Agenda 01/08/2013 Item #16E 5 • 1/8/2013 Item 16.E.5.
EXECUTIVE SUMMARY
Recommendation to authorize the Chairperson to sign contract amendments to increase the
estimated annual expenditures under Agreement #10-5373, "Energy Management Services," to
$750,000,to allow for projected countywide expenditures.
OBJECTIVE: To obtain the Collier County Board of Commissioners' (the"Board")approval to increase
the estimated annual expenditures under Agreement#10-5373,"Energy Management Services."
CONSIDERATIONS: The Department of Facilities Management is responsible for the maintenance,
repair, capital replacement and construction of County owned facilities. On March 8, 2011, the Board
awarded Agreement#10-5373 to Johnson Controls, Inc., as the primary vendor and Tampa Bay Systems
Sales, Inc. d/b/a Tampa Bay Trane Energy Services as the secondary in the event that Johnson cannot
provide appropriate resources, parts or other energy management services in a cost effective manner(see
Agenda item 16E2). The Agreement addresses the provision of repair and maintenance services for the
major functions of building management as more specifically described below.
The Agreement allows the awarded contractors to install, repair or replace all HVAC equipment including
but not limited to: building automation controls, chilled water systems, pumps, air handlers, VAV boxes,
outside air units (dehumidification), fans, hood fans, heaters, ice machines, refrigeration equipment,
thermal storage components, sensors, piping, valves, exhaust systems, compressors, condensers, direct
exchange units, variable frequency drives, boilers, cooling towers, power consumption and lighting
controls. The Contract is managed and maintained by the Department of Facilities Management.
When awarded,the annual expenditure estimated by staff was based on historical information and
expected needs for the foreseeable future and did not take into account unknown or unexpected variables.
The Board's approved budget was intended as the spending control. Recently,the Finance Department
began pre-auditing expenditures against staff's original estimates. Therefore,to ensure no interruption in
payments, staff is updating its annual estimated expenditures for this contract.
The total estimated annual expense at the time of award was $160,000. This annual estimated amount, at
the time, only considered routine maintenance service agreements and mistakenly omitted major repairs,
capital replacements, and unanticipated funding sources (Stimulus Package, non-General Fund monies).
Service agreements typically average between $100,000 — 160,000 per year. A single major
unanticipated repair can average anywhere from $10,000 - $70,000. A single major capital replacement
can range anywhere from $50,000- $275,000. Unanticipated and anticipated expenditures are budgeted in
Funds (001)and (301)respectively.
Annual expenditures for all County Division/Departments utilizing the current Agreement has far
exceeded the original estimated amount of $160,000; and staff is recommending an update to the
estimated annual expenditures under the Agreement from $160,000 to $750,000, which is more realistic
based on historical countywide usage.
FISCAL IMPACT: The annual expenses for Agreement# 10-5373 "Energy Management Services" are
estimated at $750,000. Funds are budgeted under the Fund (001)and (301) are within the Department of
Facilities Management operating and capital budgets as well as other County Divisions/Departments.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office, is legally sufficient for Board action and only requires a majority vote for approval—SRT.
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1/8/2013 Item 16.E.5.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
RECOMMENDATION: That the Board of County Commissioners increase the estimated annual
expenditures under Agreement #10-5373, "Energy Management Services" for countywide usage to
$750,000 and authorize the Chairperson to execute the Contract Amendment to remove the amount of
$160,000 from the Contract sum.
Prepared By: Kelly R. Campbell, CFM, SFP
Dennis Linguidi,Manager,Facilities Management
Adam Northrup,Procurement Strategist,Purchasing
Attachments:
• Agreement# 10-5373 Energy Management—Johnson Controls,Inc. and
Tampa Trane Energy Management Contract
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1/8/2013 Item 16.E.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.5.
Item Summary: Recommendation to authorize the Chairperson to sign contract
amendments to increase the estimated annual expenditures under Agreement#10-5373,
"Energy Management Services," to $750,000, to allow for projected countywide expenditures.
Meeting Date: 1/8/2013
Prepared By
Name: LinguidiDennis
Title: Manager-Facilities,Facilities Management
11/20/2012 9:06:49 AM
Approved By
Name: CampSkip
Title: Director-Facilities Management,Facilities Manage
Date: 11/20/2012 3:45:44 PM
Name:NorthrupAdam
Title:Procurement Strategist, Purchasing
Date: 11/21/2012 10:52:38 AM
Name: MarkiewiczJoanne
Title:Manager-Purchasing Acquisition,Purchasing&Gene
Date: 11/26/2012 7:25:55 AM
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing&Ge
Date: 11/26/2012 4:05:54 PM
Name: pochopinpat
Title:Administrative Assistant,Facilities Management
Date: 11/27/2012 10:18:07 AM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 11/29/2012 9:02:12 AM
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1/8/2013 Item 16.E.5.
