Agenda 09/13/2016 R Item #16E 2 1 6.E.2
09/13/2016
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid 16-6640R Uninterrupted Power Systems — Facilities
Management Division to Precision Power Services, Inc., System Engineering International, LLC
d/b/a Critical Power USA, and Fakouri Electrical Engineering, Inc.; and approve Agreement 16-
6640R Uninterrupted Power Systems to implement these awards.
OBJECTIVE: To provide emergency power to maintain the integrity and continuous operations of
critical County owned and leased buildings.
CONSIDERATIONS: Collier County operates a number of facilities including well sites, IQ pump
stations,jail facilities, Sheriff's special operations facility,the Emergency Services Center, computers and
related equipment requiring continuous power. When the electrical system fails, it takes some time before
the generators begin to operate. The Uninterrupted Power Systems provide power to facilities and
equipment from the moment the electricity fails until the generators come online. The Facilities
Management Division, along with other County Departments / Divisions, sought the services of a
qualified company to furnish all necessary labor, materials, tools, equipment, supplies, consumables,
maintenance, transportation, skills, and incidentals, and any other necessary accessories or services to
perform preventative maintenance,repairs,and replacements of Uninterrupted Power Systems.
Notices of the solicitation were emailed to eight hundred seventeen (817) companies, fifty eight (58)
companies downloaded bid packages, and six (6) companies submitted bids by the August 15, 2016
deadline. Two companies were deemed non-responsive. Grupo Inpower, LLC was deemed non-
responsive because they did not provide after-hour and weekend services. UP Systems of Florida Corp.
was deemed non-responsive because they did not provide a complete bid package submission.
The Invitation to Bid(ITB)requested bidders to provide proof of business license from Collier County or
Lee County. None of the respondents are local; therefore, County staff recommends a waiver of this
requirement.
To reduce costs, County staff recommends dividing the contract into two components based on the lowest
bid prices. The first component is for preventative maintenance and the second component is for routine
service, on-call service, emergency service repairs and replacements.
The results of the bid tabulation for Preventative Maintenance are as follows:
Vendor Total Bid Cost Recommendation
Precision Power Services,Inc. $35,450 Primary
System Engineering International,LLC d/b/a $36,540 Secondary
Critical Power USA
Fakouri Electrical Engineering, Inc. $40,225 Tertiary
Alpha Technologies Services,Inc. $183,775 No Award
County Staff recommends that ITB 16-6640R be awarded for Preventative Maintenance to Precision
Power Services, Inc. as the Primary Vendor; System Engineering International,LLC d/b/a Critical Power
USA as the Secondary Vendor; and Fakouri Electrical Engineering,Inc. as the Tertiary Vendor.
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09/13/2016
The results of the bid tabulation for Routine Service, On-Call Service, Emergency Service Repairs and
Replacements are as follows:
Vendor Total Bid Cost Recommendation
Fakouri Electrical Engineering, Inc. $558,750 Primary
Precision Power Services, Inc. $804,000 Secondary
System Engineering International,LLC d/b/a $810,000 Tertiary
Critical Power USA
Alpha Technologies Services, Inc. $872,625 No Award
County Staff recommends that ITB 16-6640R be awarded for Routine Service, On-Call Service,
Emergency Service Repairs and Replacements to Fakouri Electrical Engineering, Inc. as the Primary
Vendor; Precision Power Services, Inc. as the Secondary Vendor; and System Engineering International,
LLC d/b/a Critical Power USA as the Tertiary Vendor.
All work will be issued and performed through the use of standard County Purchase Orders. The
proposed agreement is a one (1) year term, with the County having the right to renew for three (3)
additional one year periods. The primary payment vehicle for preventative maintenance is flat fee / unit
based pricing,with the County having the ability to utilize either lump sum payments or time and material
cost payments for routine service, on-call service, emergency service repairs and replacements.
In order to ensure that these services continue to offer the lowest costs to the County, while the County
intends to use the contractor awarded this solicitation, the County reserves the right at any time to use
other contractors for the services described by requesting additional quotes or bids from other contractors.
FISCAL IMPACT: The expected annual cost of this Agreement is approximately $240,000. This
amount will increase should other facilities or equipment be added to the County during the course of this
agreement. Other County Departments/Divisions may use this contract based on their available budget.
The source of funds is the Unincorporated General Fund (Fund 001) for Facilities Management Division,
Radio Communications Program Fund (Fund 188) for Information Technologies Division, and Water-
Sewer District Operating Fund(Fund 408) for the Public Utilities Department.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with
this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality,and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners
(1) award Invitation to Bid 16-6640R Uninterrupted Power Systems -Facilities Management Division for
Preventative Maintenance to Precision Power Services, Inc. as the Primary Vendor; System Engineering
International, LLC d/b/a Critical Power USA as the Secondary Vendor; and Fakouri Electrical
Engineering, Inc. as the Tertiary Vendor;
(2) award Invitation to Bid 16-6640R Uninterrupted Power Systems - Facilities Management Division for
Routine Service, On-Call Service, Emergency Service Repairs and Replacements to Fakouri Electrical
Engineering, Inc. as the Primary Vendor; Precision Power Services, Inc. as the Secondary Vendor; and
System Engineering International,LLC d/b/a Critical Power USA as the Tertiary Vendor;
(3) approve waiver of the local business license requirement; and
(4) approve Agreement 16-6640R Uninterrupted Power Systems to implement these awards with Fakouri
Electrical Engineering, Inc., Precision Power Services, Inc., and System Engineering International, LLC
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d/b/a Critical Power USA.
Prepared by: Megan Gaillard,Internal Controls Manager, Facilities Management Division
ATTACHMENT(S)
1. 16-6640R Bid Tabulation (PDF)
2. 16-6640R Uninterruptible Power Systems Solicitation (PDF)
3.Agreement 16-6640R Precision Power Services (PDF)
4. Agreement 16-6640R System Engineering International LLC (PDF)
5.Agreement 16-6640R Fakouri Electrical Engineering (PDF)
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16.E.2
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.2
Item Summary: Recommendation to award Invitation to Bid 16-6640R Uninterrupted Power
Systems — Facilities Management Division to Precision Power Services, Inc., System Engineering
International, LLC d/b/a Critical Power USA, and Fakouri Electrical Engineering, Inc.; and approve
Agreement 16-6640R Uninterrupted Power Systems to implement these awards.
Meeting Date: 09/13/2016
Prepared by:
Title: Manager-Internal Controls—Facilities Management
Name: Megan Gaillard
08/18/2016 3:53 PM
Submitted by:
Title: Division Director-Facilities Mgmt—Facilities Management
Name: Dennis Linguidi
08/18/2016 3:53 PM
Approved By:
Review:
Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 08/18/2016 4:30 PM
Procurement Services Sandra Herrera Level 1 Purchasing Reviewer 1-4 Completed 08/18/2016 4:32 PM
Administrative Services Department Megan Gaillard Level 1 Division Reviewer Skipped 08/18/2016 4:47 PM
Facilities Management Dennis Linguidi Level 1 Add Division Reviewer Completed 08/18/2016 5:41 PM
County Attorneys Office Jeffrey A.Klatzkow Level 2 Attorney Review Completed 08/19/2016 8:54 AM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 08/19/2016 5:20 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/22/2016 12:54 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/22/2016 4:34 PM
Office of Management and Budget Laura Wells Level 3 OMB 1st Reviewer 1-4 Completed 08/23/2016 9:21 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/28/2016 10:56 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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Caffier Comity
Administrative Seivi,.es Department
Proe uemen'Ser.cs D.Isfor
INVITATION TO BID
Date: August 4, 2016
From: Rhonda Burns, FCCN, CPPB, Procurement Strategist
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(239) 252-8941 (Telephone) 5
(239) 252-6700 (FAX) 0
RhondaBurns@colliergov.net (Email)
To: Prospective Vendors
Subject: Solicitation: 16-6640R Uninterrupted Power Systems (s)
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As requested by the Facilities Management Division, Information Technologies Division, w
and the Public Utilities Department, the Collier County Board of County Commissioners
Procurement Services Division has issued this ITB for the purpose of obtaining fair and cn
competitive responses.
Please refer to the Public Notice included in this document for the opening date and
time and any applicable pre-ITB conference.
