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Agenda 09/23/2008 Item #16E 7Item # 16E7 September 23, 2008 Page 1 of 40 EXECUTIVE SUMMARY RECOMMENDATION TO EXTEND Contract #99 -2961 "ENERGY MANAGEMENT / BUILDING CONTROLS" TO JOHNSON CONTROLS, INC., AS INTENDED BY THE ORIGINAL REQUEST FOR PROPOSAL (RFP). OBJECTIVE: To obtain approval from the Board of County Commissioners to extend Contract #99 -2961 "Energy Management / Building Controls" to Johnson Controls, Inc., as intended by the original Request for Proposal (RFP). CONSIDERATIONS: In February 2000, the Board approved an Agreement with Johnson Controls, Inc., based on Contract #99 -2961 for Energy Management and Building Controls. The RFP clearly stated that the agreement was for a five (5) year period with one additional five (5) year renewal period. The renewal term was not stated in the actual Agreement. This typically is not a problem since there is usually boiler plate language that incorporates the RPF and its contents in the Agreement. In this case, the language was inadvertently left out. This Agreement officially terminated on February 22, 2005, but was intended to end February 22, 2010, as documented within the RFP. Staff is recommending that the Board officially extend the Agreement to its intended termination date and ratify all expenditures associated with this Agreement including those made between February 22, 2005, and the date the extension is approved. FISCAL IMPACT: Funds for these types of expenditures are budgeted within each of the Department's cost centers and construction budgets. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item, which in essence seeks the correction of a scrivener's error, is legally sufficient for Board action. -JAK RECOMMENDATION: That the Board of County Commissioners extends Contract #99 -2961 "Energy Management / Building Controls" to Johnson Controls, Inc., as intended by the original RFP. PREPARED BY: Skip Camp, CFM, Director, Department of Facilities Management Item # 16E7 September 23, 2008 Page 2 of 40 Recommendation to extend Contract #99 -2961 & #8220;Energy Management /Building Controls" to Johnson Controls, Inc., as intended by the original request for proposal (RFP). Prepared By: Department Date Facilities 9/5/2008 11:49:43 AM Approved By: Department Approval Date County Manager's Office Approved 9/14/2008 1:10 PM ATTACHMENTS: Name: Description' Type: 0 Exe Sum. Johnson Controls _Extend Contract 08 FINAL i Executive Summary Executive Summary COPY.doc D Agreement_ 20080814210618 328_ X.pdf Johnson Controls Agreement Agreement D Johnson RFP.pdf Johnson RFP Request for Proposal September 23, Page 3 of 40 THIS AGREEMENT, made and entered into on this 22nd day of February, 2000, by and between Johnson Controls Inc., hereinafter called the "Contractor', and Collier County a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the 'County": COMMENCEMENT. The Contract term shall be for a five (5) year period, commencing on February 22, 2000 and terminating on February 22, 2005. 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 and 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 thirty (30) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Contractor shall provide energy management services in accordance with the scope of work of RFP # 99- 2961- Energy Management for construction, retrofit, and/or maintenance services on any County facility involving any of the systems, services or products noted in the scope of work in RFP # 99 -2961. Pricing schedules on Exhibit "A" (attached hereto and incorporated by reference), as well as additional services as required and mutually agreed upon in writing by County Departments and the Contractor will be considered part of this Agreement. Subject to any and all security Interests, lien rights, or other rights or remedies available to the Contractor by law or pursuant to applicable contract documents, for the purposes of this Agreement, 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 acceptance by the County of said equipment, materials, items, or devices in the County facility. 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 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. COMPENSATION / PAYMENTS: The County shall pay the Contractor for the performance of this Agreement following any of three (3) payment methods. -1- Page 4 of 40 Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Statutes otherwise known as the `Florida Prompt Payment Acf, The Facilities Director or his designee reserves the right to audit any invoice. The payment methods are as follows: A. Routine maintenance services for time and materials under three thousand dollars ($3,000) shall be paid based on the price structure of Exhibit W. These charges are for fimd and materials plus any applicable markups disclosed in Exhibit "A" together with the cost of any other charges /fees submitted in the proposal. Emergency services may not be subject to the three thousand dollars ($3,000) limit and shall be paid by time and material. Any County agency may purchase products and services under this Contract, provided sufficient funds are included in their budget(s). IL For Construction (new work), retrofit projects and routine maintenance services that exceed three thousand dollars ($3,000), the Contractor shall submit "Not to Exceed" proposals based on the rates as indicated in Exhibit "A ". The County shall pay the Contractor for the performance of work outlined in the "Not to Exceed" proposals, as accepted and approved by the Director of Facilities Management or their designee. Additional 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 their designee pursuant to the Contractor's proposal and schedule included in each "Not to Exceed" proposal(s) for that department. r, Payments for maintenance service contracts shall be paid according the terms of each maintenance contract as mutually agreed upon by Contractor and approved by the Director of Facilities Management or designee. All prices in Exhibit "A ": may be adjusted on the anniversary date of the Agreement (February 21, 2001), based on the annual change to the consumer Price Index- Southern States, under "Ail Urban Consumers, All Items ", using the latest release available preceding the notice of the adjustment. The owner shall determine the value of this annual adjustment. The Contractor must request written notice of an adjustment request no more than thirty (30) calendar days after the anniversary date of the agreement. 4. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail to the Contractor at the following address: Johnson Controls Inc. 3802 Sugar Palm Drive Tampa Florida, 33619 -1376 -2- Item # 16E7 Page 5 of 40 All notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County at the following address: Collier County Government Complex Facilities Management Department 3301 East Tamiami Trail General Services Building Naples, Florida 34112 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, 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 intemally 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. