Division
Purhasing
Attachment 6: Vendor Substitute W—9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address City
State Zip
Telephone FAX Email
Order Information Remit/Payment Information
Address Address
City State Zip City State Zip
FAX FAX
Email Email
2. Company Status (check only one)
_Individual I Sole Proprietor Corporation Partnership
Tax Exempt(Federal income tax-exempt entity _Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3) Enter the tax classification
(D=Disregarded Entity, C=Corporation, P=Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
Federal Tax Identification Number(TIN)
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
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C:aer County
Administrative Services Division
Purchasing
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability $1,000,000single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. ® Indemnification To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys'fees and
paralegals'fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone
employed or utilized by the Contractor/Vendor/Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
4. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. El Other insurance as ❑Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
El Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
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❑ Project Professional Liability $ Per Occurrence
❑Valuable Papers Insurance $ Per Occurrence
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as"A-" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the
required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board
of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County.
11. ® Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may
be required within five (5) days of the award of this solicitation.
Name of Firm Date
Vendor Signature
Print Name
Insurance Agency
Agent Name Telephone Number
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C.,oit►-county
Administrative Seances DNisron
Purchasing
Attachment 8: Qualifying Questions
1. What are your hours of service (regular time)?
2. Are you Available 24 hours, 7 days a week, 365 per year?
3. Can you supply the County with an emergency on-call telephone number?
4. How many Licensed Electricians do you have on staff?
5. What occupational and professional licenses does your company or staff hold? Please include copies
with proposal.
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AGREEMENT13-6166
for
Electrical Contractors
THIS AGREEMENT is made and entered into this day of , 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 Hart's Electrical Inc.,
authorized to do business in the State of Florida, whose business address is 281 27th Street NW,
Naples, FL 34120 (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.
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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 "'aches" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
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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:
Hart's Electrical Inc.
281 27th Street NW
Naples, FL 34120
Telephone: 239-564-0003; Fax: 239-353-7187
Attn: John W. Hart
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
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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
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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,
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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.
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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
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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.
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
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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.
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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 COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Tom Henning, Chairman
Dated:
(Seal)
Hart's Electrical Inc.
Contractor
By:
First Witness Signature
Print Name and Title Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
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EXHIBIT A
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.
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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
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($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.
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C. Parks & Recreation Requirements
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-Cal! 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.
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ry mple
Sa my
public til hies
f
Electrical Service ieq,uest
'a >-
DateIssued:
D 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.
* * * * *
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EXHIBIT B
Pricing
Minimum #of
Item Description r Price Hours
1 Material % Markup** 15% N/A
2 Sub-contractor% Markup** 7% N/A
3 Ditch Witch per Hour(Upon arrival at site) $25.00 N/A
4 Journeyman Electrician per Hour(straight time) $55.00 N/A
5 Apprentice Electrician per Hour(straight time) $45.00 N/A
6 Electrician's Helper per Hour(straight time) $30.00 N/A
7 General Laborer per Hour(straight time) $25.00 N/A
8 Bucket Truck Operator per Hour(straight time) $45.00 N/A
9 40 Foot Bucket Truck per Hour $35.00 2
10 60 Foot Bucket Truck per Hour $50.00 2
11 80 Foot Bucket Truck per Hour $70.00 4
12 120 Foot Bucket Truck per Hour $80.00 4
* 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.
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AGREEMENT 13-6166
for
Electrical Contractors
THIS AGREEMENT is made and entered into this day of , 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.
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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, Ha. 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 "Iaches" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
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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
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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
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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,
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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.
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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
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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.
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
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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.
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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 COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Tom Henning, Chairman
Dated:
(Seal)
Simmonds Electrical of Naples, Inc.
Contractor
By:
First Witness Signature
Print Name and Title Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
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EXHIBIT A
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.
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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
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($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.
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C. Parks & Recreation Requirements
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.
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sample Only 4
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• Electrical a vice l eques VIAW
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.
* * * * *
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EXHIBIT B
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.
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AGREEMENT 13-6166
for
Electrical Contractors
THIS AGREEMENT is made and entered into this day of , 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 Technical Management
Associates, Inc., authorized to do business in the State of Florida, whose business address is 17041
Alico Commerce Court, Suite 3, Fort Myers, FL 33967 (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.
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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.
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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:
Technical Management Associates, Inc.
17041 Alico Commerce Court, Suite 3
Fort Myers, FL 33967
Telephone: 239-437-9582; Fax: 239-437-9576
Attn: Charles L. Fuellgraf III, CEO
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
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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
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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,
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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.
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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
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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.
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
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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.
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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 COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Tom Henning, Chairman
Dated:
(Seal)
Technical Management Associates, Inc.
Contractor
By:
First Witness Signature
Print Name and Title Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
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EXHIBIT A
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.
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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
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($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.
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C. Parks & Recreation Requirements
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.
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Saml le On iy. ;
u..
,S ESE f
;Ppb1LC 1,1�llltteS
Electrical Service RequesC
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.
* * * * *
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EXHIBIT B
Pricing
Minimum # of
Item Description Price Hours
1 Material % Markup** 10% N/A
2 Sub-contractor% Markup** 5% N/A
3 Ditch Witch per Hour(Upon arrival at site) _ $48.00 N/A
4 Journeyman Electrician per Hour(straight time) $60.00 N/A
5 Apprentice Electrician per Hour(straight time) $35.00 N/A
6 Electrician's Helper per Hour(straight time) $30.00 N/A
7 General Laborer per Hour(straight time) $25.00 N/A
8 Bucket Truck Operator per Hour(straight time) $55.00 N/A
9 40 Foot Bucket Truck per Hour $55.00 0
10 60 Foot Bucket Truck per Hour $65.00 0
11 80 Foot Bucket Truck per Hour $100.00 0
12 120 Foot Bucket Truck per Hour $120.00 0
* 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.
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