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All questions regarding this ITB must be submitted online on the Collier County a.
Procurement Services Division Online Bidding System website: www.colliergov.net/bid.
All responses to questions will be posted on the website with electronic notification to all
prospective vendors.
We look forward to your participation in Collier County's competitive procurement
process.
cc: Megan Gaillard, Internal Controls Manager, Facilities Management Division
Dennis Linguidi, Facilities Director, Facilities Management Division
John Daly, Telecommunications Manager, Information Technology Division
Mark Fowski, Network Operations Manager, Information Technology Division
Amia Marie Curry, Operations Support Manager, Public Utilities Department
Kelly Arnold, Accounting Supervisor, Public Utilities Department
Note: All ITB responses submitted must include one (1) original labeled MASTER,
along with one (1) exact duplicate copy, including all required forms.
#16-6640R 1
ITB Template_06132016
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Invitation to Bid
Index
Public Notice 4
Exhibit I: Scope of Work, Specifications and Response Format 5
Exhibit II: General Bid Instructions 16
Exhibit III: Standard Purchase Order Terms and Conditions 22
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Exhibit IV: Additional ITB Terms and Conditions 25
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 34 0
Attachment 2: Vendor's Check List 35 v
Attachment 3: Vendor Submittal - Bid Response Form 36 a
Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit 38 D
Attachment 5: Vendor Submittal— Immigration Affidavit 39 -a
Attachment 6: Vendor Substitute W—9 40
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 41
Exhibit A: Equipment Schedules; IT, Facilities and Public Utilities 40 u)
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Collier County
Administrative Services Department
Procurenneni Services Di;:son
Public Notice
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Sealed bid responses for Solicitation 16-6640R Uninterrupted Power Systems, will be
received electronically or manually only at the Collier County Government, Procurement o
Services Division, 3327 Tamiami Trail E, Naples, FL 34112 until 2:30 PM, Collier County local
time on August 15, 2016. Solicitation responses received after the stated time and date will not a
be accepted.
Solicitation 16-6640R Uninterrupted Power SystemsCD
All questions regarding this ITB must be submitted online on the Collier County Procurement
Services Division Online Bidding System website: www.colliergov.net/bid. All responses to
questions will be posted on the website with electronic notification to all prospective vendors.
All solicitation responses must be made on the official ITB response form included and only
available for download from the Collier County Procurement Services Division Online Bidding 'o
System website noted herein. ITB Documents obtained from sources other than Collier Cf)
County Procurement Services Division may not be accurate or current.
Collier County encourages vendors to utilize recycled paper on all manual bid response
submittals.
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Collier County does not discriminate based on age, race, color, sex, religion, national origin, a.
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA a;
BY: /s/Allison Kearns
Interim Director, Procurement Services Division o
Publicly posted on the Collier County Procurement Services Division website:
www.colliergov.net/purchasing and in the lobby of the Procurement Services Division Building L
on August 3, 2016.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Facilities Management Division, Information Technology Division,
and Public Utilities Department (hereinafter, the "Division or Department"), the Collier County Board of
County Commissioners Procurement Services Division (hereinafter, "County") has issued this
Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bids from interested and qualified firms
in accordance with the terms, conditions and specifications stated or attached. The awarded
Contractor(s) at a minimum, must achieve the requirements of the Scope of Work and specifications
stated. No
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The results of this solicitation may be used by other County departments once awarded according to 0
the Board of County Commissioners Procurement Ordinance. U
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Brief Description of Purchase m
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Collier County Divisions are responsible for maintaining the Uninterrupted Power Supply (UPS) units /
systems in various County owned and leased buildings throughout Collier County. This also includes ••
the battery maintenance and battery replacement. In order to maintain the integrity and continuous
co
operation of these systems, the County intends to award a contract to perform:
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1. Preventative maintenance inspection services for units and batteries;
2. Provide labor and parts for routine repair services for units and batteries; and, 5
3. Provide labor and parts for on-call repair services for units and batteries. .-
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The County reserves the right to select one, or more than one Contractor, for a single service, or for E
multiple services. Should the County award the services for two (2) or more Contractors, and one of N
the Contractor(s) consistently does not perform their assigned responsibilities, the County retains the N
right and authority to reassign work to one of the other Contractors awarded so as not to leave the iv
equipment vulnerable or in disrepair. 3
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Historically, the Facilities Management Division, Information Technologies Division, and the Public .a
Utilities Department have spent approximately$240,000 per annual fiscal year. It is anticipated, based
on increased needs, that the approximate annual spend will increase each Fiscal Year. This amount c
will be based on available budgets by the County Departments and/or Divisions. c
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Detailed Scope of Work D
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It is the intent of the County that the County UPS systems experience minimal down time; therefore,
bidder's response time shall be a factor in the award of this bid. While the County intends to use the vo
Contractor(s) awarded as a part of this solicitation, the County reserves the right at any time to use
the awarded Contractors for the services described, or to request additional quotes or bids from other a
contractors [per the Board's Procurement Ordinance]. E
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A qualified bidder will provide preventative maintenance inspection services, repairs services,
emergency and on-call repair services including, but not limited to Emerson systems, Liebert systems,
Eaton systems, APC systems. In the event the bidder is only able to work on one of these systems,
this may not preclude the bidder from being awarded a contract. Please respond and note the
systems that bidder is qualified to work on etc., as well as be capable of furnishing the following
services:
• Battery replacement/ installation
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• Battery preventative maintenance
• UPS replacement/ installation
• UPS preventative maintenance
A qualified bidder must be factory trained to work on the manufacturer's equipment and/or factory
certified and authorized to work on the manufacturer's equipment without negating the equipment
warranty when applicable.
Bidder(s) may also be required to use to the County's Work Management procedures, such as
utilizing work order forms or future online work order system, at no additional cost to the County or
Contractor. The Contractor will be responsible for utilizing any systems used by the County for work o
orders under this Agreement. a.
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All bidders must provide requested certifications and licenses necessary to perform the services
outlined in the bid specifications. 7.
The awarded Contractor(s) shall use qualified technicians (brand certified) to complete all work in
accordance with the requirements specified in the bid. Hourly time will be paid only for actual time at
the worksite with the exception of Preventative Maintenance which will be a flat rate. Travel time will co
not be an allowable item. Technician credentials may be requested by the County.
PREVENTATIVE MAINTENANCE
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The preventative maintenance covered by this scope of work includes (all checks or processes may
not be applicable to all equipment types or models):
1. Visual Inspections:
• Inspect all printed circuit board connections for cleanliness, swab contacts if
necessary;
• Inspect all power connections for signs of overheating;
• Inspect all subassemblies, bridges, and legs for signs of component defects or n°.
stress;
• Inspect all DC capacitors for signs of leakage;
• Inspect all AC capacitors for signs of leakage; 2
• Inspect and inventory all customer-owned spare parts;
• Inspect for and perform, as required, any open engineering changes;
• Inspect insulation, overheating, and physical damage; and ce
• Inspect battery monitoring system.
2. Internal Operating Parameters:
• Control calibrations—check/adjust, as necessary; C°
• DC Ground Detection Offset, if applicable;
• Inverter leg current average phase balance, if applicable;
• Output filter current average phase balance;
• Rectified bridge current average leg balance;
• AC Protection settings are checked;
• DC Protection settings are checked;
• Calibrate and record all electronics to system specifications;
• Input and Output Frequency and Voltage Bandwidth settings are checked;
• Verify DC filter capacitance;
• Verify AC tank and trap filter capacitance including balancing of items;
• Power Supply voltages and waveforms;
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• Update firmware as necessary with customer approval (parts if required are included
at no charge with full parts coverage if the equipment is under Service Agreement. If
there is no service agreement, the parts may be billed at actual cost with applicable
markups); and
• Evaluate Field Service Bulletins (FSBs) for potential updates (parts if required are
included at no charge with full parts coverage if the equipment is under Service
Agreement. If there is no service agreement, the parts may be billed at actual cost
with applicable markups).
3. External Operating Parameters:
• System Input Voltages, all phases; U
• System Input Currents, all phases; 2
• DC Charging Voltages (float and equalize), record settings, and adjust to nominal; o
• Rectifier phase on and walk-up; o
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• Inverter phase on and walk-up; a.