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 191 September 23, Page 6 of 40 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 immediately 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, Combined Single Limit for Bodily Injury Liability and Property Damage Liabiilty. 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. Soecial Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. 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 30 days prior to any expiration date. There shall be a 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. 11. INDEMNIFICATION: The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or -4- i-- Item # 16E7 September 23, Page 7 of 40 incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack or, sufficient insurance protection. The first one hundred ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. THIS AGREEMENT shall be administered on behalf of the County by the Facilities Management Department. 13. COMPONENT PARTS OF THIS CONTRACT• This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP No. 99 -2961 Specifications and Exhibit W. 14. SUBJECT TO APPROPRIATION. It Is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. -5- Page 8 of 40 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by a authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTE$T` :, , Dwight E. (Brock, Clerk of Cgu�rts; Bye Dated: attes, <;{ ")Chafrwtr'f stgn@ttire only. — X First Witness Robert Benson Type/ ' t Witnes IVai e Second Witness Cathee Loehn Type /Print Witness Name Approved as to form and le a Robert Zach Assistant County Attorney BOARD OF COLLIER G 0 Johnson Controls, Inc - - - a By: ' Signature Michael E. Collins Typed Signature Area General Manager Title CORPORATE SEAL (Corporations Only) Item # 1 Page 9 of 40 Exhibit "A" to the Energy Management Contract Prices Effective March, 2000 through March , 2001 Energy Management RFP # 99 -2961 Johnson Controls Inc. Services Category Hourly /Rata/Markup Contraction Personnel Application Engineer Clerical Drafting, Material Handling Mileage Project Engineer Sales Engineer System Representative Overtime HVAC Service Personnel Clerical Material Handling Mileage P.M. Inspector Project Engineer Sales Engineer Service Mechanic Service Technician Overtime Trip Charge / On -Call Fire & Security Services Clerical Material Handling Mileage P.M. Inspector Project Engineer Sales Engineer Service Mechanic Service Technician Overtime Trip Charge / On-Call Subcontractor Subcontracted Services (includes Communications Systems and other services provided through sub - Contractors). Non- Johnson Controls, Inc. Catalogued Products Parts $ 56.00 $ 45.00 $ 45.00 $ 45.00 Reimbursed at County rate for employees $ $ 57.00 $ 57.00 $ 57.00 1.5 X Standard Rate $ 45.00 $ 45.00 County Rate N/A $ 57.00 $ 57.00 $ 75.00 $ -4Bfi4e. g5� —°—� 1.5 X Standard Rate After Hours 4 hour Min 61z1 o0_� $ 45.00 $ 45.00 County Rate N/A $ 57.00 $ 57.00 N/A 1$.5 X Standard Rate After Hours 4 hour Min JCI +10% Vendor Quote + 10 % In -house Materials List + Tax + Freight Discounts List X .4275 Outside Vendor Materials 30% Cost of freight delivery, from the Factory to its final destination, Freight will be calculated on a job -by- ob Basis. R� CONTLSNSON I vGFLl FIIVUF LO Johnson Controls, Inc., .' , Page 10 Of 40 5757 N. Green Bay Avenue Post Office Box 591 Milwaukee, WI 53201 -0591 Tel. 414/228 1200 nZ1&U'rZON OF DDTBomw The undersigned, President of Johnson Controls, Inc., a Wisconsin corporation, pursuant to the authority vested in him by a certain resolution adopted by the Hoard of Directors of the Company on January 23, 1980, hereby authorizes Michael E. Collins Area General Manager Tampa Branch Office 3802 Sugar Palm Drive Tampa, FL 33619 -1376 to perform, on behalf of the company, the acts described below: To execute and deliver any and all contracts for the performance of work, sale of goods, and furnishing of services, and any other instruments in connection therewith and in the ordinary course of business. The collection, receipt and recovery of monies due or to become due to the Company and the issuance of receipts and releases for the payment thereof. This authority does not extend to: a. the execution of surety, performance or bid bonds; b. the signing of any notes, contracts, or any other agreement to borrow money in the name of the Company; and C. the signing, on behalf of the Company, of any deeds, abstracts, offers of purchase, or any other instruments pertaining to the purchase or sale of real property. This authority shall remain in full force and effect until revoked in writing by the President of the company. Signed and sealed at Milwaukee, Wisconsin, this 6th day of March ?.OIIO —• e ./ 99 r.. Page 11 of 40 uM1MMa AGORD 11/29/99 9 THIS CERTINCATE a ISSUED AS A MATTER OF INFORMATION Freolleu Marsh USA me HOLDER. THIS TH S CERTIFICATE DOES NUOTT AMEND, EXTEND OR 411 East Wisconsin Avanue ALTER THE COVERAGE AFFORDED By THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE I ,film Bog MNreukas, WI 532D2 Attn: CPU, Phone: (414) 280 -4700 cwAANr Hartford Fire Insurance Company Johnson CmNOaL Ina Attic CorPaale Hlrk Management X-02 RHIB y Sentry Insurance A Mutual Co. Johnson Consols Beery Gnaw. Im P.O. Box 591 ns Johnson Coatis Ward SNYloas Y1e M aiaukvF, WI 53201 ODMPANY Johnson Controls InOHiors of Michigan LLC. C National Union Fire Insurance Company Johnson Controls of Puerto Rico, Inc. , caTdaey gran inc. Reliance National Indemnity Company THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THS CERTIFICATE MAY BE ISSUED OR MAY PERTAK THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY iUVE BEEN REDUCED BY PAID CWMS. LM IYPE aFNWRANQ POUCYNIl1Ye11 POLICY efliCriYe WM(IYIM/rT) P0.lCY eRleAIIDN wMalMmrYY1 Lees GWAPAL LLASerrr(1)(2) GENERAL AGGREGATE 6 51000,000 PRODUCTS,- COMPIMAGO s 5'000,000 A X COIAMFiGMLGETEMLumurY 83CSED62363 10 -1 -99 10- 1.2000 cljuw E x❑ OCCUR PER I0 AAso RUJRY $ 5,000,001) EArI +OCaIaRErlce s 5,000000 1 OWr1Exs It WNTRACTOW3 PROr aRG LAAUOe wewl s 5,000,000 Contractual x I CG2010 1 WA Additional I MEO ow I w 6 SO.= wined-Owners, Lanese, or Fare i ANOYOeIe LMNtm'(1)(2) come ID sNLLIE LWIT S 200o,000 e' x ANY AUTO 90.04606 -01 10 -1.99 10.1.2000 ernes KuRY $ x AuowraFa AVroe X WN DULEOAUTOe P'w peANIMi x HIED AUT08 somy NJJRY 6 IPNeOrvee x NDraowNEOAUroB FROPERT'l pALIKLE 6 Physical Damage (1) (3) eASAaeLwam Aura MY- EA ACGOENT 6 OTHERTNNLAl1TOONLY: ANY Aum FACHAccloevr s AGGREGATE s DASAIry TFRCE EACHOCL 9I 6 5.000.000 Q OMB x ULe11FatAFORM BE- 357.68 -17 10 -1 -99. 