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 11/29/2012 10:20:13 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/29/2012 3:00:29 PM
Name: PryorCheryl
Title: Management/Budget Analyst, Senior,Office of Manag
Date: 1/2/2013 2:51:24 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/2/2013 3:24:59 PM
Name: OchsLeo
Title: County Manager
Date: 1/2/2013 4:42:12 PM
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1/8/2013 Item 16.E.5.
AGREEMENT10-5373
for
Energy Management Services
THIS AGREEMENT, made and entered into on this day of
Marctl 2011,by and between Johnson Controls, Inc., authorized to do business in
the State of Florida, whose business address is 2430 Vanderbilt Beach Road, Suite 108,
Naples, Florida 34109, hereinafter called the "Contractor" and Collier County, a political
subdivision of the State of Florida,Collier County,Naples,hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a three (3) year period, commencing on
March 1,2011, and terminating on February 28,2014.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional three (3) year periods.The County shall give the Contractor written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide HVAC and/or energy
management services for construction, retrofit, and/or maintenance services on any
County facility involving any of the systems, services or products in accordance with
RFP 10-5373 and the terms and conditions of this Agreement. The Contractor will be
responsible for engineering, design knowledge, and compliance with all relevant local,
State and Federal codes and regulations. The pricing schedule in Exhibit "A," attached
hereto and incorporated herein by reference, as well as additional services as required
and mutually negotiated and agreed upon in writing by the County and the Contractor,
will be considered part of this Agreement.
2.1 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 Policy and Administrative Procedures in effect at the time such
services are authorized.
2.2 Ownership to and title in any and all equipment, materials, items or devices
installed by the Contractor in a County facility shall pass to the County upon the
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acceptance by the County of said equipment,materials,items or devices in the County
facility.
2.3 The Contractor shall provide to the County all record drawings, operating instructions,and
maintenance procedures for all equipment and control systems installed under this Agreement.
2.4 For projects performed by the Contractor directly or indirectly for the County, the
performance of the work shall be subject to and governed by the terms and conditions of this
Agreement.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this
Agreement an estimated annual amount of one hundred sixty thousand dollars ($160,000.00),
based on the unit prices set forth in Exhibit "A," subject to Change Orders as approved in
advance by the County. Payment will be made upon receipt of a proper invoice and upon
approval by the Facilities Manager or his designee, and in compliance with Chapter 218, Fla.
Stats.,otherwise known as the"Local Government Prompt Payment Act".
3.1 The County shall pay the Contractor for the performance of this Agreement in accordance
with any of the following three(3) payment methods:
A. Emergency work will be performed on a time and material basis.
B. For construction (new work), retrofit projects and routine maintenance services, the
Contractor may submit a proposal, either on a lump sum basis or a time and material
basis with a "Not to Exceed" total, at the discretion of the County. All pricing shall be
based on the rates indicated in Exhibit "A." Each proposal shall be supported by a
completed spreadsheet, the template for which shall be as shown in Exhibit "B,"
attached hereto and incorporated by reference. For lump sum proposals, the
spreadsheet is for identifying resource allocation only and not required for payment
processing. The County shall pay the Contractor for the performance of work outlined
in each proposal as accepted and approved by the Director of Facilities Management or
his designee in compliance with the County Purchasing Policy and Administrative
Procedures in effect at the time such services are authorized. Departmental requests
for services shall be paid upon completion or partial completion of the work tasks as
accepted and approved by the appropriate Department Director or his designee
pursuant to the Contractor's proposal and schedule for that department.
C. Payment for maintenance service contracts shall be paid according to the terms of each
maintenance contract in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such services are authorized.
3.2 All prices in Exhibit "A" may be adjusted by the County on the anniversary date of the
Agreement,based on the annual change to the Consumer Price Index-Southern States,under
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"All Urban Consumers, All Items", using the latest release available preceding the notice of
the adjustment. The County shall determine the value, if any, of this annual adjustment.
The Contractor must request an adjustment in writing,no more than thirty (30)calendar days
after the anniversary date of this Agreement.
3.3 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.
4. 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.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Shawn M.Simpson,Account Executive
Johnson Controls,Inc.
2430 Vanderbilt Beach Road
Suite 108,#343
Naples,Florida 34109
Telephone: 239-455-2930
Facsimile: 239-455-2985
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department-Purchasing Building
3327 Tamiami Trail,East
Naples,Florida 34112
Attention: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
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 Agreement must
be in writing.
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1/8/2013 Item 16.E.5.
6. 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.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., 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.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever,County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the.Contractor.
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per 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.
10. NO DISCRIMINATION.The Contractor agrees that there shall be no discrimination as
to race,sex,color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General 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 Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
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B. Business Auto Liability: Coverage shall have minimum limits of $500,000 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$500,000
for each accident.
Special Requirements: Collier County Government shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
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 insure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Facilities Management Department.