• Adjust all panel meters to measured values; 12
• System Bypass Voltages, all phases; 3
• Manual and UV Transfer Testing, verify uninterrupted transfer waveform, if d
applicable; M
• Outage Simulation, batter capability testing, and verify charger current limit; and a
• Generator operation and interface verification, if applicable.
4. Environmental Parameters: o
• UPS area ambient temperature and condition of ventilating equipment;
• General Cleanliness of UPS Power Module; '�
• General Cleanliness of UPS area; -6
• Replace air filters as applicable and necessary (parts if required are included at no �,
charge with full parts coverage if the equipment is under Service Agreement. If there E
is no service agreement, the parts may be billed at actual cost with applicable (n
markups); cn
• Clean outside of UPS including control panel/CRT screen; and 3
• Flywheel only: Drain oil and change oil and filers. o°.
5. Battery Cabinet Checks: d
• General appearance of battery systems (all types);
• General cleanliness of batter system areas (all types);
• Verify the integrity of the battery rack/cabinet; L
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• Inspect all DC connections for abnormalities; c
• Inspect cells for physical abnormalities; .E
• Check batter for current limits, input limits, overload levels, and over temp circuits; ct
• Check for corrosion on battery terminals and connectors; a
• Clean batteries as necessary; `o
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• Verify proper torque on connections;
• Verify the condition of the ventilation equipment, if applicable; c
• Check the appearance of the battery room, if applicable;
• Battery system area ambient temperature and condition of ventilating equipment; and
• For internal batters only— measure and record:
i. Overall battery float voltage; Q
ii. Charger output current and voltage;
iii. Negative terminal temperature of one cell/battery per battery cabinet shelf or
rack tier; and
iv. Momentary load testing of cells < 100 watts (e.g. 9E, 9x55, not 9330).
6. Monitoring System Parameters:
• Alarm archive review and printing;
• Alarm lamp test-local and remote, if applicable;
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• Replace all open monitor bulbs;
• Inspect battery monitoring system; and
• Review battery test in history, if applicable.
7. Circuit Breakers / Isolators:
• Check capacitors for swelling or leaks;
• Verify free travel; and
• Check magnetic/thermal settings.
8. Additional Items:
• Synchronizing verification:
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i. Utility Sync and Transfer to bypass;
ii. Transfer from bypass to UPS; cc
iii. Verify voltage and phase lockout; and
iv. Verify static bypass operation.
• Fuses need verified for type, value, and condition; O.
• Power Measurements (on-line): -a
i. Output RMS current(Phase and Neutral); and
ii. Output Peak current(Phase and Neutral).
• Cleaning/Air Flow— check fans, doors, and compartment seals
i. Replace filters; and co
ii. Clean Module.
• Clean normal cell dirt/dust accumulation, when possible.
• Battery recycling as required, is included. o
• Check nuts, bolts, screws, and connections for tightness and heat discoloration.
• Operational testing of the system including unit transfer and battery discharge. co
9. General:
• Customer consultation;
• Verbal recommendations; and
• General observations.
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Following the preventative maintenance inspection, a written report / check list will be provided to the a
Division detailing the results of the inspection, services completed, and making specific cu
recommendations for future remedial action, upgrades, etc.
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Preventative maintenance on each unit / system / battery is required to be completed in accordance
with the manufacturer's recommendations. Preventative maintenance will be billed by item serviced. c
Actual records must be provided for payment. These records will include but not be limited to: a
summary spreadsheet for each unit services with the date of service and an attestation signed by the
awarded Contractor(s).
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Typically, preventative maintenance will be completed during normal business hours; however, the
County may request preventative maintenance during off-hours, as deemed necessary by the County
representative or designee. A surcharge will be allowed for off-hours preventative maintenance, if E
necessary and first approved in writing by the County representative or designee.
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Equipment Manufacturer Services Plans may be added as a separate "turnkey" item for specific units,
as needed by County Divisions. When these services occur, a quote following the pricing
methodology of the solicitation will be requested from the awarded Contractor(s).
ON-CALL SERVICES (for regular and emergency equipment maintenance, repair, and
replacement identified in the scope of work):
The two types of maintenance, repair, and replacement services required are:
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• On-Call Repair Work: The County representative or designee will provide a scope of work
to be performed to the Contractors and request that a "time and materials" or "lump sum"
quote be provided. The County expects that for on-call repair work, the contractor provides
a price quote within a reasonable time (one to two business days) from the point of initial
contact. Once a purchase order is issued, the County representative or designee would
expect that the on-call service for regular maintenance, repair and replacement commence
within two (2) business days, unless otherwise directed by the County representative or
designee. In the event that the Contractor does not fulfill these response requirements, the
County reserves the right to contact other Contractor(s)to perform the scope of work. _
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• Emergency Repair Work: The County representative or designee will identify the needed L
maintenance, repair and replacement for the life, health, safety or equipment/facility o
emergency and request that work be completed as soon as reasonably practicable. The o
County representative or designee may direct the Contractor to commence work through a a.
verbal direction; and a purchase order will be issued to the Contractor as soon as possible. D
7.
All emergency repair work will be completed on a time and materials based on the
contracted pricing schedule. If any repair is deemed an emergency, all parts must be e
shipped overnight and repairs are to start immediately upon the part being received. ••
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In each scope of work the County representative or designee reserves the right to specify: the period 00
of completion; collection of deductions / fines or actual costs in the event of late completion and/or -
non-compliant performance and/or vendor caused damages; and "lump sum" or "time and material" o
sums.
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• If"lump sum" quote is requested, the Contractor shall provide: `°
✓ A not-to-exceed total cost for the entire scope of work including a brief description
of the work to be completed; m
✓ Lump Sum (fixed price) is a firm fixed total price offering for a project; the risks are en
transferred from the County to the Contractor; and, as a business practice there are CO
no hourly or material invoices presented, rather, the Contractor must perform to the 3
satisfaction of the County's project manager or designee before payment for the a°
fixed price contract is authorized. 0
✓ Only a single lump sum quote is required, no itemized breakdown for the lump sum -°
quote will be required for quoting or payment purposes. No time and material
quotes will be accepted or required for quoting or payment. Actual invoices for
materials, subcontractors, mark-ups, etc. will not be required for payment purposes, c
as the lump sum quote does not require a breakdown of the quote or supporting c
documentation. Timesheets and/or timecards will not be accepted or required for w
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quoting or payment purposes to support labor hours, as they are not required for a
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lump sum quote.
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•
• If"time and material" quote is requested, the Contractor shall provide: c
✓ The expected number of work hours by each position (and the hourly rate) and the E
extended total; 0
✓ The breakdown of the cost for supplies, parts and equipment used for the scope of Z
work; the Contractor must provide itemized documentation of any supply, part or
piece of equipment with their invoice.
✓ If applicable, a mark-up of subcontractor's labor, supplies / materials and
equipment may be included; the Contractor must provide itemized documentation
(including the subcontractor's invoice) of any subcontractor's labor, supplies /
materials, and equipment.
✓ The County agrees to pay the Contractor for the amount of labor time spent by the
Contractor's employees, (number of hours times hourly rate), and for materials and
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equipment used in the project (cost of materials plus the Contractor's mark-up).
Subcontractors will be paid by the contractor according to their submitted invoice(s)
then the contractor will be allowed to charge a markup accordingly.
✓ As a general business practice, the time and material invoices would include back-
up documentation for costs for supplies/materials, equipment rental,
subcontractors, etc. 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.
✓ Taxes, related fees, and ancillary charges may be transferred to the County in the
actual amount; however, mark-ups will not be allowed. Mark-ups will not be allowed
on sales tax, consumer fees or taxes, use and other similar taxes, or fees
associated with any work under this Agreement.
✓ Freight and shipping charges will be allowed if included in the quote and only a
allowed to the amount support by back-up documentation. No mark-up will be
allowed for freight or shipping charges. -°
✓ If applicable, a ten (10%) percent mark-up of subcontractor's labor, subcontractor's
supplies / materials, subcontractor's equipment, rental equipment, contactor's
equipment, Contractor supplies / materials, etc. will be allowed.