10.1.2000 AGGREGATE s 5000000 s "M v+csrATU 2 MEMNON 1roRxou OOrarATRMD l�l NWA0124477 -03 10 -1 -99 10 -1 -2000 x D ernoreRS�u.surr aEACNAwoor s laoo aoo ELOneEASE- POLICY IaAnT 6 1000 THe PROPRISIOW X IN0. The Raunce Pare spPee n e6 JCI NwsentrNre eNNP bIM eNNnsuso g PI DNeAae-EAEMOTEE 5 1.000,000 PAIVIVATISnOWCUTNE OOFFMFICR�S AM 1= odbe lawbrrierMpe1r0e1rIPL. (1) ADDITIONAL INSURED/LOBS F AYEE: Includes coverage for Additions I Insureds A Lose Pwisee, r require I by leap or =,aKiL Where required by Ipsot ar mrltrpaacyL V�diesc1ove Is Pfta7 � na excess of or wIM ogle neur ar eatl- mdnm4Nd by Mdtlaml by WWANVEAsOF�BLIBfiOO TNJN: 1 waive eunrop�m m the pn required DEDIx:TBLEB: ACV lap 1 000 d a/Collelan ACV We 1000 rJl61e. 000 1, F" name Nar1eM of Additional kmurad B Required Collier County RFP #99 -2961 "Energy Management' 11111RRD ANY OF M AMM DNOWARD POLAee p CANCILUM UPON Tit @tATIOM DAM TreaDF, M 02OM COMPAW s ERNME M MAIL, ..oliier County Board of County Commissioners 30 wYS t Nonee m Ina r81MN0JLTa =Lam NAMOTD lm �. 3301 East Tamiaml Trail 1. Naples, FL 34112 AunelsasoseFrreLrArns ` . Coiner County Florida Insurance Requirements RFP #99,2901 INSURANCE TYPE REQUIRED LIMITS X I. Workers' Compensation X 2 Commensal General Liability (Occurrence Form) pattemed after the 19951.S.O. form with no Drilling endorsements. _Item # 16E7_ September 23; Page 12 of 40 Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limns and RequkementL '.XI V,r r X 3. Indemnincelion The Consultant, in consideration of One Hundred Dollars (5100.001 the receipt and sufficiency of which is adcrowledgad ttuoagh the signing of this document, shad protect, defend, kKk mstiljr and hold Caller County and its officers, employees and agents hamdess from and against any and al losses; penaftles, damages, MO%Osb". 110W inclUdha attorney fees and ad costs of litigation and judgments arising. out of any wMd misconduct or negligent act, error or omission of this Constillaro, iti'xubcorteultants; agents or employee., arising out of or incidental to'the performance of this contractor... work performed thereunder. This provision shad also pertain to any deems brought against the County by any employee of the named Consultant, any suboonWARK subcontractor, or anyone directly or kx*ecgy employed by an of them. This section does not pertain to any incident arising from this sob negligence of Coiner County. 4. �-o ned S. Eate Occurrence Aubinabili'liteditled ...... " ..... . 5. Other Insurance as indicated below. e) Professional Liability $ Per Occurrence The Consultant shad be solely responsible to parties with whom it shad deal in carrying out the terms of this agreement and shad hold the County harmless against ad claims arising from the negligent acts, errors, or omissions of consultant by third paroles. 4 , M Item # 16E7 - - -- - September 23, Page 13 of 40 Collier County Florida Insurance Requir4menb (Continued) X d. Contractor shall insure that all subcontractors cornplY with the same insurance reglriraments that he Is required to meet The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. X 7. Collier County must be named as 'ADDfT1ONAL INSURED" on the Insurance Certificate for Commercial General Uabli ty. XC 8. Collier County Board of Calmly Commissioners shall be named as the Carb7lcate, Holder. NOTE: The "Certificate Holder' should read as follorrs: Collor County Board of County Commissioners 3301 East Tamismi Trail Naples, FL 34112 X 9. Thirty (30) Days Cancellation Notice is required. . 10. The Certificate must state the R& Number and Title. BIDDERS AIl47;gJSURANCE AGENT STA"fEMENF:.:. Mfe understand the insurance requirements contained In thaw specificadOM, and.ibat the evidence of said insurance may be required within five (5) buskmms days of the award of bid. Item # 16E7 September 23, Page 14 of 40 "A COLLIER COUNTY GOVERNMENT 3301 EAST TAML9MI TRAIL GENERAL SERVICES BUILDING NAPLES, FLORIDA 34112 (941) 774 -8425 FAX (941) 732 -0844 httP://co.collie r.fl.ue DATE: November 1, 1999 TO: Prospective Proposers FROM: Rhonda L. Tibbetts, Purchasing Agent SUBJECT: RFP #99 -2961 "Energy Management' � Pursuant to County Administrator action, the Board of County Commissioners desires to receive proposals from qualified Energy Management and Building Controls Contractor (s) to provide a comprehensive Building Management Services to support the installation, maintenance and retrofit of Energy Management and Environmental Control Systems for various Collier County Government Buildings including new construction and existing. These professional services will include, but not be limited to the "Scope of Services" as described herein. Proposals submitted must include all requested information and documents as identified in this Request for Proposal under Proposed Response Format and Required Submittals. If you have any immediate questions regarding the intended Scope of Services, you may contact Daniel R. Rodriguez, Facilities Manager, at 941 - 774 -8380 or e-mail Dan Rodriauezna colliergov net Procedural queries may be directed to me at 774 -8425 or e- mail RRl ondaTibbettsnn collier ov net. We look forward to your participation in this RFP process. cc: Daniel R. Rodriguez, Facilities Management r- I em # 16E7 eptember 23, Page 15 of 40 PUBLIC NOTICE OR REQUEST FOR PROPOSALS Pursuant to County Administrator action, Sealed Proposals for RFP # 99 -2961 will be received until 3:00 p.m. on December 3, 1999 at the Purchasing Department, Collier County Government Center, 3301 East Tamiami Trail, General Services Building, Naples, Florida 34112. RFP #99 -2961 Energy Management All proposals shall be submitted in accordance with the Instructions to Proposers and the Request for Proposal Specifications. Collier County does not discriminate based on age, race, color, sex, religion, nationality or origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /S/ STEVE CARNELL Purchasing Director This Public Notice was posted in the lobby of the General Services Building, Collier County Government Center on November 1, 1999. RPPNo. 