#23-8061R (B & I Contractors, Inc.) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney
Office no later than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with
the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Risk Risk Management 8/i2/Z3
2. County Attorney Office County Attorney Office 6743k3
4. BCC Office Board of County
Commissioners fL,Jy/1tj ?/ /23
4. Minutes and Records Clerk of Court's Office ((
g12,02')
5. Procurement Services Procurement Services
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
one of the addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Vanessa Diaz/Procurement Contact Information 239-252-8947
Contact/Department
Agenda Date Item was August 22,2023 Agenda Item Number 16.F.3.
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A 23-8061R B & I Contractors,
number if document is B & I Contractors, Inc.
to be recorded
Inc.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be VM
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the VM
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on August 22,2023 and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
FIXED TERM SERVICE AGREEMENT
# 23-8061R
for
"HVAC MAINTENANCE AND REMEDIAL REPAIRS"
THIS AGREEMENT, made and entered into on this 2 Z day of A V 9 v S+ 20 23 ,
by and between B & I CONTRACTORS, INC.
authorized to do business in the State of Florida, whose business address is
2701 Prince Street Fort Myers, FL 33916 , (the
"Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period,
commencing ■ upon the date of Board approval; of I I era and
terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase
Order(s) issued prior to the expiration of the Agreement period have been completed or
terminated.
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 one ( 1 ) year(s) periods. The County shall give the
Contractor written notice of the County's intention to renew the Agreement term prior to
the end of the Agreement term then in effect.
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 prior to the end of
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a ® Purchase Order ❑ .
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of j■I Invitation to Bid (ITB)
P1 Other ( )# 23-8061R, including
all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to
herein and made an integral part of this Agreement.
■I The Contractor shall also provide services in accordance with Exhibit A — Scope of
Services attached hereto.
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3.1 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
in compliance with the County's Procurement Ordinance, as amended, and Procurement
Procedures in effect at the time such services are authorized.
4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price
methodology as defined in Section 4.1. Payment will be made upon receipt of a proper
invoice and upon approval by the County's Contract Administrative Agent/Project
Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act".
4.1 Price Methodology (as selected below):
•
satisfaction of the County's pc-elect manager before payment for the fixed price contract
is-auheel-
n Time and Materials: The County agrees to pay the contractor for the amount of labor
time spent by the contractor's employees and subcontractors to perform the work(number
of hours times hourly rate), and for materials and equipment used in the project (cost of
materials plus the contractor's markup). This methodology is generally used in projects in
which it is not possible to accurately estimate the size of the project, or when it is expected
that the project requirements would most likely change. As a general business practice,
these contracts include back-up documentation of costs; invoices would include number
of hours worked and billing rate by position (and not company (or subcontractor)
timekeeping or payroll records), material or equipment invoices, and other reimbursable
documentation for the project.
•
inventory or cost verification).
4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
4.3 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 the Agreement. 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.
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4.4 The County, or any duly authorized agents or representatives of the County, shall
have the right to conduct an audit of Contractor's books and records to verify the accuracy
of the Contractor's claim with respect to Contractor's costs associated with any Payment
Application, Change Order, or Work Directive Change.
4,5 I I : T- ave
•
Mileage $S- per
Breakfast $&OO
Lunch $4-1-99
Dinner $19.00
A+ffa re
Rental car
vehicles
Actual cost of lodging at single occupancy rate with a
cap of no more than $150.00 per night
Parking Actual cost of parking
Taxi or Airport Limousine Actual cost of either taxi or airport limousine
•
•
5. 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. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531 C.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company Name: B & I CONTRACTORS, INC.
Address: 2701 Prince Street
Fort Myers, FL 33916
Authorized Agent: Jason Grabowski, President - COO
Attention Name & Title:
Telephone: (239) 332-4646
E-Mail(s): jgrabowski@bandiflorida.com / Estimating@bandiflorida.com
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All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Name: Facilities Management
Division Director: John McCormick
Address: 3335 Tamiami Trail East, Suite 101
Naples, FL 34112
Administrative Agent/PM: James Williams, Assistant Division Director
Telephone: (239) 252-7473
E-Mail(s): James.Williams@CollierCountyFL.Gov
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.