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Contractors Responsibilities
0
The Contractor(s) awarded for preventative maintenance inspection services, repair services, c
emergency and for on-call services will provide: :
1. All necessary labor, materials, equipment, tools, consumables, transportation, skills, and
incidentals required for the preventative maintenance inspection services, repairs, and on-call 2
services for the County's systems. Except as noted herein, travel, fees and surcharges will
not be accepted in conjunction with this contract, and such charges should be incorporated
into, the pricing structure. A contractor will not be allowed to bill for administrative hours for
invoicing, providing back-up and supporting documentation, etc. 0
All work shall be a "turnkey" operation to include all repairs, site clean-up and restoring the
work area to its original condition. The resultant contract provides for any services deemed 0.
necessary to complete the job, through means of Contractor(s) in-house expertise or sub-
contracted work as needed (back-up documentation will be required for sub-contracted work). c
The Contractor(s) shall ensure that all areas and equipment (i.e. UPS units and systems,
batteries, etc.) be kept clean and free from dirt, dust and debris.
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Where necessary, work shall include proper permitting, as required, and the Contractor(s)
shall be responsible for permit submissions, unless otherwise instructed by the County.
Permit fees may be included as a line item on invoices/quotes with no markup.
The Contractor(s) will maintain sufficient personnel to accomplish County's work schedule.
2. The Contractor will use technicians who are trained and experienced with brands serviced.
The Contractor's technicians will be available for response twenty-four(24) hours a day, seven
(7) days a week, 365 days per year for any emergency repairs. 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 taking into account
vacation and other leaves.
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3. Response time: Emergency response shall be provided in no more than four (4) hours from
the time of the call. Non-emergency response within eight (8) hours is acceptable. For on-call
repairs, the Contractor must be on-site and repairs begun within twenty-four (24) hours of the
initial call being placed for all areas unless the County Representative approves a different
amount of time for response.
4. A qualified engineer (with all related licenses and certifications being current and in full force
and effect) with the experience and ability to "pull" all permits required for any and all system
renovations, when necessary and applicable.
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There is a multitude and variety of different systems currently in place. All brands must be able 12
to be serviced by the vendor or the vendor use a subcontractor to service the equipment. o
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5. Call Schedule: Contractor(s) awarded will provide an on-call schedule twenty-four (24) hours N
a day, seven (7) days per week, 365 days per year. Successful bidder(s) shall provide the
County with an on-call telephone number(s)for standard, technical, and emergency services. -a
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6. Replacement / Repair Parts: All replacement / repair parts must be approved and be of Q
genuine and original manufacturer's parts. The Contractor(s) will be required to provide proof 0
of the Original Manufacturer's parts through providing invoices or photographs at the time of 00
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invoice submission.
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The Contractor(s) shall be required to expressly warrant that all replacement are new and free a
from defects, warranted for their merchantability and meet the performance specifications of U
the original equipment. In the event a portion, or all of an order, is found to be defective when "°—
delivered and/ or installed, the Contractor shall immediately replace the equipment at no cost E
to the County. E
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7. Warranties: All new equipment warranty work shall be provided by the original warrantyco
supplier. All warranty responsibility for previously purchased, but still under warranty, au
equipment will continue to be provided by the original warranty supplier until expiration of the o
warranty period. Upon expiration of the warranty period, responsibility for maintenance shall n.
automatically transfer to the Contractor, unless otherwise directed by the County
representative or designee.
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 representative or designee, who will then
have the responsibility of placing and tracking the warranty trouble call with the warranty m
supplier. Maintenance of the warranty inventory list and the notification of a warranty trouble c
call to the County representative or designee shall be provided by the Contractor at no 0
additional cost to the County. o
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Parts,
Parts, replacement parts, and fixtures shall be new and warranted for a minimum of one (1) c
year, or the maximum allowed by the manufacturer. All labor for repairs shall have a minimum E
ninety (90) day warranty. c
2
8. Additions and Deletions of Equipment: The County retains the right to add or to delete any Q
equipment from service provided under this Contract as described herein, upon written
notification by the County designee to the Contractor. Any additions or deletions shall be
handled by letter from the County representative or designee and approved by the
Procurement Strategist.
The County, or designee, shall attempt to provide advanced notice to the Contractor of all
additional and/or new equipment; however, should Contractor's personnel receive a
maintenance or repair call and records show that the individual piece of equipment is not
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inventoried or covered by this Agreement, the Contractor personnel will perform repairs as if
equipment was covered by this Agreement and shall notify the County designee.
The County, or designee, will provide notice of additional equipment in writing to the
Contractor, whenever possible. The Contractor may then charge for that piece of equipment,
as described below, respectively, effective the date the Contractor was called for service on
that piece of equipment.
If removing equipment from coverage, the County Representative or designee shall provide
written or electronic notice to the Contractor. Equipment removed shall not be billed for the
month of removal. Any prepaid coverage fees will be refunded at a pro-rata amount to the
County in the form of a credit on the subsequent billing.
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9. Records and Documentation: The Contractor(s) is responsible to maintain and update ate.
records for each type of equipment serviced. The documentation will include, and not be
limited to, records of all service calls, preventative maintenance performed, and any system
modifications, if applicable. The Contractor(s) will maintain a service log at the site of each
piece of equipment maintained. The Contractor(s) will not charge for any call back work. All
recovery reports shall be sent to the County contract manager, or their designee, noting date, M
type, quantity, location, and disposal information.
10. Inspections: The County and the Contractor(s) may conduct an inspection of the completed
services provided in response to any resulting purchase order. Any deficiencies noted during
an inspection shall be corrected before final acceptance. Such deficiencies will be corrected
within 24 hours after receipt of notification, at the Contractor's expense, or the County may -6
—
follow the provisions in Section 11c (below). Deductions may be imposed at the time of initial ()
notification for lack of performance.
If the Contractor(s) fails to correct the defects within this time frame, the County shall be
entitled to have the work remedied, charge a deduction / fine (see Section 11 Performance
Measures and Section 12 Contract Deductions), and the Contractor(s) shall be fully liable for a
all costs and expenses reasonably incurred by the County. d
11. Performance Measures: The Contractor shall maintain compliance with the following
performance measures: 2
a. The Contractor(s) will provide 100% of all required reports and records within the time
frame specified to the County, or their designee.
b. The Contractor(s) will advise the County, in writing, of any extenuating circumstances that
will prohibit the Contractor from meeting the above-outlined performance measures.
(c.
c. The Contractor(s) will furnish all necessary labor, tools, equipment and services to perform
contracted services specified in the contract. The term contract officer or project manager a)
as used herein, shall mean the County Representative or designee. The Division
Management and/or County Representative shall be the final authority on any issues that
may arise as to the quality and acceptability of any work performed under this contract. If,
in the opinion of the County Representative or designee, any part of the Contractor's
performance becomes unsatisfactory; the County will immediately levy a deduction on the
Contractor's invoice for lack of service. This deduction will be one hundred and fifty dollars
($150) per occurrence, per day, plus actual cost to correct the violation. There will be no
cost to the County for re-works or for the vendor to resolve performance issues.
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The County shall have the immediate right to complete the work to its satisfaction, through
the use of County employees or outside contractors as deemed necessary, the total sum
of the County employee's hours and materials cost(s) and/or outside vendor invoices shall
be immediately deducted from the Contractor's invoice.
13. Contract Deductions: It is the County's intent to have all tasks performed satisfactorily and
completed in accordance with the specifications and frequencies set forth under the contract.
It is important that the Contractor(s) perform all tasks as prescribed. If any tasks are omitted or
not performed satisfactorily and completely and with the frequency designated by the contract,
the entire affected area as defined solely by the designated County representative or designee U
shall be found to be a non-performance area and a deduction shall be levied. Ca
The deduction will be one hundred and fifty dollars ($150) per occurrence, per day, plus actual (°.)
cost, including County employees labor, materials cost, outside vendor cost and any other a.
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costs for the correction of the violation.