99296/ "EnerQVManaeement " II em # 16E7 Paee eptember 23, Page 16 of 40 NON- PROPOSER'S RESPONSE For purposes of maintaining an accurate vendor's list and facilitating your firm's response to our RFP, we are interested in ascertaining reasons for prospective proposer's failure to respond to this RFP. If your firm is not responding to this RFP, please indicate the reason(s) by checking any appropriate items(s) listed below and return this form to Ms. Rhonda Tibbetts, Purchasing Agent I, Collier County Purchasing Department, General Services Building, 3301 Tamiami Trail East, Naples, Florida 34112. We are not responding to this RFP for the following reason(s): ❑ Services or materials requested not manufactured by us or not available to our company; ❑ Our services or materials do not meet specifications; ❑ Circle one - Specifications were: Not clearly understood, Not applicable, Too vague, Too rigid, or ❑ Insufficient time allowed for preparation of RFP; ❑ Incorrect address used. Please correct: Other reason(s): Name of Firm: Mailing Address: City, State, ZIP: Phone ( ) FAX( M Signature of Representative Item # 16E7 .member 23 Page 17 of 40 SCOPE OF SERVICES The Board of County Commissioners of Collier County, Florida is seeking proposals from qualified Energy Management and Building Controls Organizations interested in providing complete scope of services for the installation, maintenance, construction and retrofit of building automation systems and temperature control products and equipment in County Government buildings. The contract term shall be for a period of five (5) years with the option to renew the Agreement for an additional five (5) year term. Said options are to be exercised at the sole discretion of the County. Collier County may award Contracts to one or more contractors for these services. The selected contractor(s) will be responsible for providing complete building maintenance services for a wide range of projects, as may be required by Collier County. These services may include new installation for capital projects as well as maintenance and repair and /or replacement of obsolete energy and environmental management systems. The selected firm will be responsible for engineering, design knowledge, and compliance with all relevant local, State, and Federal codes and regulations. Collier County Facilities Management Department is responsible for maintaining the �_. many HVAC, electrical, security and fire alarm systems in buildings throughout Collier County. These buildings include the County Jail, Courthouse, Administration buildings, as well as, outlying buildings, the Estates Library, the Main Library and the Medical Examiner's Building. In order to maintain the integrity and continuous operation of these systems, the County intends to enter into agreements with selected vendor(s) to provide services requested in the Scope of Service of this Request for Proposals. CURRENT ENVIRONMENT (OVERVIEW) The Facilities Management Department is comprised of nine sections: Capital Renovations, Building Maintenance, Janitorial Service, Indoor Air Quality, Contractual Compliance, Landscape Maintenance, Campus & Court Security, Fleet Management and Motor Pool Capital Recovery. The Department is responsible for the maintenance, security and management of all County properties. The following is a statistical summary of the existing size and make -up of Collier County's Buildings. A. Management of 310 separate buildings & structures B. Maintenance and supervision of over 1,172,031 square feet of usable space. C. Personnel resources of 105 full time and contracted employees D. Customer base of over 56 separate departmental agencies Item # 16E7 DESIGN The selected firm will be responsible for the preparation of proposals including complete drawings and specifications describing all methods, materials, procedures and quality control measures. The proposals should be sufficiency detailed to assure a full and complete installation of equipment and services described under basic services. BASIC SERVICES (To be provided by selected firm(s)) I. Energy Management and Building Automation Systems A. Provide support, service and upgrades for Collier County's Energy Management System, " Metasys" manufactured by Johnson Controls Inc. B. Sale, installation and service of the County's building control systems capable of controlling the HVAC and electrical systems by zones throughout County buildings. These systems will be completely compatible with existing Metasys Energy Management System, specifications of the existing buildings and all HVAC, and electrical equipment. C. Sale, installation and service of HVAC, electrical and or mechanical controls, parts, sensors, motors and equipment connected to, monitored by and or associated with the Energy Management / Building Automation Systems. D. Maintain central control of monitoring equipment by utilizing and installing dial - up capabilities by way of dedicated communication line, fiber optic, direct wiring or radio transmitter. E. Provide for surge and /or lightning protection of all controls and equipment. II. Chiller Plant Operations A. Provide maintenance and support for Collier County's chiller plant and all of its integral components. B. Provide installation, repair, maintenance and retrofitting and new installation of the thermal ice storage at all County sites. C. Provide new installation and repair of the County's centrifugal and screw chillers and major components. D. Provide cyclical preventative maintenance for Collier County's chillers including; comprehensive annual inspections, eddy current tube analysis, vibration diagnostics, condenser tube cleaning, and spectrochemical oil analysis. Item # 16E7 Seotember. E. Provide services for the installation, repair and maintenance of Collier County's chilled water loop systems including valves, pumps, sensors and fixtures III. HVAC and Dehumidification Equipment A. Provide new installation, repair, and maintenance of HVAC and dehumidification equipment including, but not limited to, the County's various HVAC and dehumidification systems. B. Provide preventative maintenance programs for HVAC, dehumidification and mechanical equipment based on manufacture's recommendations. C. Provide estimates for repair and replacement of HVAC, dehumidification, electrical and mechanical engineering equipment. IV. Fire Alarm Control Systems A. Provide maintenance, monitoring and repair of the County's existing fire alarm systems as needed. B. Complete cyclical inspections of all County fire alarm systems including Halon and sprinkler systems. C. Provide new installation of fire alarm, Halon, sprinkler systems and other like systems. V. Security Access Control Systems A. Provide new construction, installation, engineering, consultation, service and testing of existing Card Access security system manufactured by the Toye Corporation. B. Provide repairs, maintenance and installation of alarm systems including but not limited to: panic alarms, motion detectors and monitoring equipment. C. Provide new and replacement security identification cards used in card access. D. Provide repair, maintenance and new installation of CCTV security systems. VI. Energy Retrofit Programs A. Provide complete lighting fixture retrofit including but not limited to fixtures, ballast and bulbs. M VIII IX. Item # 16E7 B. Provide installation and service of Thermal Storage expansion C. Provide installation and service of variable speed drives (pumps & fans) D. Provide chiller plant retrofitting as dictated by capital construction requirements E. Provide proactive central