14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
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1/8/2013 Item 16.E.5.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, RFP #10-5373 Specifi-
cations/Scope of Services and Exhibits "A" and"B."
16. 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.
17. 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, 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.
18. 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.
19. 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.
20. 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.
21. ADDITIONAL ITEMSJSERVICES. Additional items and/or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contractor, subject to approval by the County.
22. 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
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during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102,Fla. Stat.
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.
23. KEY PERSONNEWPROTECT STAFFING: The proposer's personnel and management
to be utilized for this project shall be knowledgeable in their areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary to
insure that competent persons will be utilized in the performance of the contract.
Selected firm shall assign as many people as necessary to complete the projects on a
timely basis, and each person assigned shall be available for an amount of time adequate
to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel
unless the following conditions are met: (1) Proposed replacements have substantially
the same or better qualifications and/or experience. (2) that the County is notified in
writing as far in advance as possible. Firm shall make commercially reasonable efforts to
notify Collier County within seven (7) days of the change. The County retains final
approval of proposed replacement personnel.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent,hereunder set their hands and seals on the date and year first above
written.
BOARD OF COUNTY COMMISSIONERS
ATTEST A ,�;P �; COLLIER COUNTY,FLORIDA
j G f Courts
71-4- C.7"6.4.,
Dwight E � :CI`�rlt'
By By
Dated Te +` - ti Fred W.Coyle, Chairman
Johnson Controls,Inc.
Contractor
/
ersi/. By: )000
First
TTy /print witness namet
LAM dosart - 8 r 4C.11 in#'W' GFt.
and Witness Typed signature and title
sy fv,A Ge 3
TType/print witness namet
Approved as to form and
leg - •'ciency:
.sir _ ��....�
eputy County Attorney
SCOTT R. TEACH
Print Name
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1/8/2013 Item 16.E.5.
Exhibit "A" to the Energy Management Contract
Prices Effective ***Terms of Contract***
Energy Management RFP#10-5373
Johnson Controls Inc.
Services Category Hourly/Rate/Markup
Construction Personal
Site Supervisor $90.00
System Engineer $102.00
Clerical $55.00
System Design $90.00
Material Handling $55.00
Mileage $1.00
Project Manager $129.00
Lead System Specialist $102.00
System Technician $65.00
Overtime 1.5 Standard Rate
HVAC Service Personal
Clerical $55.00
Material Handling $55.00
Mileage $1.00
Chiller Mechanic $100.00
Project Manager $129.00
Service/HVAC Technician $86.00
Service/Controls Technician $115.00
Overtime 1.5 Standard Rate
Fire&Security Services
Clerical $55.00
Material Handling $55.00
Mileage $1.00
Fire Inspector $65.00
Project Manager $129.00
System Technician $102.00
System Engineer $102.00
Service Representative $102.00
Overtime 1.5 Standard Rate
Subcontractor
Subcontracted Services(includes communications Systems
and other services provided through subcontractors) JCI+ 10%
Non -Johnson Controls Inc.
Catalogued Products Vendor Quote+ 10%
Overhead Included
Profit 10%
Parts
In House Materials List+Tax+ Freight
Discounts List X.5
Outside Vendor Materials Cost+25%
Freight
Cost of freight delivery, from the factory to its final destination,
will be calculated on a Job by job basis.
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1/8/2013 Item 16.E.5.
EXHIBIT B
Job Name:
Collier County Government 661-2000 Collier POD:
Section A Ust Price Quantity Discount Adjusted Price
Johnson Controls Material(Ust less.5 Discount) 0.5 $0.00
i
$0.00 •
$0.00
,,,t+ 4E $0.00
moo _ _ $0.00
Freight L
Total JCI Material cost $0.00
Rate Hours/Miles Adjusted Price
Section B-Construction Personal „ '7-
, ':u7 $0.00
Site Supervisor 90.00 „-„= 4 $0.00
System Engineer 102.00 ,;' 4,,_,. $0.00
Clerical 55.00 ' orekir° $0.00
Material Handling 55.00 4+ `` $0.00
Mileage 1.00 rw� 1. � $0.00
Project Manager 129.00 :-.'...1_,..,..- ..' $0.00
System Technician 65.00 $0.00
Lead System Specialist 102.00 •a%,., $0.00
Total Labor $0.00
Rate HoursIMiles Adjusted Price
Section C-Fire&Security&Security Services ,xru7.r $0.00
Clerical 55.00 - $0.00
Material Handling
55.00 i� `� $0.00
Mileage 1.00 -" $0.00
Fire Inspector 65.00 *x�r.. - $0.00
.