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Deductions shall be administered through the County Representative or designee. Should the Q
Contractor wish to appeal these charges, they may do so in writing to the County
representative's Manager within three (3) days of receiving the fine / deduction notification. M
The appeal should state dates, times and other associated facts, along with a clear description -
of their argument or disagreement with the fine. The appeal should also reference this bid c
document and / or other supporting documentation. Should the appeal be rejected by the
County's Representative's Manager within three (3) days, the next appeal may then be made ._
to the County Representative's Director within three (3) days. Each of these appeals should •o
be made within three (3) days of the incident or notification (for the appeal to the Division). If a co
resolution cannot be obtained through the Division Management Appeal process, the
Contractor will have the right to appeal within three (3) days to the Procurement Services N
Division. ''
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14. Clean-up: The Contractor(s) shall be responsible for removing all debris from the site and o
cleaning affected areas. The Contractor(s) shall keep the premises free of debris and a
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 Q.
Contractor(s) shall leave all affected areas as they were prior to beginning work. There will be E
no cost to the County for clean-up. If the Contractor(s) does not follow this provision, there will a;
be a deduction of one hundred and fifty dollars ($150) per occurrence, per day, plus actual c
cost to correct the violation. m
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Any deduction may be assessed after a minimum of one written warning. co
15. Equipment Inventory: The Contractor(s) shall, under no circumstances, remove any ,
equipment containing a County asset sticker. The Contractor(s) shall request that, when c
replacing equipment, the asset sticker be removed by an appropriate County staff member E
authorized to adjust equipment inventory records. 0
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16. Survivability Clause: The Contractor(s) agree, will honor, and finish work for any purchase `�
order that extends beyond the expiration date of the original solicitation and/or contract. These
purchase orders will survive and remain subject to the terms and conditions of the agreement
until the completion or termination of the purchase order.
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Award Criteria
ITB award criteria is as follows:
• All questions on the Bid document shall be answered as to price(s), time requirements, and
required document submissions.
• Award shall be based upon the responses to all questions on the Bid Response Page(s).
• Further consideration may include but not be limited to, references, completeness of bid
response and past performances on other County bids/projects.
• Prices will be read in public exactly as input on the electronic bid response form or written on
the manually submitted Bid Response Page(s) at the time of the bid opening; however, should
an error in calculations occur whenever unit pricing and price extensions are requested, the
unit price shall prevail. Mathematical miscalculations may be corrected by the County to ors
reflect the proper response.
• The County's Procurement Services Division reserves the right to clarify a vendor's proposal v
prior to the award of the solicitation. a.
• It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s).
• For the purposes of determining the bidder with the lowest price for award purposes only the
following methodology will be used:
Responsive: to be deemed responsive the County will evaluate the following
documents
0
Provide evidence of five (5) years of primary experience working in the systems listed in the
scope:
a. Provide at least three (3) current customer references, including names, addresses, o
phone numbers and email addresses. co
b. Provide a Collier or Lee County license to operate business.
c. Provide evidence of contractor's procedure for the recovery of CFC's.
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• The County reserves the right to award the contractor who is the lowest responsive bidder
individually per service/manufacturer(one contractor for Preventative Maintenance Inspection 0
Service and one contractor for On-Call Service), OR, for the lowest(OVERALL TOTAL) d
responsive combined bidder's offer(calculated by adding the weighted totals for Preventative
Maintenance Inspection Services plus the On-Call Service). Q
2
Lowest Cost per Service (See Attachment 3: Vendor Submittal): Should the County award c
to two separate contractors (one contractor for Preventative Maintenance Inspection Services
and one contractor for On-Call Services), each service will be calculated independently of the
other and awarded to the responsive and lowest contractor's TOTAL for each service.
• Preventative Maintenance Inspection Services: Complete information on Attachment 8:
Vendor Bid Schedule via the County's Online Bidding System. The contractors will be
ordered from lowest TOTAL to highest TOTAL (the County's Local Vendor Preference
consideration will be reviewed on this service). 0
• On-Call Services: Complete information on Attachment 8: Vendor Bid Schedule via the
County's Online Bidding System. The contractors will be ordered from lowest TOTAL to
highest TOTAL (the County's Local vendor Preference consideration will be reviewed on
this service).
Lowest Cost for both Services (See Attachment 3: Vendor Submittal): Should the County
award to one contractor for both services (Preventative Maintenance Inspection Services and
On-Call Services), each service TOTAL will be weighted by the following weighted multiplier:
• Preventative Maintenance Inspection Services x 38% =Weighted TOTAL
• On-Call Services x 62% = Weighted TOTAL
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Note: the weighted multiplier is a representative multiplier of the estimated future services in each
category.The weighting is for evaluation purposes only.
The Weighted TOTAL for both services will be added together to determine the contractor with the
lowest OVERALL TOTAL for both services combined. The County's Local Vendor Preference
consideration will then be evaluated using the contractor's OVERALL TOTAL.
• Collier County reserves the right to select one, or more than one Contractors, however, it is
the intent to select a single or multiple awardees.
• The County reserves the right to issue a formal contract or standard County Purchase Order
for the award of this solicitation. cc
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Term of Contract
a
The award term, if an award(s) is/are made is intended to be for one (1) one (1) year term
beginning on the date of award, with three (3) additional one (1) year renewal options. 2
Prices shall remain firm for the initial term of this award. Price adjustments are only allowed at
contract renewal and are dependent upon the consumer price index (CPI) over the past twelve CD
(12) months, budget availability and County approval in accordance with the Procurement co
Ordinance.
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Surcharges will not be accepted in conjunction with this contract except as described in the scope
of work.
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Projected Timetable
Event Date
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Issue Solicitation Notice August 4, 2016
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Last Date for Receipt of Written Questions August 10, 2016, 4 0
PM, Naples Local n.
Time
Addendum Issued Resulting from Written Questions TBA
Solicitation Deadline Date and Time August 15, 2016, 2:30 2
PM, Naples Local
Time
Anticipated Evaluation of Submittals TBA
Anticipated Board of County Commissioner's Contract September 2016
Approval Date
Vendor Required Documents
• Attachment 2: Vendor's Check List
• Attachment 3: Vendor Bid Response Form
• Attachment 4: Local Vendor Preference
• Attachment 5: Immigration Law Affidavit
• Attachment 6: Vendor Substitute W-9
• Attachment 7: Insurance and Bonding Requirement
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Exhibit II: General Bid Instructions
1. Purpose/Objective
As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier
County Board of County Commissioners Procurement Services Division (hereinafter, the County)
has issued this Invitation to Bid (hereinafter, the "ITB", or"Bid")with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and/or attached herein/hereto. The successful vendor will
hereinafter be referred to as the "Vendor"
All bids must be submitted on the Bid form furnished by the County noted in Attachments c°>
2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly a
signed. Vendor is responsible to read and follow the instructions very carefully, as any
misinterpretation or failure to comply with these instructions could lead to the bid submitted as 0
being rejected as non-responsive.
2. Pricing
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Vendors must provide unit prices using the unit of measured specified by the County. All prices
will remain firm for a period of one hundred and eighty (180) calendar days from date of bid
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opening. After award by the Board of County Commissioners, prices may only be adjusted as �°
outlined in Exhibit I: Term of Contract.
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3. Alternate Bid Pricing
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide
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pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted
price will be the basis for the rejection of the submitted bid response. All bids responses received
without pricing for all alternates as listed will be considered technically non-responsive and will not
be considered for award. as
4. Equal Product 2
d
Manufacturer's name, brand name and/or model number are used in these specifications for the
purpose of establishing minimum requirements of level of quality, standards of performance and/or
design required, and is in no way intended to prohibit the bidding of other manufacturer's items of o
equal or similar material. An equal or similar product may be bid, provided that the product is
found to be equal or similar in quality, standard of performance, design, etc. to the item specified.
Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of
factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid
as equal or similar. E
Equal product samples, if required for evaluation, and at no cost to the County, must be submitted
with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless
samples are delivered to specified address by bid due date. The County shall be sole judge of
equality or similarity, and its decision shall be final in the best interest.
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5. Discounts
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of tie bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
6. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to
indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully
comply with the specifications as written. The County, at its sole discretion, shall determine if the o
exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for
rejection of bid proposal. a.
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7. Addenda 2
The County reserves the right to formally amend and/or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum/clarification shall be in writing and M
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shall be distributed electronically to all parties who received the original bid specifications prior to
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vendors who
downloaded the ITB document. Additionally, all addendums are posted on the Collier County o
Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Before cn
submitting a bid response, please make sure that you have read all, understood clearly and
complied completely with any changes stated in the addenda as failure to do so may result in the N
rejection of your submittal. (;
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8. Bid Submission
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a.