7. 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.
8. 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. The County
will not be obligated to pay for any permits obtained by Subcontractors.
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.
9. 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
Agreement 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
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the suspension period until the violation has been corrected to the satisfaction of the
County.
10. 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 the
non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date
of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions
of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin or any other class protected by federal or Florida
law.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. n Commercial General Liability: Coverage shall have minimum limits of
$ 1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability
and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply
per project. 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. I■I Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of$ 1,000,000
for each accident.
1-3:- n R.rofessional-liability: Shall be maintaifled by the Contractor to ensure its legal
Per
claim.
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: Coverage
shall have minimum limits of$ per claim.
E : Coverage
shall have minimum limits of$ per claim/Occurrence.
.k#- : Coverage
shall have minimum limits of$ per claim/Occurrence.
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of: thirty (30) days prior written notice, or in accordance with policy provisions.
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, 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, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, 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.
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13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon
presentation of a claim by any party and written notice of such claim being provided to
Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive
the expiration or earlier termination of this Agreement until it is determined by final judgment
that an action against the County or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Facilities Management Division
15. 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.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate(s), 1 I Exhibit A Scope of Services,
Exhibit B Fee Schedule, I I -R/ ■ ITB/n Other
#23-8061R , including Exhibits, Attachments and Addenda/Addendum, s-ubsequeM
quotes, and n Other Exhibit/Attachment:
17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to
the terms of this Agreement.
18. 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.
19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any employee of
the firm from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of time,
including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
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located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended, as well as the requirements set forth in Florida Statute, §448.095; taxation,
workers' compensation, equal employment and safety including, but not limited to, the
Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law
Chapter 119, if applicable, including specifically those contractual requirements at F.S. §
119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
Division of Communications, Government and Public Affairs
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest@colliercountvfLgov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
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referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful Contractor.
22. PAYMENTS WITHHELD. The County may decline to approve any application for
payment, or portions thereof, because of defective or incomplete work, subsequently
discovered evidence or subsequent inspections. The County may nullify the whole or any
part of any approval for payment previously issued and the County may withhold any
payments otherwise due to Contractor under this Agreement or any other Agreement
between the County and Contractor, to such extent as may be necessary in the County's
opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or
equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance
of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or
(g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, the County may, after
three (3) days written notice, rectify the same at Contractor's expense. The County also
may offset against any sums due Contractor the amount of any liquidated or unliquidated
obligations of Contractor to the County, whether relating to or arising out of this Agreement
or any other Agreement between Contractor and the County.
If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-
up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary
of the Company and any business, corporation, partnership, limited liability company or
other entity in which the Company or Parent or a Subsidiary of the Company holds any
ownership interest, directly or indirectly.
23. n CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris,
rubbish and waste materials arising out of the Work. At the completion of the Work,
Contractor shall remove all debris, rubbish and waste materials from and about the Project
site, as well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on County projects who are neat, clean,
well-groomed and courteous. Subject to the American with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The County may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Collier County projects is not in the best interest of the County.
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25. * WARRANTY. Contractor expressly warrants that the goods, materials and/or
equipment covered by this Agreement will conform to the requirements as specified, and
will be of satisfactory material and quality production, free from defects, and sufficient for
the purpose intended. Goods shall be delivered free from any security interest or other
lien, encumbrance or claim of any third party. Any services provided under this Agreement
shall be provided in accordance with generally accepted professional standards for the
particular service. These warranties shall survive inspection, acceptance, passage of title
and payment by the County.
Contractor further warrants to the County that all materials and equipment furnished under
the Contract Documents shall be applied, installed, connected, erected, used, cleaned
and conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after
receipt of written notice from the County. Contractor shall also be responsible for and pay
for replacement or repair of adjacent materials or Work which may be damaged as a result
of such replacement or repair. These warranties are in addition to those implied
warranties to which the County is entitled as a matter of law.