Project Manager 129.00 .1',°'n r. . $0.00
System Technician 102.00 60 cr y
$0.00
System Engineer 102.00 o-' $0.00
Total Labor _ $0.00
Section D Cost 1.1
Subcontractor 3 s "' $0.00
. 1 $0.00
. 0447_ $0.00
$0.00
fi =Fm=, $0.00
Total Subcontractor ,. $0.00
Section E Cost 1.25
Outside Vendor Material i , ti a'"4 e.ft $0.00
i $0.00*s� " , wJ
$0.00
r= $0.00
4-,,„,'-' &ie a 1 $0.00
j e r rz?,, a r,k- $0.00
Freight $0.00
Total Outside Vendor Material $0:00
Total
Profit Cost(.10 x Total) 01 --11e aa► " $0.00
Subtotal $0.00
Subtotal w/o JCI Material .
JCI Material From Above
Collier County Permit 0.00 0
TOTAL JOB #REFI
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1/8/2013 Item 16.E.5.
ACC) I'J` DATE(IMM/DDIYYYY)
telo ww"''' CERTIFICATE OF LIABILITY INSURANCE 3/1W2011
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
sh USA Inc.,Attn:CPU, Fax(414)290 as53 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
i East Wisconsin Avenue CPU_Mliwaukee(�marsh.com HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite 1600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Milwaukee,WI 53202-4419 "SEE REVERSE FOR AM BEST RATING NAIC#
INSURERS AFFORDING COVERAGE IseeMERGE)
INSURED
Johnson Controls,Inc. Attn:Corp Risk Mgnt X-92 INSURER A: SEE REVERSE SIDE FOR INFORMATION
Johnson Controls Battery Group,Inc. P.O.Box 591
Johnson Controls Interiors,L.L.C. Milwaukee,WI 53201 INSURER B: SEE REVERSE SIDE FOR INFORMATION
JCIM US LLC
Cal-Air,Inc. INSURER C: SEE REVERSE SIDE FOR INFORMATION
GES America,L.LC.
Metro Mechanical Inc INSURER D: SEE REVERSE SIDE FOR INFORMATION
Optima Batteries,Inc
USI Real Estate Brokerage Services Inc. INSURER E:
York International Corporation
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR
CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES
DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY POLICY
NSR ADD'L EFFECTIVE EXPIRATION LIMITS
LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE DATE
(MIWDDtYY) (MMIDOIYY)
A GENERAL LIABILITY(1)(3)(4) HDOG25521390 10/1/2010 10!1!2011 EACH OCCURENCE $5,000,000
®COMMERICAL GENERAL LIABILITY DAMAGE TO RENTED $5,000,000
PREMISES(Ea occurrence)
❑❑CLAIMS MADE Z OCCUR MED EXP(Any one person) $50,000
Contractual PERSONAL&ADV INJURY $5,000,000
X C,U GENERAL AGGREGATE $5,000,000
•
GEML AGGREGATE LIMIT APPLIES PER PRODUCTS•COMP/OP AGG $5,000,000
POLICY❑PROJECT❑LOC ...
B
AUTOMOBILE LIABILITY(2)(3)(4) •-- 90-04606-01 10/1/2010 10/112011 COMBINED SINGLE $5,000,000
®ANY AUTO (Ea Accident)
❑ALL OWNED AUTOS BODILY INJURY
❑SCHEDULED AUTOS (Per person)
BODILY INJURY $
®HIRED AUTOS (Per accident)
®NON-OWNED AUTOS PROPERTY DAMAGE $
(Per widentl
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
❑ANY AUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
D EXCESSIUMBRELLA LIABILITY XOO G25827855 10/1/2010 10!112011 EACH OCCURRENCE $5,000,000
®OCCUR ❑CLAIMS MADE AGGREGATE $5,000,000
❑DEDUCTIBLE $
❑RETENTION $ $
WORKERS COMPENSATION AND WLRC4614014A-AOS -i LIMITS
ANY PROPRIETOLLPARTNER/ExECUTIVE SCFC46140151-WI E.L.EACH ACCIDENT $1,000,000
•
OFFICER/MEMBER EXCLUDED? Y/N WCUC46140175-EX WC E.L DISEASE-EA EMPLOYEE $1,000,000
(Mandatory in NH) WCUC46140163-EX WC FL
N yes,describe under E.L.DISEASE-POLICY LIMIT $1,000,000
SPECIAL PROVISIONS below - -
OTHER
(1)ADDITIONAL INSURED:I required by contract,includes coverage for Additional Insureds per attached endorsement.
(2)ADDITIONAL INSURED:If required by contract,includes coverage for Additional Insureds and Loss Payees as required by contract
(3)PRIMARY COVERAGE:Where required by lease or contract,ths coverage Is primary and not excess of or contributing with other insurance or self-Insurance
(4)WAIVER OF SUBROGATION:Insured waives subrogation to the extent required by contract.