For Electronic Submission Q
All electronic bids shall be submitted online via the Collier County Procurement Services Division L
Online Bidding System: www.colliergov.net/bid.
For Paper Submissions
All paper bids shall be submitted to the County Procurement Director, Collier County Government,
Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as
stated in the Legal Notice. The County assumes no responsibility for bid responses 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 bid E
responses shall be returned unopened, and shall not be considered for award.
Vendors must submit one (1) paper copy clearly labeled "Master," and one (1) compact disk
(CD) or flash drive with one copy of the proposal on the CD or flash drive in Word, Excel or
PDF. List the Solicitation Number and Title on the outside of the box or envelope. All bids sent by
courier service must have the bid number and title on the outside of the courier packet.
Vendors who wish to receive copies of bids after the bid opening may view and download same
from the Collier County Procurement Services Division Internet bid site.
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9. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
County Procurement Services Division Internet website: www.colliergov.net/bid. Questions will not
be answered after the date noted on the ITB.
Vendors must clearly understand that the only official answer or position of the County will be the
one stated on the Collier County Procurement Services Division Online Bidding System website.
For general questions, please call the referenced Procurement Strategist identified in the Public
Notice.
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10. Protests cn
a
Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest
with the Procurement Director prior to the time of the bid opening strictly in accordance with the
County's then current Procurement Ordinance and policies.
11. Rejection and Waiver
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The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County.
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Vendors whose bids, past performance or current status do not reflect the capability, integrity or
reliability to fully and in good faith perform the requirements denoted may be rejected as non-
responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide
all required information, documents or materials may be rejected as non-responsive.
12. Local Vendor Preference (LVP) a.
The County is using the Competitive Sealed Quotation methodology of source selection for this
procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier 2
County Procurement Ordinance.
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Local business means the vendor has a current Business Tax Receipt issued by the Collier
County Tax Collector for at least one year prior to bid or proposal submission to do business o
within Collier County, and that identifies the business with a permanent physical business address
located within the limits of Collier County from which the vendor's staff operates and performs
business in an area zoned for the conduct of such business. A Post Office Box or a facility that
receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other
non-permanent structure shall not be used for the purpose of establishing said physical address.
In addition to the foregoing, a vendor shall not be considered a "local business" unless it
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contributes to the economic development and well-being of Collier County in a verifiable and
measurable way. This may include, but not be limited to, the retention and expansion of
employment opportunities, support and increase to the County's tax base, and residency of
employees and principals of the business within Collier County. Vendors shall affirm in writing their
compliance with the foregoing at the time of submitting their bid or proposal to be eligible for
consideration as a "local business" under this section. A vendor who misrepresents the Local
Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to
claim Local Preference status for a period of up to one year.
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Under this solicitation, bidders desiring to receive local preference will be invited and required to
affirmatively state and provide documentation as set forth in the solicitation in support of their
status as a local business. Any bidder who fails to submit sufficient documentation with their bid
offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to the
contrary, Collier County and its agencies and instrumentalities, will give preference to local
businesses in the following manner.
Competitive bid (local price match option). Each formal competitive bid solicitation shall
clearly identify how the price order of the bids received will be evaluated and determined.
When a qualified and responsive, non-local business submits the lowest price bid, and the bid
submitted by one or more qualified and responsive local businesses is within ten percent of the o
price submitted by the non-local business, then the local business with the apparent lowest bid
offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the a
price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In
such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder 2
are in fact qualified and responsive bidders. Next, the Procurement Services Division shall
determine if the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087
(Preferences to businesses with drug-free workplace programs). If the lowest local bidder meets
the requirements of Fla. Stat. Sec. 287.087, the Procurement Services Division shall invite the (0_
lowest local bidder to submit a matching offer, less one (1) dollar, within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less
one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made
to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local o
bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the cn
lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest
non-local bidder does, award will be made to the bidder that meets the requirements of the
reference state law.
Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a o
Local Business which is included as part of this solicitation. a.
Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude Q
said Bidder from being considered for local preference on this solicitation. L
A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one (1) year.
0
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
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13. Immigration Affidavit Certification
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Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of
Homeland Security(DHS) in partnership with the Social Security Administration (SSA), provides
an Internet-based means of verifying employment eligibility of workers in the United States; it is
not a substitute for any other employment eligibility verification requirements. The program will be
used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including
professional services and construction services.
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Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County
Commissioners
Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County Procurement Services Division an executed affidavit
certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation
documents. If the BidderNendor does not comply with providing both the acceptable E-
Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed a
non-responsive.
ccAdditionally, vendors shall require all subcontracted vendors to use the E-Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
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For additional information regarding the Employment Eligibility Verification System (E-Verify) c°
program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's
responsibility to familiarize themselves with all rules and regulations governing this program. 2
171
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall o
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of Cr)
1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)to
comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach
of the award agreement and the County shall have the discretion to unilaterally terminate said
agreement immediately.
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14. Lobbying
.72
All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied E
either individually or collectively about a project for which a firm has submitted a bid. Firms and
their agents are not to contact members of the County Commission for such purposes as c-
meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to
final Board approval, no firm or its agent shall contact any other employee of Collier County with
the exception of the Procurement Services Division.
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute L
607.1501)
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In order to be considered for award, firms must be registered with the Florida Department of State
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Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority(www.sunbiz.orq/search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response
shall be required to provide same within five (5) days upon notification of selection for award. If the
firm cannot provide the document within the referenced timeframe, the County reserves the right
to award to another firm.
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16. General Information
When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug-free
workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said
certification; the County will give local vendor preference.
19,17. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session. c°v
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Award shall be made in a manner consistent with the County's Procurement Ordinance. Award
recommendations will be posted outside the offices of the Procurement Services Division as well
as on the Collier County Procurement Services Division website on Wednesdays and Thursdays
prior to the County Commission meetings.
M
Any actual or prospective respondent who desires to formally protest the recommended contract oo_
award must file a notice of intent to protest with the Procurement 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 c°
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 Procurement Director. cn
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer delivery; provided that risk of loss prior to
This offer is subject to cancellation by the actual receipt of the goods by the COUNTY
COUNTY without notice if not accepted by nonetheless remain with VENDOR.
VENDOR within fourteen (14)days of issuance. b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise r
2. Acceptance and Confirmation specifically stated in this Purchase Order. o
This Purchase Order (including all documents Unless otherwise provided in Purchase 0
attached to or referenced therein) constitutes Order, no invoices shall be issued nor E
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the entire agreement between the parties, unless payments made prior to delivery. Unless v
otherwise specifically noted by the COUNTY on freight and other charges are itemized, any a
the face of this Purchase Order. Each delivery of discount will be taken on the full amount of
goods and/or services received by the COUNTY invoice. °
from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the 3
terms and conditions contained in this Purchase same day via the same route must be <
Order. consolidated. Each shipping container must cc
be consecutively numbered and marked to
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No additional terms may be added and Purchase show this Purchase Order number. The
Order may not be changed except by written container and Purchase Order numbers must c
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instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips '
is deemed to be on notice that the COUNTY must show Purchase Order number and
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objects to any additional or different terms and must be included on each package of less 'o
conditions contained in any acknowledgment, than container load (LCL) shipments and/or Cl)
invoice or other communication from VENDOR, with each car load of equipment. The u)
notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or 2
payment for any delivery of goods and/or return any shipment or equipment at u,
services, or any similar act by VENDOR. VENDOR'S expense that is not marked with v)
Purchase Order numbers. VENDOR agrees m
3. Inspection to declare to the carrier the value of any o
All goods and/or services delivered hereunder shipment made under this Purchase Order m
shall be received subject to the COUNTY'S and the full invoice value of such shipment.
inspection and approval and payment therefore d) All invoices must contain the Purchase Order Q
shall not constitute acceptance. All payments are number and any other specific information as E
subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts .
All defective or nonconforming goods will be of prompt payment will be computed from the
returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of
VENDOR'S expense. receipt of invoices, whichever is later. c
Payment will be made upon receipt of a d'
To the extent that a purchase order requires a proper invoice and in compliance with
series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as to
,
COUNTY prospectively reserves the right to the "Local Government Prompt Payment
cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County 0
Order if goods and/or services provided early in Commissioners Purchasing Policy. E
the term of the Purchase Order are 0
non-conforming or otherwise rejected by the 5. Time Is Of the Essence Q
COUNTY. Time for delivery of goods or performance of
services under this Purchase Order is of the
4. Shipping and Invoices essence. Failure of VENDOR to meet delivery
a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as
suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment,
lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies
with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR
any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any
the COUNTY at the time and place of expenses incurred in enforcing its rights.
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VENDOR further agrees that undiscovered VENDOR shall indemnify and hold harmless the
delivery of nonconforming goods and/or services COUNTY from any and all claims, including
is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses,
upon further compliance with all specifications. including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death
6. Changes of any person (including but not limited to
The COUNTY may at any time and by written employees and agents of VENDOR in the
notice make changes to drawings and performance of their duties or otherwise), or
specifications, shipping instructions, quantities damage to property (including property of the
and delivery schedules within the general scope COUNTY or other persons), which arise out of or
of this Purchase Order. Should any such change are incident to the goods and/or services to be
increase or decrease the cost of, or the time provided hereunder. 0
required for performance of the Purchase Order,
an equitable adjustment in the price and/or 11. Warranty of Non-Infringement o
delivery schedule will be negotiated by the VENDOR represents and warrants that all goods 0
COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase cn
foregoing, VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws; D
to give notice if the changes will decrease costs. b) do not infringe any patent, trademark, -a
Any claims for adjustment by VENDOR must be copyright or trade secret; and c) do not constitute 3
made within thirty (30) days from the date the unfair competition. Q
change is ordered or within such additional co
period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the 01
parties. COUNTY from and against any and all claims,
including claims of negligence, costs and o
7. Warranties expense, including but not limited to attorneys'
VENDOR expressly warrants that the goods fees, which arise from any claim, suit or
and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of o
will conform to the specifications, drawings, the goods and/or services provided under this cn
samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S N
specified by the COUNTY, and will be of representations and warranties in section 11 (a). EEi
satisfactory material and quality production, free tn
from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach
intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to 3
security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option, o
claim of any third party. These warranties shall procure for the COUNTY the right to continue -
survive inspection, acceptance, passage of title using the goods or services, or replace or modify 72
and payment by the COUNTY. the goods or services so that they become Q
non-infringing, (without any material degradation L
8. Statutory Conformity in performance, quality, functionality or additional a;
Goods and services provided pursuant to this cost to the COUNTY). _
Purchase Order, and their production and D
transportation shall conform to all applicable 12. Insurance Requirements rt
laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide c)
Health and Safety Act, the Federal commercial insurance of such type and with such co
Transportation Act and the Fair Labor Standards terms and limits as may be reasonably to
Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing
face of the Purchase Order. and maintaining adequate insurance coverage is a>
a material obligation of the VENDOR. All E
9. Advertising insurance policies shall be executed through
No VENDOR providing goods and services to the insurers authorized or eligible to write policies in Q
COUNTY shall advertise the fact that it has the State of Florida.
contracted with the COUNTY for goods and/or
services, or appropriate or make use of the 13. Compliance with Laws
COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order,
property without the prior written consent of the VENDOR agrees that it will comply with all
COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non-exhaustive example,
10. Indemnification this shall include the American with Disabilities
Act and all prohibitions against discrimination on
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16.E.2.b
the basis of race, religion, sex creed, national conditions of this Purchase Order, provided that
origin, handicap, marital status, or veterans' COUNTY has provided VENDOR with notice of
status. Further, VENDOR acknowledges and such breach and VENDOR has failed to cure
without exception or stipulation shall be fully within 10 days of receipt of such notice.
responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986 19. General
as located at 8 U.S.C. 1324, et seq. and a) This Purchase Order shall be governed by
regulations relating thereto, as either may be the laws of the State of Florida. The venue
amended. Failure by the awarded firm(s) to for any action brought to specifically enforce
comply with the laws referenced herein shall any of the terms and conditions of this
constitute a breach of the award agreement and Purchase Order shall be the Twentieth Cri
the County shall have the discretion to Judicial Circuit in and for Collier County,
unilaterally terminate said agreement Florida cc
immediately. Any breach of this provision may b) Failure of the COUNTY to act immediately in `
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be regarded by the COUNTY as a material and response to a breach of this Purchase Order 0
substantial breach of the contract arising from by VENDOR shall not constitute a waiver of u)
this Purchase Order. breach. Waiver of the COUNTY by any n
default by VENDOR hereunder shall not be 'a
14. Force Majeure deemed a waiver of any subsequent default 3
Neither the COUNTY nor VENDOR shall be by VENDOR. Q
responsible for any delay or failure in c) All notices under this Purchase Order shall co
performance resulting from any cause beyond be sent to the respective addresses on theco
their control, including, but without limitation to face page by certified mail, return receipt =-
war, strikes, civil disturbances and acts of nature. requested, by overnight courier service, or by o
When VENDOR has knowledge of any actual or personal delivery and will be deemed LI
potential force majeure or other conditions which effective upon receipt. Postage, delivery and A
will delay or threatens to delay timely other charges shall be paid by the sender. A `—'
performance of this Purchase Order, VENDOR party may change its address for notice by von
shall immediately give notice thereof, including all written notice complying with the N
relevant information with respects to what steps requirements of this section. a
VENDOR is taking to complete delivery of the d) The Vendor agrees to reimbursement of any a
goods and/or services to the COUNTY. travel expenses that may be associated with N
this Purchase Order in accordance with a)
15. Assignment Florida Statute Chapter 112.061, Per Diem o
VENDOR may not assign this Purchase Order, and Travel Expenses for Public Officers, a.
nor any money due or to become due without the employees and authorized persons. Ti
prior written consent of the COUNTY. Any e) In the event of any conflict between or :�
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assignment made without such consent shall be among the terms of any Contract Documents E
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deemed void. related to this Purchase Order, the terms of a;
the Contract Documents shall take E
16. Taxes precedence over the terms of the Purchase D
Goods and services procured subject to this Order. To the extent any terms and /or ce
Purchase Order are exempt from Florida sales conditions of this Purchase Order duplicate
and use tax on real property, transient rental or overlap the Terms and Conditions of the 'co?
property rented, tangible personal purchased or Contract Documents, the provisions of the ci
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rented,
rented, or services purchased (Florida Statutes, Terms and/or Conditions that are most ,;.;
Chapter 212), and from federal excise tax. favorable to the County and/or provide the (L)
greatest protection to the County shall E
17. Annual Appropriations govern. (-)
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The COUNTY'S performance and obligation to
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pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order
may be terminated immediately by the COUNTY
for breach by VENDOR of the terms and
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16.E.2.b
Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and/or Services
During the contract term, Collier County reserves the right to add related items and/or services
upon negotiation of a satisfactory price by the Project Manager and Vendor.
2. Conflict of Interest
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Vendor shall provide a list of any businesses and/or organizations to which the firm has any
affiliation or obligations within the past five (5)years; whether paid or donated, which could be o
construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of v
interest is subject to County staff review and does not in and of itself disqualify a firm from
consideration. These disclosures are intended to identify and or preclude conflict of interest
situations during contract selection and execution.
3. Vendor Performance Evaluation
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Collier County has implemented a Vendor Performance Evaluation System for all contracts co
awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of agreement. 0
4. Deductions for Non-Performance
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The County reserves the right to deduct a portion of any invoice for goods not delivered, or
services not performed in accordance with requirements, including required timeframe. The
County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies
directly related to the Vendor's non-performance.
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5. Termination
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Should the Contractor be found to have failed to perform services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may 2
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance. In the event that the award of this solicitation is made by the
Procurement Services Director, the award and any resultant purchase orders may be terminated
at any time by the County upon thirty(30) days written notice to the awarded vendor(s) pursuant
to the Board's Procurement Ordinance.
6. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and E
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
7. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub
vendors shall be responsible for the safety of their employees and any unsafe acts or conditions
that may cause injury or damage to any persons or property within and around the work site. All
firewall penetrations must be protected in order to meet Fire Codes.
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Collier County Government has authorized OSHA representatives to enter any Collier County
facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations.