26. ❑■ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws,
ordinances, rules or regulations of any public authority having jurisdiction over the Project
requires any portion of the Work to be specifically inspected, tested or approved,
Contractor shall assume full responsibility therefore, pay all costs in connection therewith
and furnish to the County the required certificates of inspection, testing or approval. All
inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the County.
27. ❑ PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost
of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable is responsible for any loss or damage
to the Work, or other work or materials of the County or County's separate
contractors, Contractor shall be charged with the same, and any monies necessary
to replace such loss or damage shall be deducted from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the County with respect
to the Project. If Contractor, or its subcontractors, agents or anyone, for whom
Contractor is legally liable, disturbs the County's benchmarks, Contractor shall
immediately notify the County. The County shall re-establish the benchmarks and
Contractor shall be liable for all costs incurred by the County associated therewith.
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28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by the County in advance.
29. CHANGES IN THE WORK. The County shall have the right at any time during the
progress of the Work to increase or decrease the Work. Promptly after being notified of a
change, Contractor shall submit an estimate of any cost or time increases or savings it
foresees as a result of the change. Except in an emergency endangering life or property,
or as expressly set forth herein, no addition or changes to the Work shall be made except
upon modification of the Purchase Order by the County, and the County shall not be liable
to the Contractor for any increased compensation without such modification. No officer,
employee or agent of the County is authorized to direct any extra or changed work orally.
Any modifications to this Agreement shall be in compliance with the County Procurement
Ordinance and Procedures in effect at the time such modifications are authorized.
30. 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.
31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
to County for approval. Failing resolution, and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall attempt
to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
33. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
34. KEY PERSONNEL. The Contractor's personnel and management to be utilized for
this project shall be knowledgeable in their areas of-expertise. The County reserves the
right to perform investigations as may be deemed necc ary to ensure that competent
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persons will be utilized in the performance of thc Agreement. The Contractor shall assign
assigned shall be available for an amount of time adequate to mcct thc required service
dates. The Contractor shall not change Key Personnel unless the following conditions arc
personnel,
• AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete required services on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet
required services.
35. ■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms
of any of the Contract Documents, the terms of solicitation the Contractor's Proposal,
and/or the County's Board approved Executive Summary, the Contract Documents shall
take precedence.
•
•
•
•
36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the County's consent, shall be void. If Contractor
does, with approval, assign this Agreement or any part thereof, it shall require that its
assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement.
This may include, but not be limited to, checking federal, state and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to
Page 12 of 17
Fixed Term Service Agreement 2022_Ver.3
CAV
maintain records on each employee and make them available to the County for at least
four(4)years. All of Contractor's employees and subcontractors must wear Collier County
Government Identification badges at all times while performing services on County
facilities and properties. Contractor ID badges are valid for one (1) year from the date of
issuance and can be renewed each year at no cost to the Contractor during the time
period in which their background check is valid, as discussed below. All technicians shall
have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division
via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier
County separates from their employment. This notification is critical to ensure the
continued security of Collier County facilities and systems. Failure to notify within four (4)
hours of separation may result in a deduction of$500 per incident.
38. 0 SAFETY. All Contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable
rules and regulations. Also, all Contractors and subcontractors shall be responsible for
the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health
Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way
for the purpose of inspection of any Contractor's work operations. This provision is non-
negotiable by any division/department and/or Contractor. All applicable OSHA inspection
criteria apply as well as all Contractor rights, with one exception. Contractors do not have
the right to refuse to allow OSHA onto a project that is being performed on Collier County
Property. Collier County, as the owner of the property where the project is taking place
shall be the only entity allowed to refuse access to the project. However, this decision
shall only be made by Collier County's Risk Management Division Safety Manager and/or
Safety Engineer.
(Intentionally left blank-signature page to follow)
Page 13 of 17
Fixed Term Service Agreement 2022_Ver.3
CN°
IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed
this Agreement on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel,,Cler# of the Circuit COLLIER COUNTY, FLORIDA
Court and Comptroller, :
ThT
By a .,, . �. By:
Rick LoCastro,Chairman
Dated: t3L
(SEAL) ` tot as Chairman's
k signature only
B & I CONTRACTORS, INC.
