#09-5325 (Bentley Electric)
A G R E E MEN T 09-5325
for
On-Call Electrical Repairs and New Installations
TIllS- AGREEMENT, made and entered into on this 1 ?-fi1 day of
.~n I-"ll:~y--(.t . 2010/ by and between Bentley Electric Company of Naples, FL, Inc.,
authorized to do usiness m the State of Florida, whose business address is P. O. Box 10572,
Naples, Florida 34104, hereinafter called the "Contractor" and Collier County, a political
subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on
January 9, 2010, and terminating on January 8, 2012.
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 periods. The County shall give the Contractor written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide on-call electrical repairs and
new installations in accordance with the terms and conditions of Bid #09-5325 and the
Contractor's proposal referred to herein and made an integral part of this agreement.
This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the
Contractor and the County project manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
2.1 Regular service shall be made available between the hours of 7:00 a.m. to 5:00 p.m.,
Monday through Friday, excluding County recognized holidays. All other hours shall
be considered overtime and charged at the appropriate rate of time and one half. Work
completed on County recognized holidays, Saturday and Sunday shall also be
considered at the overtime rate of time and one half.
2.2 The Contractor may be required to do emergency repairs at times other than normal
working hours. The Contractor shall be in a position to be available on a twenty-four
(24) hour basis, three hundred sixty-five (365) days per year for such emergency work.
Page 1 of8
The Contractor shall supply the County with an emergency on-call telephone number
and the same (or different telephone number) for routine repairs! new installation.
3. COMPENSATION: The Owner shall pay the Contractor for the performance of the
Work pursuant to the quoted price offered by the Contractor in his response to a
specific Request for Quotation. Quotes may be time and material, in accordance with
Exhibit A, Charges, or lump sum.
For work estimated to be less than $50,000: the user department may select one of the
vendor(s) on contract, quote out the work among all vendor(s) on contract, or
competitively solicit for new quotes.
For work estimated to be greater than $50,000 and less than $500,000: the user
department may quote out work among the vendor(s) on contract, or, may conduct a
separate new solicitation.
In no case may a single repair or new installation job exceed $500,000.
Any County agency may utilize the services offered under this contract, provided
sufficient funds are included in its budget(s).
Payment will be made upon receipt of a proper invoice and in compliance with Chapter
218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act".
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Bentley Electric Company of Naples, FL, Inc.
P. O. Box 10572
Naples, Florida 34104
Attention: Charles A. Bentley, Jr., President
Telephone: 239-643-5339
Facsimile: 239-643-3685
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
09-5325
On-Call electrical Repairs and
New Installations
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Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, PurchasingjGS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
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On-Call electrical Repairs and
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for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
$1,000,000 for each accident.
Special Requirements: Collier County Government shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County ten (10) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This
09-5325
On-Call electrical Repairs and
New Installations
Page 4 018
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Purchasing Department.
14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, Bid #09-5325 Specifi-
cations/Scope of Services, Addendum and Exhibit A, Rate Sheet.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/ or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c.
immediate termination of any contract held by the individual and/ or firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Contractor is formally acknowledging without exception or stipulation that it is
fully responsible for complying with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto,
as either may be amended. Failure by the Contractor to comply with the laws referenced
herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
09-5325
On-Call electrical Repairs and
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19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS/SERVICES. Additional items and! or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contractor.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision-making authority and by County's
staff person who would make the presentation of any settlement reached during
negotiations to County for approval. Failing resolution, and prior to the commencement
of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon
Circuit Court Mediator certified by the State of Florida. The mediation shall be attended
by representatives of Contractor with full decision-making authority and by County's
staff person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
09-5325
On-Call electrical Repairs and
New Installations
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
.
BOARD OF COUNTY COMMISSIONERS
COLLIER CO!!NTY, FLORIDA
,G'I i
By:-!L~. ~;~
D,-nna Fiala chairman
rk of Cour~
. , l~C
BentIe
Inc.
tTypejprint itness namet
f?AaL/fS Ii
Typed signature and titl
f7.7S;J~,< I
Seco Witn ss
(fb)'~ P'1>~O~
tTypejp int WItness namet
Approved as to form and
~f~e~~ L
AaBbluHt Co'unty Attorney
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<~u# iR'/~
Print Name
....-.-
09-5325
On-Call electrical Repairs and
New Installations
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Page 7 of8
EXHIBIT A
Rate Sheet
Items
Material % Markup (material + % markup = price to County)
Sub-contractor % Markup
(subcontractor cost + % markup = price to County
(note: use of subcontractors are limited to no more
than 20% of the entire work)
Ditch Witch per Hour (Upon arrival at site)
Journeyman Electrician per Hour (straight time)
Apprentice Electrician per Hour (straight time)
Electrician's Helper per Hour (straight time)
General Laborer per Hour (straight time)
Bucket Truck Operator per Hour (straight time)
40 Foot Bucket Truck per Hour
60 Foot Bucket Truck per Hour
80 Foot Bucket Truck per Hour
120 Foot Bucket Truck per Hour
40 Foot Bucket Truck Minimum # of Hours
60 Foot Bucket Truck Minimum # of Hours
80 Foot Bucket Truck Minimum # of Hours
120 Foot Bucket Truck Minimum # of Hours
09-5325
On-Call electrical Repairs and
New Installations
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Price to County
15%
None
$30.00jhour
$55.00jhour
$45. OOj hour
$40.00jhour
$30.00jhour
$50.00jhour
$30.00jhour
$30.00jhour
$40.00jhour
$50.00jhour
None
None
None
None
Fram:Erin McElroy. CISR. CIC FaxIO:356-2126
Page 20f3
Date: 1211812009 12:03 PM Page:2 of3
~1.J'
CERTIFICA TE OF LIABILITY INSURANCE
I DATE (MMlDDIYYYY)
OP ID Mr
BEN~-2 12/18/09
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dawson of F1ozida; Naples
6609 Willow Park Drive
Naples I!'L 34109
Fhone:239-261-6116 Fax:239-261-2803
INSURED
Bentley Electric company of
Naples, FL. ~na.