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
JCI Contract No.:10-5373
JCI Project Name:
Customer PO Number.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE
Collier County EXPIRATION DATE THEREOF,THE INSURER AFFORDING COVERAGE WILL EfUSAVCR-TO
3329 tamiami Trail East 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, •
Ste 303 " - _. ._ -Naples,FL.34112
AUTHORIZED REPRESENTATIVE
Of MARSH USA INC.
ACORD 25(2009/01) ®ACORD CORPORATION 1988
Packet Page -1619-
1/8/2013 Item 16.E.5.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require
an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
•
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or
negatively amend,extend or alter the coverage afforded by the policies listed thereon.
ACORD 25(2009/01)
AM Best Rating
COMPANIES AFFORDING COVERAGE (as of 9/1/10) NAIC#
"SEE BELOW
INSURER k ACE AMERICAN INSURANCE COMPANY A+XV 22667
PO Box 41484,Philadelphia,PA 19101
INSURER B:SENTRY INSURANCE A MUTUAL CO. A+XV 24986
1800 North Point Dr.,Stevens Point,WI 54481
INSURER C:ACE AMERICAN INSURANCE COMPANY FOR A+XV 43575
CA,FL,WI AND EX WC;INDEMNITY INS.
CO OF NORTH AMERICA FOR ALL OTHERS
PO Box 41484,PhlladetphlaipA 19101
INSURER D:ACE PROPERTY&CASUALTY INSURANCE A+XV 20699
COMPANY
436 Walnut Street,Philadelphia,PA 19106
*A.M. Best ratings of insurers are provided for information purposes only and are based upon information with respect
to such ratings available to Marsh USA Inc. on the date set forth herein with respect to such ratings. Marsh USA Inc.
will have no responsibility or obligation to, inform the certificate holder or any person relying upon this certificate of any
changes in such A.M. Best ratings occurring after such date. Marsh USA Inc. will have no liability with respect to the
solvency or future ability to pay claims of any of the insurance companies which have issued the insurance policies
referenced herein.
**The Auto Liability placement was made by Risk Management Resources, inc., 121 W.Wacker Dr., Suite 2325,
Chicago, IL. Marsh USA Inc.acts in the role of consultant to the Insured with respect to this placement,which is
indicated for your convenience.
Packet Page-1620-
1/8/2013 Item 16.E.5.
POLICY NUMBER: HDOG25521390 COMMERICAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person(s)Or Organization(s):
If required by contract, Collier County
Location(s)Of Covered Operations
As required by contract,
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Endorsement#A2
ADDITIONAL,INSURED OWNERS,LESSEES OR CONTRACTORS NAMED INSURED'S ACTS
u k Y ' .. �: OR OMISSIONS ONLY r .[
A. Section Il—Who is An insured is amended to B. With respect to the insurance afforded to these additional
include as an additional insured the person(s)or insureds,the following additional exclusions apply:
organization(s)shown in the Schedule,but only with
respect to liability for'bodily injury",'property damage'or This insurance does not apply to"bodily injury'or
`personal and advertising Injury'caused solely by: 'property damage"occurring after.
1. Your acts or omissions;or 1. All work,including materials,parts or equipment
furnished in connection with such work,on the
2. The acts or omissions of those acting on your behalf; project(other than service,maintenance or repairs)
to be performed by or on behalf of the additional 1
in the performance of your ongoing operations for the insured(s)at the location of the covered operations
additional insured(s)at the location(s)designated above. has been completed;or
2. That portion of'your work"out of which the injury or
damage arises has been put to its intended use by
any person or organization other than another
contractor or subcontractor engaged in performing
operations for a principal as a part of the same
project
Endorsement#A2A
ADDITIONAL INSURED ..OWNERS,LESSEES,;OR GONTRACTORS-COMPLETED OPERATIONS
NAMED!,INSURED'S ACTS OR OMISSIONS ONLY
Section it—Who is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the
Schedule,but only with respect to liability for"bodily injury'or"property damage"caused solely by"your work"at the location
designated and described in the schedule of this endorsement performed for that additional insured and included in the"products-
completed operations hazard.'
Packet Page -1621-
1/8/2013 Item 16.E.5.
AGREEMENT10-5373
for
Energy Management Services
THIS AGREEMENT, made and entered into on this day of J1,
2011,by and between Tampa Bay Systems Sales,Inc. d/b/a Tampa Bay Trane., authorized to
do business in the State of Florida, whose business address is 902 N. Himes Avenue, Tampa,
Florida 33609, hereinafter called the "Contractor" and Collier County, a political subdivision
of the State of Florida,Collier County,Naples,hereinafter called the "County":
WITNESSETH:
•
1. COMMENCEMENT. The contract shall be for a three (3) year period,commencing on
March 1,2011, and terminating on February 28,2014.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional three (3) year periods. The County shall give the Contractor written notice
of the County's intention to extend the Agreement term not less than ten(10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide HVAC and/or energy
management services for construction, retrofit, and/or maintenance services on any
County facility involving any of the systems, services or products in accordance with
RFP 10-5373 and the terms and conditions of Agreement. The Contractor will be
responsible for engineering, design knowledge, and compliance with all relevant local,
State and Federal codes and regulations. The pricing schedule in Exhibit "A," attached
hereto and incorporated herein by reference, as well as additional services as required
and mutually negotiated and agreed upon in writing by the County and the Contractor,
will be considered part of this Agreement.