Contractor's Witnesses: Contractor
'i5 ., By: } 3'`I
Contract s Firs Witness Signat e
Tis24 4. (xRAAtiJS'K1i PREstbI:.J1
KNINLLE>`I f iArWt4 tType/print signature and titleT
1'Type/print witness name
)3Jcj\ ‘ 6LAtk
Contractor's Second Witness
AusctN vioLL.1ce
TType/print witness name
Ap oved as t Fo n egality:
Count Attorney
V.0Name `
Page 14 of 17
Fixed Term Service Agreement 2022_Ver.
G
.;Ate
Exhibit A
Scope of Services
0■ following this page (containing 6 pages)
Pl this exhibit is not applicable
Page 15 of 17
Fixed Term Service Agreement 2022_Ver.3
CAO
INVITATION TO BID (ITB) #23-8061R
"HVAC MAINTENANCE AND REMEDIAL REPAIRS"
EXHIBIT A
SCOPE OF SERVICES
DETAILED SCOPE OF WORK:
The qualified Contractor will provide maintenance services and remedial repairs including,but not limited to,maintenance
and repairs of HVAC, Boiler and Water Heater systems, as well as be capable of furnishing
industrial/commercial/residential HVAC and related electrical equipment.
1. MINIMUM REQUIREMENTS,CERTIFICATIONS,AND LICENSES:
1.1. The Contractor shall provide either a valid Mechanical Contractor's license per Florida Statutes 489.105 (I) and/or a
State Class"A"Air Conditioning Contractor's license.All licenses must be valid and current throughout the life of the
agreement.
1.2. The Contractor's technicians shall have at least an EPA Section 608 Type II CFC Certification. All
Certifications must be valid and current throughout the life of the agreement. Documentation shall be submitted
upon request only.
1.3. The Contractor must have the ability to operate business in the State of Florida as evidenced by a current State of
Florida registration.
1.4. Contractor is to provide a list of employees that will be assigned to Collier County,including their names,number of
years of experience, certifications, and licenses, if any. At a minimum, the list shall include three (3) HVAC
journeymen, three (3) apprentices and one (1) designated contract/account representative. The Contractor's
personnel assigned to the County under the contract shall comply with the list submitted.
2. MAINTENANCE AND REPAIR SERVICES:
2.1. Upon request, maintenance and/or repair services shall be provided and billed per labor rates on the Exhibit B Fee
Schedule. No single repair project shall exceed$50,000.
2.2. For all equipment categories below, the following maintenance tasks are to be included. Contractor must provide
service to the following,but not limited to:
• Drain Lines
• Filters and A/C Ventilation
• Mechanical Rooms,Paperwork,Asset Tags
• Chilled Water Pumps
• Electrical Disconnectors
• Sprinkler Arm to the Condensing Units
• Heat&Cooled
• Thermostat,Capacitor,etc
Page 1 of 6
Exhibit A—Scope of Services
CAO
INVITATION TO BID(ITB)#23-8061R
"HVAC MAINTENANCE AND REMEDIAL REPAIRS"
• Ceiling Tiles.(ex:Water Leak)
• If a belt needs to be replaced, leave a spare set of belts at the unit.
• Maintain County service logs in all equipment.
• Update records in all existing equipment.
• Wipe down and clean(including dusting)any and all components,housings,or related items to remove all dust,
debris, etc.
• Report all issues or potential issues to County in writing.
• Maintain good housekeeping.Ensure area is free of trash and work debris.
• Take before and after pictures of all items completed and provide to County staff.
2.3. Systems covered may include but are not limited to:
• HVAC and Related Control Systems: mechanical components, compressors, condensers, DX air handling units,
air handling units, exhaust fans, fan coils, water pumps, belt drives, direct-drives, rooftop units, radiant systems,
electric assistance systems, recovery units, blower wheels and housing, blower housing assembly and related
components,condensers,evaporators,variable air volume(VAV)boxes,piping,air duct and sheet metal insulation
work, damper-louvers-diffusers(supply and return vents), and other adjacent/integrated equipment.