plant optimization Training as required for installations as they occur, including but not limited to HVAC, electrical, mechanical systems, indoor air quality, security and /or fire. A. Provide training for HVAC equipment, controls, chiller plant operations, and Metasys operations both on and off site. B. Provide training associated with all new equipment installations as part of contracted services. C. Provide employee awareness seminars D. Provide the necessary books, literature and field manuals for equipment used in daily operations. Project Management Resources A. Provide appropriate staffing to oversee work in new capital construction projects. B. Provide management for turnkey operations including consultation, scheduling and bidding. Indoor Air Quality Services A. Provide diagnostic services for indoor air quality complaints. B. Provide remediation services for air conveyance systems, HVAC equipment and workspaces. C. Provide professional lab analysis services for all materials relating to indoor air quality complaints. F r� Item # 16E7 RFP N 99 2967 'Energ;y Management " Pare$j3pternber 23 20( Page 21 of 40 X. Summary of Basic Services. This list shall be representative of the services required, but shall not be considered all- inclusive. Energy Management / Building Automation Training • Service • On -site Training • Engineering • Off -site Training • Installation • Comprehensive schedules for all types of staff • Construction training Fire Systems Indoor Air Quality Parts • Diagnostics • Service Certification • Engineering • Corrective Services • New Installation / Retrofits • Lab Analysis • State Certification Engineering Services Energy Services / Performance Contracting • Mechanical Engineering • Savings Guarantees • Plant Engineering • Energy retrofits • Construction Engineering • Technical Energy Audits • Pro'ect Financing Lighting Security System Closed Circuit Television • Parts Parts • Service • Service • Retrofits Engineering • New Installations • New Installation / Retrofits HVAC Systems Electrical Systems • Service Preventive maintenance Parts • Infrared scanning • Retrofit • Retrofit/installation • New installation UPS • Predictive Diagnostics • Air filtering Licenses: The Contractor, at time of RFP submittal, shall possess the correct occupational licenses, all professional licenses or other authorizations necessary to carry out and perform the work required by the Scope of Service pursuant to all applicable Federal, State and Local Laws, Statute, Ordinances, and rules and regulations of any kind. Licenses may be carried by subcontractors for specialized work. The vendor shall be licensed to operate within Collier County. Response Times /Rates: Response times are dependent on emergency calls. Normal emergency response time should be within two hours. Regular service shall be made available between the hours of 8:00 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. Work completed on County recognized holidays, Saturday and Sunday shall also be considered at the overtime rate (time and a half). The Contractor shall supply the County with telephone numbers for routine repairs /new installation. &2 No 991961 "EnerzyManaPement " Pagel em # 16E7 eptember 23, Page 22 of 40 On -Call Repair /Emergency Work: The Contractor may be required to perform emergency repairs at times other than normal working hours. All other hours shall be considered overtime and charged at the appropriate rate. Work completed on County recognized holidays, Saturday and Sunday shall also be considered at the overtime rate. The Contractor(s) shall be available on a twenty -four (24) hour basis, 365 days per year for such emergency work. The Contractor(s) shall provide the County with an on -call telephone number for emergency service. The Contractor(s) shall employ an adequate staff of approved technicians to provide service, excluding vacation and other leaves. New Work/Estimates: The Contractor(s) shall provide written, "not to exceed" Proposals on all projects except on 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 necessary to prepare accurate estimates. Safe : 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. In addition, 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. Eauinment: Selected contractor ('s) shall own and have in good repair all equipment necessary to perform the described services in particular and the equipment necessary to complete related tasks. Hourly rates will commence upon equipment arrival at the service site. Rental equipment will be paid at actual rental cost without a markup. Parts: Parts purchased for on -call mechanical and equipment repairs /new installations shall be reimbursed at cost plus applicable mark -up. The vendor shall provide documentation of parts cost with their invoice. Documentation shall be provided for all items with the extended price of two- hundred -fifty dollars ($250.00) or more. The Contractor(s) must also have the ability to order and receive parts in a timely and cost effective manner. Clean- : The Contractor(s) shall be responsible for removing all debris from the site and cleaning affected areas. The Contractor(s) 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. RFP No 99 2961 "Enerry Manaeement " Pa eel m # 16E7 ptember 23, Page 23 of 40 Warranty /Guarantee: Parts, replacement parts and fixtures shall be new and warranted for a minimum of ninety (90) days. All labor for repairs shall have a minimum ninety (90) day warranty. 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 related to 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 is repaired or replaced by the County, the cost of such work shall be deducted from the monies due the Contractor. 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- works. Invoices: Invoices shall contain details of services performed and number of man hours for each discipline of labor, materials furnished and rental equipment used. Unit prices for each shall be listed. The County's Purchase order number must appear on each invoice. Invoices for work completed must be submitted within fifteen days (15) days of job completion. Special Note: Collier County Government is a member of the SW Florida Purchasing ` Consortium. It is hereby made a part of this Invitation to propose that the submission of any proposal in response to this publicized request constitutes a proposal made under the same conditions, for the same contract price, to the other members of the Consortium. Pricing: Proposals should be prepared with as much itemized detail as possible, to insure a thorough and favorable evaluation. Details should include itemized pricing for types of services including hourly rates for installation, maintenance, and consultation. Parts markup and discounts for both in -house and outside vendor materials should be clearly disclosed. All other associated costs should be itemized and priced accordingly. Special consideration may be given to agencies that limit the number of miscellaneous or special charges such as; mileage, overhead, handling, risks etc. When disclosing pricing for the various trades, consideration should be given to local market economies including labor rates by local vendors as well as parts pricing. After the RFP selection, pricing structures will be negotiated during the contract phase of the RFP process. OTHERISSUES Support and service for the County's equipment and assets shall be of the highest quality. Customer service and support will be regarded as one of the most important features in the maintenance of the Energy Management Contract. RFPNo. 