2.1 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 Policy and Administrative Procedures in effect at the time such
services are authorized.
2.2 Ownership to and title in any and all equipment, materials, items or devices
installed by the Contractor in a County facility shall pass to the County upon the
Page 1 of 8
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• 1/8/2013 Item 16.E.5.
acceptance by the County of said equipment, materials, items or devices in the County
facility.
2.3 The Contractor shall provide to the County all record drawings, operating
instructions, and maintenance procedures for all equipment and control systems
installed under this Agreement
2.4 For projects performed by the Contractor directly or indirectly for the County, the
performance of the work shall be subject to and governed by the terms and conditions
of this Agreement.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of
this Agreement an estimated annual amount of one hundred sixty thousand dollars
($160,000.00),based on the unit prices set forth in Exhibit"A," subject to Change Orders
as approved in advance by the County. Payment will be made upon receipt of a proper
invoice and upon approval by the Facilities Manager or his designee, and in compliance
with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt
Payment Act."
3.1 The County shall pay the Contractor for the performance of this Agreement in
accordance with any of the following three (3)payment methods:
A. Emergency work will be performed on a time and material basis.
B. For construction (new work), retrofit projects and routine maintenance services,
the Contractor may submit a proposal,either on a lump sum basis or a time and
material basis with a "Not to Exceed" total,at the discretion of the County. All
pricing shall be based on the rates indicated in Exhibit"A." Each proposal shall
be supported by a completed spreadsheet, the template for which shall be as
shown in Exhibit"B," attached hereto and incorporated by reference. For lump
sum proposals, the spreadsheet is for identifying resource allocation only and
not required for payment processing. The County shall pay the Contractor for
the performance of work outlined in each proposal as accepted and approved
by the Director of Facilities Management or his designee in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time
such services are authorized. Departmental requests for services shall be paid
upon completion or partial completion of the work tasks as accepted and
approved by the appropriate Department Director or his designee pursuant to
the Contractor's proposal and schedule for that department.
C. Payment for maintenance service contracts shall be paid according to the terms
of each maintenance contract in compliance with the County Purchasing Policy
and Administrative Procedures in effect at the time such services are
authorized.
Page 2 of 8
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• • 1/8/2013 Item 16.E.5.
3.2 All prices in Exhibit "A" may be adjusted by the County on the anniversary date of
the Agreement, based on the annual change to the Consumer Price Index-Southern
States, under "All Urban Consumers, All Items," using the latest release available
preceding the notice of the adjustment. The County shall determine the value, if any, of
this annual adjustment. The Contractor must request an adjustment in writing,no more
than thirty (30)calendar days after the anniversary date of this Agreement.
3.3 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 "lathes" as
untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this agreement.
4. 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.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Jay Allison,President
Tampa Bay Systems Sales, Inc. d/b/a Tampa Bay Trane
902 N. Mimes Avenue
Tampa,Florida 33609
Telephone: 813-877-8251
Facsimile: 813-877-5162
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department-Purchasing Building
3327 Tamiami Trail,East
Naples,Florida 34112
Attention: Steve Carnell,Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
Page 3 of 8
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• • 1/8/2013 Item 16.E.5.
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 Agreement must
be in writing.
6. 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.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., 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.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County,the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever,County facilities for any improper,immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per 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.
10. NO DISCRIMINATION.The Contractor agrees that there shall be no discrimination as
to race,sex,color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Page 4 of 8
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• • 1/8/2013 Item 16.E.5.
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 $500,000 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$500,000
for each accident.
Special Requirements; Collier County Government shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
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 insure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to,.reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utili zed 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.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Facilities Management Department.
14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
Page 5 of 8
Packet Page -1626-
• • 1/8/2013 Item 16.E.5.
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, RFP #10-5373 Specifi-
cations/Scope of Services and Exhibits "A" and"B."
16. SUBTECT 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.
17. 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, 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.
18. 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.
19. 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.
20. 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.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contractor,subject to approval by the County.
22. 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
Page 6 of 8
Packet Page-1627-
41 • 1/8/2013 Item 16.E.S.
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 art
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under,section 44.102,Fla. Stat.
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.
23. KEY PERSONNEL/PROTECT STAFFING: The proposer's personnel and management
to be utilized for this project shall be knowledgeable in their areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary to
insure that competent persons will be utilized in the performance of the contract.