NOTE: The contractor shall perform refrigerant recovery on any system that contains refrigerant.
• Ice Machines,Refrigeration Equipment and Related Systems
• Boiler and Related Systems
• Water Heater and Related Systems
• Other mechanical equipment and/or related work associated with mechanical equipment may be required under
this contract, including,but not limited to any mechanical system controls maintenance,repair,and cleaning.
• The Contractor must be comfortable with various energy management and building automation controls and
software packages utilized by Collier County Facilities Management Division, which include, but are not
limited to: Metasys and Reliable Controls.
NOTE: All major energy management equipment replacement will require full BACnet compatible and enabled
controls devices and components.
3. RECORDS AND DOCUMENTATION:
3.1. Following the maintenance,a written report/check list must be provided detailing the results, services completed,and
making specific recommendations for future remedial action upgrades,etc.
3.2. These records will include but not be limited to a summary spreadsheet for each unit serviced with the date of service
and an attestation signed by the Contractor. In the event the equipment does not have a service log, the Contractor
will add the service log to the equipment at no additional charge.
Page 2 of 6
CAO
Exhibit A—Scope of Services
INVITATION TO BID (ITB) #23-8061R
"HVAC MAINTENANCE AND REMEDIAL REPAIRS"
3.3. The Contractor shall, under no circumstances, remove any equipment containing a County asset sticker. The
Contractor shall request that, when replacing equipment, the asset sticker be removed by a County staff member
authorized to adjust equipment inventory records.
3.4. The County retains the right to add or to delete any facilities and equipment from service provided under the resultant
contract as described herein, upon written notification by the County, without further Board approval and in
accordance with the Procurement Ordinance,as amended.
3.5. The Contractor will provide an on-call schedule twenty-four(24) hours a day, seven(7)days a week;this on-call list
is both for routine and after-hours services.
3.6. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-
FMOPS@colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment.
This notification is critical to ensure the continued security of Collier County facilities and systems.
3.7. Contractor will be required to use the County's Work Management procedures,such as utilizing internal work request
forms or future online work request system, at no additional cost to the County. The Contractor will be responsible
for utilizing any systems used by the County for work requests under this Agreement. The Contractor will be
required to update,complete and close work requests and attach before and after pictures,as necessary.
4. WORK HOURS:
4.1. Normal business hours are considered Monday through Friday between 7:00 AM and 5:00 PM.
4.2. After hours are considered before 7:00 AM and after 5:00 PM on weekdays and at any time on Saturday, Sunday or
County observed holidays. The Contractor may charge up to the normal labor rate at time and '/z.
4.3. Typically, maintenance and/or repair services will be conducted during normal business hours, which are Monday
through Friday,7:00 AM until 5:00 PM,unless otherwise authorized by the County. To arrange for an appointment to
perform service at a County facility, the Contractor shall contact the County designee a minimum of 24 hours in
advance of the work. Chemicals/products that must be applied during normal business hours, or when building is
occupied,shall be approved by County Representative or designee.
5. RESPONSE TIME:
5.1. Urgent response: For maintenance and repairs needed for the health,safety, and well-being of the County staff and/or
public, the urgent response shall be provided in no more than two (2) hours from the time of the initial contact and
on-site within four (4) hours. A one-time two hundred dollar ($200.00) urgent service call fee is allowed when
responding to an urgent request,in addition to the regular hourly rates.
5.2. Non- urgent response: For non-urgent maintenance and repairs needed, the response shall be at a minimum a
telephone call within twenty-four (24) hours. For non- urgent repairs, the Contractor must be on-site, and repairs
must begin within one (1) day of the purchase order being issued and/or work authorization for all areas, unless the
County approves a different amount of time for response.