PO Box 10572
Naples I!'L 34101
COVERAGES
INSURER A:
IN~Uh!eh'li.
INGURCR c:
CincJ.nrur.tJ. ;rn.uranca COlIIp&nY
NAIC#
10677
INSURERS AFFORDING COVERAGE
..CCl Ca_.ZClJ..~ :Iruluzanc. Ca.
INSLlRER D:
INSURER E:
1HF POIlC1FS OF INSl JRANr:F ll:'iTFn AFI ow HAVF RFFN ISSI JFn m THF INSllRFn NAMFn AFI0VF FOR THF POllr:y PFRIOn INnlr:ATFn NOTWITHSTANnlNG
AAY REQUIREMENT, TERM OR CONDITION OF AAY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MJl. Y BE ISSUED OR
MAY PCRTAIN, TlIC INSURANCC MTORDCD OY TlIC POL1C1CG DCGCRIOCD IICRCIN IG GUOJCCT TO AlL TlIC TeRMG, O(CLUGIONG AND CONDITIONG or GUCII
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAJMS
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MMlDDIYYYY) DATE (MMfDD1YYYY) LIMITS
GENERAL LIABILITY FAr.H OCClJRRFNCF $1,000,000
A X CAP5832545 02/01/09 02/01/10 DAMAGE TO RENTED $100,000
COMMERCIAL CENERAL LIABILITY PREMISES (E(:I OCCU1I:l!ICl:I)
J CLAIMS MADE ~ OCCUR MED EXP {Anyone person) $ 5,000
~ contractual PERSONAL & ADV INJURY $1,000,000
_ Liability GE~~ERAL. AGGREGATE $2,000,000
~'L AGGRE~ L~~~ APPnPER: PRODUCTS - COMP/OP AGG .2,000,000
POLICY X ,IFa LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000
A ~ my AUTO CAP5832545 02/01/09 02/01/10 (Ceaccldent)
X ALL OWl\ED AUTOS BODILY INJURY
(Porporoon) I
SCHEDULED AUTOS
=
~ HIRED AUTOS DODIL Y INJURY
(Peraccidenl) .
~ NtlN-tlWNI::.D AU I 0:';
- PROPERTY DI\Mr\GE .
[l-'9racCldent}
GARAGE LIABILITY AUTO ONLY EA ACCIDENT .
==J MY AUTO OTHER THAN EAACC .
AUTO ONLY: AGG .
5~SS / UMBRELLA LIABILITY EACH OCCURREt~CE .5,000,000
A X OCCUf{ D CLAIM~ MALle ClU15832545 02/01/09 02/01/10 AGGh!I::.GAII::. $5,000,000
I
l ~Fnl Jr:TIRI F .
RETENTION . .
WORKERS COMPENSATION XI~~\-tm~ livER
AND EMPLOYERS' LIABILITY V/N
B AAY PROPRIETOR/PAATNERlEXECVTIVE 0 55235 04/17/09 04/17/10 EL EACH ACCIDENT $1,000,000
OFFICERIt\t1EMBER EXCLUDED?
(Mandatory In NH) EL DISEASE - EA EMPLOYEE .1,000,000
Ifyes,descritleunder $1,000,000
SPEClfIL. PROVISIONS bolow EL DISEASE - POLICY LIMIT
OTHER
A Property CAP5832545 02/01/09 02/01/10 Blkt BPF 155,500
OESCRlPTION OF OPERATIONS I LOCAllONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Ca11ier County Commissioners is named as additional insured per GA 233 2/07
Endorsement
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAllON
COLL-];E DATE THEREOF. THE ISSUING tNSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
co~lier county commissioners NOllCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BIiT FAILURE TO DO SO SHALL
Collier county purchasing Dept IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
Purchasing B1dg, Bldq G REPRESENTATIVES.
3301 East Tamiami Trail AUTHORIZE~~NTA1lVE
Naples I!'L 34112 .......-:: ..:..- -,. ~ -.--
, ~::;&.-z.t!LJf. ~ -6<~.:..-';.~,,~:;;t. -)
ACORO 25 (2009/01)
@1988.2009ACORD CORPORATION. All rfghts reservad.
The ACORD name and logo are registered marks of ACORD
Frorn:Erin McElroy, CISR, CIC FaxIO:356-2126
Page 3 of3
Date:121181200912:03 PM Page:3 of3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009/01)