Selected firm shall assign as many people as necessary to complete the projects on a
timely basis, and each person assigned shall be available for an amount of time adequate
to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel
unless the following conditions are met: (1) Proposed replacements have substantially
the same or better qualifications and/or experience. (2) that the County is notified in
writing as far in advance as possible. Firm shall make commercially reasonable efforts to
notify Collier County within seven (7) days of the change. The County retains final
approval of proposed replacement personnel.
•
OW,
Page 7 of 8
Packet Page-1628-
. • 1/8/2013 Item 16.E.5.
IN WITNESS WHEREOF, the Contractor and the County, have each,respectively,by an
authorized person or agent,hereunder set their hands and seals on the date and year first above
written.
•
BOARD OF COUNTY COMMISSIONERS
st 'e Qc COLLIER COUNTY,FLORIDA
Dwight Esro :C1er1�o ,Cou '
+ 3At.k rd. ile to
By: Lf C�v �! By:
Dated: iria /, ;arr#" Fred W. Coyle,Chairman
(SEAL,
i i as ill_ .
Approved as to form and
legal sufficiency:
5-r-- L7 /1?e-sadvx-4
Deputy County Attorney
SCOTT R. TEACH
Print Name
Tampa Bay Systems Sales,Inc.
d/b/a Tampa Bay Trane
•jçactor
B •
First Witness Signature
C\aMD?
1'Ty.e/p ' t witness namet
• ��I_ _Alit j Jay B. Allison,President
Second Witn- Typed signature and title
E zobb-h Salazar
TType/print witness namet
i
Page 8 of 8
Packet Page -1629-
• • 1/8/2013 Rem 16.E.5.
EXHIBIT A
Agreement#10-5373 Energy Management Services
Tampa Bay Systems Sales,Inc.
Personnel Category Regular Time Overtime Holiday Time
General Mechanical Work $90.00/hr. $135.00/hr. $135.00/hr.
Light Commercial Units
<20 Tons $80.00/hr. $120.00/hr. $120.00/hr.
Commercial DX=/>than 20 Tons $90.00/hr. $135.00/hr. $135.00/hr.
Chiller Mechanic $105.00/hr. $160.00/hr. $160.00/hr.
Controls Technician $105.00/hr. $160.00/hr. $160.00/hr.
Parts Markup 25%
Materials Markup 25%
Packet Page-1630-
• • 1/8/2013 Item 16.E.5.
EXHIBIT B
Job Name:
Collier County Government 661-2000 Collier PO5:
List Price Qua Discount Adjusted Price
Markup Material and Parts arkup of 25%) 0.25 $0.00
$0.00
$0.00
$0.00
$0.00
Total Material and Parts Cost $0.00
Rate Hours/Mlles Adjusted Price
Personnel Categories $0.00
General Mechanical Work 90.00 $0.00
Light Commer al units<20 tons 80.00 $0.00
Commercial DX-!•than 20 tons 90.00 _ $0.00
Chiller Mechanic 105.00 $0.00
Controls Technician 105.00 $0.00
$0.00
$0.00
$0.00
Total Labor $0.00
Cogler County Permit 0.00 0
TOTAL JOB fREFI
Packet Page -1631-
1/8/2013 Item 16.E.5.
A�° °` CERTIFICATE OF LIABILITY INSURANCE DATE 9/2'x"'011 '
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES ,, ,;
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER coNrrA Giselle Srhriis ci-
Commercial Lines-(813)639-3000
Welts Fargo Insurance Services USA,Inc. WC .Ea) 813.639.3035 FAX INC.Not 813.639.7180
2502 N.Rocky Point Drive,Suite 400 P 9 eile•sCh17251
RODUCER lisfergo.com
CUSTOMER ID 1k 17251
Tampa,FL 33607 INSURER(S)AFFORDING COVERAGE HNC r
INSURED N/SIIRERA: Westfield insurance Company 24112
Tampa Bay Systems Sales,Inc.dba Tampa Bay Trane rNSIatER e: Continental Casualty Company 20443
PO Box 18547 INSURER C: FFVA Mutual Insurance Company 10385
INSURER D:
Tampa,FL 33679 INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: 2454042 REVISION NUMBER: See below
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NOR i TYPE OF INSURANCE i ss vo POLICY NUMBEt JMNIDOIYYYY) IMWDDIYYYY1 LIMITS
A GENERAL LIABILITY CMM1946402 12131/2010 12/31/2011 ,EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY PRREMISEE6 Es( ss tccu ranee) $ 160.000
CLAIMS-MADE El OCCUR
MED EXP(Any one person) $ 10,000
X Blanket Al PERSONAL 3ADV INJURY $ 1,000,000
X Blanket Waiver GENERAL AGGREGATE S 2000,000
GEN'L AGGREGATE IT APPLIES PER PRODUCTS-COMP/OP AGG $ 2.000.000
7 POLICY I ^ 1 JFS.T DTI LOC S
A AuromerLE LuumurY CMM1946402 12/31/2010 12/3112011 COMBINED SINGLE UMIT $ 1,000,000
(Ea accident)
x ANY AUTO BODILY INJURY(Per person) $
ALL OWNED AUTOS BODILY INJURY(Par accident} S
SCHEDULED AUTOS PROPERTY DAMAGE
HIRED AUTOS
aodden
(Per °) $
X
_
X NON-OWNED AUTOS $
$