6. CONTRACTOR'S RESPONSIBILITIES:
6.1. The Contractor shall use qualified technicians to complete all work in accordance with the requirements specified in
this solicitation. Technician credentials may be requested by the County. The technicians shall be experienced in all
facets of servicing a variety of different types of HVAC equipment and related Control Systems.
Page 3 of 6
Exhibit A—Scope of Services
CAO
INVITATION TO BID (ITB) #23-8061R
"HVAC MAINTENANCE AND REMEDIAL REPAIRS"
6.2. Contractor shall furnish all necessary qualified labor,materials,equipment,tools,consumables,transportation, skills,
and incidentals required for the maintenance services, repairs, and miscellaneous services for the County's
mechanical systems.If repairs cannot be completed within 24 hours from the County's initial request,then temporary
AC/ventilation options must be provided and approved by the County. The approved temporary AC/ventilation
system will be provided by the Contractor and billed according to the Exhibit B Fee Schedule hourly rates and
applicable mark-ups.
6.3. When required,the Contractor must use a qualified engineer or company representative(with all related licenses and
certifications being current and in full force and effect)with the experience and ability to obtain all permits required
for all repairs,when necessary and applicable.
6.4. The Contractor shall use technicians who are trained and experienced with commercial HVAC, refrigerant handling
requirements, building automation control systems, hydronic specialties, refrigerant and water piping, underground
piping,mechanical insulation,water heaters and other related mechanical equipment. Although maintenance of these
items is not included in this scope, the Contractor must use technicians who are competent and knowledgeable with
water-cooled chillers, air-cooled chillers, static ice tanks (Calmac, FAFCO, etc.), plate and frame heat exchangers,
and cooling towers.
6.5. Contractor is responsible for all parts for in-house service,repairs,or equipment,as needed by the Division(s).
6.6. All repair parts and materials must be as specified in the work request. If the work request is not specific and/or the
Collier County Vertical Standards do not specify,then the parts must be approved by the County.
6.7. The Contractor shall comply with the Department's security guidelines on facility security policies,this may include
additional policies and procedures for work to be performed at the Collier County Sherriffs Office. Violations of these
rules could,at a minimum,result in termination of the awarded Contract.
6.8. All the Contractor's employees and subcontractors must always wear Collier County Government Identification
badges while performing services on County facilities and properties. Contractor ID badges are valid for one(1)year
from the date of issuance and can be renewed each year at no cost to the Contractor during the time in which their
background check is valid,as discussed below. All technicians shall have on their shirts the name of the Contractor's
business.
6.9. Collier County Sheriff's Office requires separate fingerprinting prior to work being performed in any of their
locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the
Contractor is responsible for all costs. The Contractor shall immediately notify the appropriate County Representative
upon discovery of any new or problematic issues. The Contractor shall not proceed with repairs or leave the system
inoperable if an issue is discovered without written authorization by the appropriate County Representative.
6.10 The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for
five (5) years and the Contractor shall be responsible for all associated costs. If required, the Contractor shall be
responsible for the costs of providing background checks by the Collier County Facilities Management Division for all
employees that shall provide services to the County under this Agreement. This may include, but not be limited to,
checking federal,state, and local law enforcement records, including a state and FBI fingerprint check,credit reports,
education, residence and employment verifications and other related records. The Contractor shall be required to
maintain records on each employee and make them available to the County.
Page 4 of 6
Exhibit A—Scope of Services CAO
INVITATION TO BID (ITB) #23-8061R
"HVAC MAINTENANCE AND REMEDIAL REPAIRS"
7. BILLING AND INVOICING:
7.1. No fees shall be charged to the County for any call-backs or work that could not be performed due to circumstances
beyond the control of the Contractor or the County.
7.2. Contractor may only charge hourly rates for hours worked at the job site. Hourly rates shall be per the Exhibit B Fee
Schedule and shall be all inclusive of labor, overhead,travel related expenses,required reporting, and equipment use
(excluding rental equipment).