992961 "EnerevManavement " PaPel m # 16E7 ptember 23, Page 24 of 40 The ability of the Contractor(s) to provide support encompassing all aspects of facilities maintenance operations and management is crucial in the selection of a vendor. Vendor's goals and objectives should be in concert with the industry's trends and standards. The Collier County Facilities Management Department is considered to be one of the fastest growing and technologically advanced organizations in the field, relying heavily on the latest equipment systems and computer technologies. The Contractor(s) organization should mirror the County's commitment to provide the best customer service and quality workmanship possible. Individual members of the selection committee may require formal tours of prospective vendor's corporate and local facilities. Prospective vendors may incur transportation expenses. VENDOR HISTORY Contractor(s) selection will be limited to vendors that have been in business for a minimum of five (5) years. Each submission shall include an affidavit attesting to the vendor's operating history. OTHER AGENCIES In addition to the Facilities Management Department, Collier County reserves the right to make additional acquisitions of products and services for use by other County Agencies. EVALUATION AND SELECTION PROCEDURE 1. The County Administrator shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals 3. Subsequent to the closing of proposals, the Buyer and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. Should both the Buyer and Project Manager be appointed to the committee as voting members, such meetings shall be open to the public and the Buyer shall publicly post prior notice of such meeting in the lobby of the General Services Building at least one (1) day in advance of all such meetings. 4. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria listed below. RFPNo992961 "Energy Manaeement "�m #16E7 Paee`_ptember 23, Page 25 of 40 5. Prior to the first meeting of the selection committee, the Buyer will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the General Services Building not less than three (3) working days prior to the meeting. The Buyer shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 6. The committee will compile individual rankings for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations from the top - ranked firm(s). The final recommendation will be decided based on review of scores and consensus of committee. 7. Subsequent to award, a contract shall be negotiated with one or more of the top - ranked firms. 8. Upon the successful completion of negotiations, contracts will be presented to the Board of County Commissioners for approval. Grading_ Criteria All Proposals will be evaluated and scored on the following criteria: 1. Vendor qualifications to provide all services outlined in the scope of service. (Maximum 30 Points) 2. Experience in similar contracts and references (Maximum 20 points) 3. Qualifications of Technical Staff and Project Managers assigned to County contract (Maximum 15 points) 4. Location of vendor's corporate and local offices (Maximum 15 Points) 5. Training facilities (Maximum 10 Points) 6. Pricing for services (Maximum 10 points) Total Possible Points 100 PROPOSAL RESPONSE FORMAT Qualified firms interested in providing the services described are invited to submit a complete Proposal for consideration. The proposal shall address the items listed below. Failure to provide all requested items may be sufficient cause for non- acceptance of the Proposal. The proposer may provide information in addition to the information requested. �m # 16E7 ptember 23, Page 26 of 40 Proposer shall submit a description of the company; number and discipline of staff, office and training facilities available, and description of any special equipment unique to that organizations operation, etc. Organizational chart shall be included in the proposal. 2. Proposer shall submit a comprehensive description of all services outlined in the summary of basic services of this RFP (page 8). Brochures, photos and any literature that will best describe those services offered by your company should also be included. Provide at least five (5) references (name, address, telephone number and e-mail addresses) where similar services have been provided. 4. The proposer shall identify the company's principal office. Also include the address from where the service persons will be dispatched. Include the total resources for the local office and personnel that are permanently assigned to that office. Proposer must furnish the above information on any firm proposing for subconsulting or joint venture. Where this is proposed, clearly define the lead firm and the relationship between the firms. The proposer shall provide a Letter of Intent from each subconsultant indicating his or her intent to be a part of the project team. 5. The Proposer will show evidence of the firm's ability to; manage projects simultaneously and expeditiously, in addition to the completion of projects on time and under budget. Provide organizational goals and objectives as they relate to customer service and support. 