B X UMBRELLA UAB x Opera 2090856223 12/31/2010 12/31/2011 EACH OCCURRENCE $ 7,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE S 7,000.000
DEDUCTIBLE _ $
RETENTION S S
WORKERS COMPENSATION I WC STATU• I IOTH- 500,000
C AND EMPLOYERS•LIABILnY Y/N WC8400019477 1/01/2011 1/01/2012 TORYLIMITSL ER
ANY PROPRIETOR/PARTNER/EXECUTIVE ! NIA E.L EACH ACCIDENT $ 500,000
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) EL DISEASE-EA EMPLOYEE$ 500,000
If yes.describe under
DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT S
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Addltloted Remarks Schedule,If more apace Is required)
RFP#10-5373 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS IS INCLUDED AS AN ADDITIONAL INSURED WITH REGARD TO
GENERAL LIABILITY COVERAGE ONLY.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE
COLLIER COUNTY BOARD OF COUNTY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
COMMISSIONERS
3301 EAST TAMIAMI TRAIL AUTHORIZED REPRESENTATIVE
NAPLES FL 34112 9td4ii_.
I I
(TMs calcate replaces ceNfcatee 2376769 Issued on 2/21/2011) 01988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD
Packet Page-1632-
1/8/2013 Item 16.E.5.
EXHIBIT A-1 Contract Amendment#2 to Contract 10-5373
"Energy Management"
This amendment, dated January 8,2013,to the referenced agreement shall be by and between the
parties to the original Agreement, Johnson Controls, Inc. (to be referred to as "Contractor") and
Collier County,Florida,(to be referred to as"Owner").
Statement of Understanding
RE: Contract# 10-5373 "Energy Management Services"
Section 3.0 Shall be modified to read:
THE CONTRACT SUM. The County shall pay the Contractor for the performance eis
based on the unit prices set forth in Exhibit "A," subject to Change Orders as approved in
advance by the County. Payment will be made upon receipt of a proper invoice and upon
approval by the Facilities Manager or his designee, and in compliance with Chapter 218, Fla.
Stats., otherwise known as the"Local Government Prompt Payment Act."
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an
authorized person or agent,hereunder set their hands and seals on the date indicated above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Georgia A. Hiller,Esq., Chairwoman
Approved as to form and
Legal sufficiency:
SJ�7
Scott R. Teach
Deputy County Attorney
1
Packet Page -1633-
1/8/2013 Item 16.E.5.
CONTRACTOR:
OP 44° Johnson Controls,Inc.
OF By:
First Witness tune
DeAkE i iee19/ iekt-tY geo.efif •J CM A4 .
Type/Print Witness Name Typed Signature/Title
JOB,
Second Witness
Type/Print Witness Nam:
•
2
Packet Page-1634-
1/8/2013 Item 16.E.5.
EXHIBIT A-1 Contract Amendment#2 to Contract 10-5373
"Energy Management"
This amendment,dated January 8,2013,to the referenced agreement shall be by and between the
parties to the original Agreement, Tampa Bay Systems Sales, Inc. d/b/a Tampa Bay Trane, (to be
referred to as"Contractor")and Collier County, Florida, (to be referred to as"Owner").
Statement of Understanding
RE: Contract# 10-5373 "Energy Management Services"
Section 3.0 Shall be modified to read:
THE CONTRACT SUM. The County shall pay the Contractor for the performance of is
. :co !e t■
based on the unit prices set forth in Exhibit "A," subject to Change Orders as approved in
advance by the County. Payment will be made upon receipt of a proper invoice and upon
approval by the Facilities Manager or his designee, and in compliance with Chapter 218, Fla.
Stats., otherwise known as the"Local Government Prompt Payment Act."
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Contractor and the County have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date indicated above.
A1-1'EST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Georgia A. Hiller,Esq. Chairwoman
Approved as to form and
Legal sufficiency: ^
Sled
Scott R. Teach
Deputy County Attorney
1
Packet Page -1635-
1/8/2013 Item 16.E.5.
CONTRACTOR:
Tampa Bay Systems Sales,Inc. d/b/a Tampa Bay
Trane
\Jbkf'f,".Crv\44106 B�
First Witness Signature
rmeliar ( 0I',' (K Dc.e„,c.3 / InA..1OtV
Type/Print Witness Name Typed Signature/Title U
Second Witness
�'>At\Le 13 r C Li S;
Type/Print Witness Nannc
Packet Page-1636-