7.3. The Contractor shall provide copies of receipts for materials costing $500.00 or more, subcontractor invoice, and/or
equipment rental receipt with the invoice. Materials and rental equipment will be allowed a maximum of 10%
markup, and the use of subcontractors will be allowed a maximum of 15%markup.No markup shall be permitted on
ancillary charges,taxes,and freight/shipping.
7.4. The limit of$50,000 per individual repair project does not apply for the maintenance billing. Attestation must be
signed by the Contractor that the work is completed in conformance with the maintenance requirements of the
solicitation.
7.5. The Contractor shall be responsible for procuring and paying for all necessary permits not issued by Collier County
pursuant to the prosecution of the work. The Contractor may include such permit fees as a line item on their invoice.
The County will not be obligated to pay for any permits obtained by subcontractors.
8. WARRANTY ITEMS:
8.1. All new equipment/ parts warranty work shall be provided by the original warranty supplier. All warranty
responsibility for parts or equipment previously purchased, but still under warranty will continue to be provided by
the original warranty supplier until expiration of the warranty period. Upon expiration of the warranty period,
responsibility for maintenance shall automatically transfer to the Contractor, unless otherwise directed by the
County.
8.2. All trouble calls shall be initially reported to the Contractor. If the trouble call involves a warranty item, the
Contractor shall notify the County,who will then have the responsibility of placing and tracking the warranty trouble
call with the warranty supplier. Maintenance of the warranty inventory list and the notification of a warranty trouble
call to the County shall be provided by the Contractor at no additional cost to the County.
8.3. Parts and fixtures shall be new and warranted for a minimum of one (1) year or the maximum allowed by the
manufacturer. Labor will not be billed or allowable in the event defective parts were used.
8.4. An extended warranty may be purchased through the Contractor from the manufacturer without any markup being
charged to the County.
8.5. Contractor shall obtain and assign to the County all express warranties given to Contractor or any subcontractors by
any subcontractor or material men supplying materials,equipment,or fixtures to be incorporated into the Project.
Contractor warrants to the County that any materials and equipment furnished under the Contract shall be new unless
otherwise specified, and that all work shall be of good quality, free from all defects and in conformance with the
Contract. Contractor further warrants to the County that all materials and equipment furnished under the Contract
shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of
the applicable manufacturers,fabricators,suppliers or processors except as otherwise provided for in the Contract. If,
within one(1)year after completion of work,the County determines that any work is found to be defective or not in
conformance with the Contract, Contractor shall correct it promptly after receipt of written notice from the County.
Page 5 of 6
Exhibit A—Scope of Services
CAO
INVITATION TO BID (ITB) #23-8061R
"HVAC MAINTENANCE AND REMEDIAL REPAIRS"
Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may
be damaged as a result of such replacement or repair. Further, in the event of an emergency, the County may
commence to correct any defective work, without prior notice to Contractor, at Contractor's expense. These
warranties are in addition to those implied warranties to which the County is entitled as a matter of law.
Page 6 of 6
Exhibit A—Scope of Services
CAO
Exhibit B
Fee Schedule
following this page (containing pages)
Page 16 of 17
Fixed Term Service Agreement 2022_Ver.3
CAO
Invitation to Bid (ITB) 23-8061R
"HVAC MAINTENANCE AND REMEDIAL REPAIRS"
EXHIBIT B
FEE SCHEDULE
Labor Hours
Line Item Description Labor Rates Per Hour
Supervisor(per hour) $125.00
2 Licensed Journeyman(per hour) $120.00
3 Apprentice(per hour) $100.00
4 Controls Technician (per hour) $150.00
Mark-Up for Actual Cost of Materials/Rental Equipment Not To Exceed 10%
Mark-Up for Subcontractor Not To Exceed 15%
Note:A one time$200.00 Urgent Service Call fee is allowed when responding in addition to the hourly rates.
Note:After Normal Business Hours,the Contractor may charge up to time and 1/2 of the normal labor rate per hour.
Page 1 CAO
Other Exhibit/Attachment
Description:
following this page (containing pages)
1 this exhibit is not applicable
Page 17 of 17
Fixed Term Service Agreement 2022_Ver.3
CAO