6. Proposer will include a comprehensive break down of all fees, labor rates, parts mark up, overtime rates. This break down will be utilized for RFP award. Formal contract will be negotiated after award. REQUIRED SUBMITTALS Organization a. Firm name, business address, office location, telephone and fax number. b. Address of the office that is to perform the work. c. Federal Identification Tax Number d. Age of the firm, brief history, and average number of employees over the past five (5) years. e. Present size of the firm, nature of services offered, and break down of staff by discipline. f. Qualifications and credentials (resumes) of personnel assigned to County Contract. g. Copies of correct occupational licenses, all professional licenses or other authorizations necessary. License to operate within Collier County. RFP No 992961 "Energy Management " Pa¢el m # 16E7 ptember 23, Page 27 of 40 Instructions to Proposers Any firm who is a recipient of County funds, or who proposes to perform any work or furnish any goods under this bid shall not discriminate against any worker, employee or applicant or any member of the public because of age, religion, race, sex, color or national origin, nor otherwise commit an unfair employment practice. The Vendor shall be solely responsible to parties with who it shall deal in carrying out the terms of this agreement and shall hold the County harmless against all claims of whatever nature by third parties. PROPOSAL SUBMISSION: Six (6) sets of the proposal must be provided, with the original clearly marked; submitted in a sealed envelope with the RFP Number, Title and Due Date clearly stated on the envelope. All proposals, including qualifications and other data pertinent to making an objective evaluation of your firm's capabilities must be forwarded to the Purchasing Department, Collier County Government Center, 3301 East Tamiami Trail, General Services Building, Naples, Florida 34112 on or before 3:00 p.m. Collier County Time on December 3, 1999. Any proposals received after the time and date specified will not be considered. The County assumes no responsibility for proposals received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays courier mistakes mishandling inclement weather or any other reason. Late proposals shall be returned unopened, and shall not be considered for award. LOBBYING: All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied.. either individually or collectively ... about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the publication, evaluation and award phases, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation and their prospective or actual Proposal, with the exception of the Purchasing Department except where otherwise expressly permitted by County ordinance, resolution, or by the RFP document. Failure to abide by this provision may serve as grounds for disqualification for this or a future award to the firm. PROPOSAL FORM: Each Proposer must sign and submit the Contract Proposal Form included in this Request for Proposal. SINGLE PROPOSAL: Only one proposal from a legal entity will be considered. If it is found that a proposer is interested in more than one proposal, all proposals in which such a proposer is interested will be rejected. SIGNATURE OF PROPOSER: The proposer must sign the Proposal in the spaces provided for signatures. RPPNo.992961 "Energy Management " Pagej�m # 16E7 ptember 23, Page 28 of 40 If the Proposer is an individual, the words "Sole Owner' shall appear after his signature. If the Proposer is a partnership, the word "Partner" shall appear after the signature of one of the partners. If the Proposer is a corporation, the signature required is the Officer, Officers or Individual duly authorized by its by -laws or the Board of Directors to bind the corporation with the official corporate seal affixed hereto. INTERPRETATION OF PROPOSAL DOCUMENTS AND INVESTIGATION OF PROJECT: Each Proposer shall thoroughly examine the Proposal Documents, and judge for himself all matters relating to the location and the character of the services he agrees to perform. If the Proposer should be of the opinion that the meaning of any part of the Proposal Document is doubtful, obscure or contains errors or omissions, he should report such opinion or opinions to the Purchasing Director. Neither the County Administrator nor his staff shall be responsible for oral interpretation given by either himself or members of his staff. The issuance of a written addendum shall be the only official method whereby such interpretation will be given. REJECTION OR ACCEPTANCE OF PROPOSALS: The County reserves the right to waive any irregularities in any Proposal, to reject any or all Proposals, to re- solicit for Proposals, if desired, and upon recommendation and justification by Collier County to accept the Proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any Proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be subject to rejection. In the event of default of the successful Proposer, or his refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Proposer or to re- advertise using the same or revised documentation, at its sole discretion. QUALIFICATION OF PROPOSERS: Before the award of any contract, each Proposer may be required to show, to the complete satisfaction of the County, that he has the necessary ability to furnish energy management services as specified herein in a satisfactory manner, and he may also be required to show past history and references that will enable the County to satisfy itself as to the qualifications. Failure to qualify according to the foregoing requirements will justify the County in rejecting a Proposal. PROTECTION OF RIGHTS OF COUNTY: The County reserves the right to include in any contract document such terms and conditions as it deems necessary for the proper protection of the rights of Collier County. PROTEST PROCEDURES: Any actual or prospective respondent to an Invitation to Bid or Request for Proposal who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the opening of the Bid or the due date for acceptance of Proposals. 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. "el m # 16E7 RFP No. 992961 "Energ�Mir yement" P ptember23, Page 29 of 40 Award of contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the Offices of the Purchasing Department on Wednesdays and Thursdays. 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. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. ADDITIONAL INFORMATION: If you have any immediate questions regarding the intended Scope of Services, you may contact Daniel R. Rodriguez, Facilities Manager, at 941/774/8380 or e -mail DanRodriguezncollier og ymet. Procedural queries may be directed to me at 774 -8425 or e-mail RhondaSnellaa.colliereov.net. 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. YEAR 2000 COMPLIANCE: Collier County requires all vendors doing business with the County to be Year 2000 Compliant. Vendors shall take all necessary and appropriate steps to proactively ensure that all technologies, systems, equipment and processes critical to the vendor's ability to provide required products /services to the County will be able to function properly as of January 1, 2000. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge on non - performance. Item # 16E7 816ptember 23, Page 30 of 40 KEY PERSONNEL: The personnel named in the Proposal shall remain responsible throughout the period of this contract. No diversion or replacement may be made without submission of a resume of the proposed replacement with final approval being granted by Collier County. SUBCONTRACTS: Portions of the requested services may be subcontracted with reliable contractors. Proposer will be held liable for all work done by subcontractor(s). RFPNo 992961 "EnvManagement " Pa¢em # 16E7 ere ptember 23, Page 31 of 40 Firm Name: Address: City: Telephone: �) FAX #: �) Type of Work: PROPOSERS QUALIFICATION FORM State Zip Type of Firm: Corporation/Years in Business: Partnership/Years in Business: Sole Proprietorship/Years in Business: Officers /Partners or Owners & Experience: Name Title Years of Experience in Work Listed Number of Personnel in Organization: Administrative: Professional: Office: References: Bank(s) Maintaining Account(s): Shop: Field: Other References: X,__ Item # 16E7 ptember 23, Page 32 of 40 PROPOSERS QUALIFICATION FORM (Continued) Representative Contracts Completed During the Last Five Years: Year /Project Agency Contact Person List Major Work Presently Under Contract: % Completed Agency Contact Person List Current Projects for Which Your Organization is Candidate for Award: Have you, at any time, failed to complete a project? ❑ yes ❑ no Are there any judgments, claims or suits pending or outstanding by or against you? ❑ yes ❑ no If the answer to either question is yes, submit details on a separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: Ism 11 16E7 September 23, Page 33 of 40 PROPOSERS QUALIFICATION FORM (Continued) Pursuant to information for prospective bidders /proposers for the above - mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Name of Organization: By: Title: Attested By: Title: Date: REP No 992961 "EnerzyManagement " Pane 11 m # 16E7 pmmber 23, Page 34 of 40 Collier County Florida Insurance Requirements RFP #99 -2961 INSURANCE TYPE REQUIRED LIMITS X 1. Workers' Compensation X 2. Commercial General Liability (Occurrence Form) patterned after the 1995 I.S.O. form with no limiting endorsements. Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Bodily Injury & Property Damage $1,000.000 Single Limit Per Occurrence X 3. Indemnification: The Consultant, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is acknowledged through the signing of this document, shall protect, defend, indemnify and hold Collier County and its officers, employees and agents harmless from and against any and al losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful misconduct or negligent act, error or omission of the Consultant, its subconsultants, agents or employees, arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Consultant, any subconsultant, subcontractor, or anyone directly or indirectly employed by an of them. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. Automobile Liability $1.000.000 Each Occurrence Owned /Non - owned /Hired Automobile Included 5. Other Insurance as indicated below: a) Professional Liability $ Per Occurrence The Consultant shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement and shall hold the County harmless against all claims arising from the negligent acts, errors, or omissions of consultant by third parties. RFP No 99 2961 - Enerey Management " Parek iJ # 16E7 ptember 23, Page 35 of 40 Collier County Florida Insurance Requirements (Continued) X 6. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. X 7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. X 8. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder' should read as follows: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 X 9. Thirty (30) Days Cancellation Notice is required. X 10. The Certificate must state the RFP Number and Title. I-- BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of bid. Proposer Insurance Agency Signature of Proposer Signature of Proposer's Agent REP No. 992961 "EnerzyManaeemenr " Item # 16E7 Paze'4ptember 23, Page 36 of 40 THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commissioners Collier County, Florida Purchasing Department PROPOSERS CHECK LIST I M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your bid proposal. Proposer should check off each of the following items as the necessary action is completed: 1. The RFP has been signed. 2. The RFP 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. a. Any addenda have been signed and included. s. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center General Services Building 3301 East Tamiami Trail Naples, Florida 34112 10. The mailing envelope must be sealed and marked with: RFP Number; RFP Title; Opening Date 11. The RFP will be mailed or delivered in time to be received no later than the specified or)enina date and time. (Otherwise RFP cannot be considered.) ALL COURIER DELIVERED BIDS /RFPS MUST HAVE THE BID /RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature & Title Date RFPNo 992961 "Ener¢yManaeement " Paee� m # 16E7 ��ptember 23, Page 37 of 40 CONTRACT PROPOSAL FROM: DATE DUE: December 3. 1999 (ED 3:00 p.m. Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: RFP NO. 99 -2961 Energy Management Dear Commissioners: The undersigned, as Proposer hereby declares that he has examined the Scope of Services, and informed himself fully in regard to all conditions pertaining to the work to be done. The Proposer further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that the Proposal is made without connection with any other person, company or companies making a Proposal; and it is in all respects fail and in good faith, without collusion or fraud. The services to be furnished by us shall be performed in accordance with the requirements of the Request for Proposal #99 -2961 as issued by Collier County on November 1. 1999. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of this contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days will result in damages to the County. Proposal continued on next page...... RFP No. 99296! "EnerzyManagement " Pa el qm # 16E7 ptember 23, Page 38 of 40 REQUEST FOR PROPOSAL Construction Personnel Hourly /Rate /Marku /Discount A lication En ineer Clerical Draftin Material Handlin Mileage Reimbursed at County rate for employees Proiect En ineer _ Sales Engineer System Representative Overtime _VAC Service Personnel Clerical Material Handling Mileage P.M.Inspector Pro'ect Engineer Sales Engineer Service Mechanic Service Technician Overtime ITrip Charge / On -Call Fire & Security Services Clerical Material Handling Milea e P.M. Inspect r Pro'ect En ineer Sales Engineer Service Mechanic Service Technician Overtime Tri Charge Subcontractor Mark -u jjj Discount Parts In -house Materials RFPNo 992961 "EnerrvManaeement " Paee25m # 16E7 ptember 23, Page 39 of 40 Parts Cont. r- REQUEST FOR PROPOSAL iI m # 16E7 %ptember 23, Page 40 of 40 REQUEST FOR PROPOSALS IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day 1999 in the County of in the State of Firm's Complete Legal Name Check one of the following: ❑ Sole Proprietorship ❑ Corporation or P.A. ❑ Limited Partnership ❑ General Partnership Phone No. FAX No. Address City, State, Zip BY: Typed and Written Signature Title