This provision is non-negotiable by any department and/or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and
PPE Protective labels.
8. Florida Wood Products
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The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and o
other forest products produced and manufactured in the State of Florida as long as the price,
fitness and quality are equal. a.
9. Public Records Compliance
Florida Public Records Law Chapter 119, including specifically those contractual requirements in
119.0701(2)(a)-(b) 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 �n
RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383 0
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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 2
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. cece
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 (c)
transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public a
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 a)
the public agency upon completion of the contract, the Contractor shall destroy any Q
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.
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10. Standards of Conduct
The Vendor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Vendor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
11. Licenses
The Vendor is required to possess the correct professional and other licenses, and any other
authorizations necessary to perform the required work pursuant to all applicable Federal, State
and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies 0
of all the required licenses must be submitted with the bid response indicating that the U)
entity bidding, as well as the team assigned to the County account, is properly licensed to
perform the activities or work included in the ITB documents. Failure on the part of any
vendor to supply this documentation with their bid response may be grounds for deeming
vendor non-responsive. A Vendor with an office within Collier County is required to have an
occupational license. M
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All State Certified contractors who may need to pull Collier County permits or call in inspections
must complete a Collier County Contractor License registration form and submit the required fee. o
After registering the license/registration will need to be renewed thereafter to remain "active" in
Collier County. `2
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Questions regarding professional licenses should be directed to Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions
regarding required Business Tax Receipt(formerly known as Occupational Licenses) should be
directed to the Tax Collector's Office at (239) 252-2477.
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12. Protection of Property a°
The Vendor shall ensure that the service is performed in such manner as to not damage any Q
property. In the event damage occurs to any property as a direct result of the Vendor or their Sub
vendor in the performance of the required service, the Vendor shall repair/replace, to the County's ,
satisfaction, damaged property at no additional cost to the County. If the damage caused by the
Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will
be deducted from the monies due the Vendor.
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The County's project manager, shall coordinate with the Vendor/Contractor the return of any
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surplus assets, including materials, supplies, and equipment associated with the scope or work.
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13. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan,
fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III,
Florida Statutes, the current Collier County Ethics Ordinance and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact
with County staff for a specified period of time; b. Prohibition by the individual and/or firm from
doing business with the County for a specified period of time, including but not limited to:
submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the
individual and/or firm for cause.
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14. Invoice and Payments
The County's project manager reserves the right to establish any one, or a combination of, these
industry practices for contracts or purchase orders:
Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred
from the County to the contractor; and, as a business practice there are no hourly or material
invoices presented, rather, the contractor must perform to the satisfaction of the County's
project manager before payment for the fixed price contract is authorized.
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
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times hourly rate), and for materials and equipment used in the project(cost of materials plus E'
the contractor's mark up). 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.
Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including
labor, materials, equipment, overhead, etc.)for a repetitive product or service delivered (i.e.
installation price per ton, delivery price per package or carton, etc.). The invoice must identify .0
the unit price and the number of units received (no contractor inventory or cost verification a
required).
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Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
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Invoices shall be sent to:
47
Board of County Commissioners 2
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Suite 700
Naples FL 34112 0
Or emailed to: bccapclerk(a�collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or
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services as part of this agreement. E
Payment methods include:
• Traditional - payment by check, wire transfer or other cash equivalent.
• Standard - payment by purchasing card. Collier County's Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant
of the Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County's credit card for transactions relating to this solicitation. The County will
entertain bids clearly stating pricing for standard payment methods. An additional separate
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16.E.2.b
I
discounted price for traditional payments may be provided at the initial bid submittal if it is clearly
marked as an "Additional Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for
that prior month. Services beyond sixty (60) days from current monthly invoice will not be
considered for payment without prior approval from the Project manager. All invoices should be
submitted within the fiscal year the work was performed. (County's fiscal year is October 1 -
September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or
processed for payment) unless specifically authorized by the Project Manager.
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Payments will be made for articles and/or services furnished, delivered, and accepted, upon L
receipt and approval of invoices submitted on the date of services or within six (6) months after c
completion of contract. Any untimely submission of invoices beyond the specified deadline period 0
is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be a)
deemed of the essence with respect to the timely submission of invoices under this agreement. D
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In instances where the successful contractor may owe debts (including, but not limited to taxes or Q
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy ..
these debts, the County reserves the right to off-set the amount owed to the County by applying
the amount owed to the vendor or contractor for services performed of for materials delivered in co
association with a contract. c
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Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in `-'
compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt N
Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount E
of any payment for work not performed or for unsatisfactory performance of Contractual °'
requirements. N0
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15. Survivability o
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Bids (ITBs/RFPs): The Contractor agrees that any Work Order/Purchase Order that extends a)
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beyond the expiration date of Solicitation 16-6640R resultant of this solicitation will survive and
remain subject to the terms and conditions of that Agreement until the completion or termination of c
any Work Order/Purchase Order.
Purchase Orders: The Consultant/Contractor/Vendor D
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16. Insurance Requirements r
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The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in Insurance and a
Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain E
property insurance upon the entire project, if required, to the full insurable value of the scope ofo
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The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to
the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
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Certificates issued as a result of the award of this solicitation must identify"For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests' provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
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Collier County
Board of County Commissioners
Naples, Florida 0
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The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services -a
Office (ISO)forms and endorsements or their equivalents. If Vendor has any self-insured 3
retentions or deductibles under any of the below listed minimum required coverage, Vendor must
identify on the Certificate of Insurance the nature and amount of such self- insured retentions or M
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All co
self-insured retentions or deductibles will be Vendor's sole responsibility.
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Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer. c
The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall
also notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices
of expiration, cancellation, non-renewal or material change in coverage or limits received by
Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to o0
provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by
Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to
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the full extent permitted under such policy.
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Should at any time the Vendor not maintain the insurance coverage(s) required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse c
the County for such costs within thirty (30) days after demand, the County has the right to offset
these costs from any amount due Vendor under this Agreement or any other agreement between
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the County and Vendor. The County shall be under no obligation to purchase such insurance, nor
shall it be responsible for the coverage(s) purchased or the insurance company or companies
used. The decision of the County to purchase such insurance coverage(s) shall in no way be E
construed to be a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure
of the Vendor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts.
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15. Collier County Information Technology Requirements
All vendor access will be done via VPN access only. All access must comply with current
published County Manager Agency (CMA) policies.
Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon
request from the Information Technology Department. All vendors will be required to adhere to IT
policies for access to the County network. Vendors are required to notify the County in writing
twenty-four(24) hours in advance as to when access to the network is planned. Included in this
request must be a detailed work plan with actions that will be taken at the time of access. The
County IT Department has developed a Technical Architecture Requirements Document that is
required to be filled out and submitted with your bid response. This document can be found on the L
Collier County Procurement Services Division website: www.colliergov.net/purchasinq. On the left
hand side of the menu, click on CC Technical Requirements. If this document is not submitted with 0
your bid response, your bid response may be deemed non-responsive. c
16. Security and Background Checks
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. M
If required, Contractor shall be responsible for the costs of providing background checks by the 00
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 o
local law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records. Contractor shall be
required to maintain records on each employee and make them available to the County for at least
four(4) years.
All of Contractor's employees and subcontractors must wear Collier County Governmentcn
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 a
valid, as discussed below. All technicians shall have on their shirts the name of the contractor's
business. Y
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The Contractor shall immediately notify the Collier County Facilities Management Division via e-
mail (DL-FMOPS(a�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.
CCSO 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 vendor is responsible for all costs.
17. Maintenance of Traffic Policy
For all projects that are conducted within a Collier County Right-of-Way, the Vendor shall provide
and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation's Design Standards (DS) on state roadways. These projects
shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein
by reference. Copies are available through the Risk Management and/or Procurement Services
Division and are available on-line at colliergov.net/purchasing.
#16-6640R 31
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16.E.2.b
The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway &Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic
("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
18. Debris
Vendor shall be responsible for the removal and disposal of all debris from the site and the
cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable c
materials resulting from their work and as work progresses; or upon the request of the County's
representative, shall remove and dispose such debris and materials from the property. The (I)
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Vendor shall leave all affected areas as they were prior to beginning work.
19. Direct Material Purchase
The County reserves the right to require Vendor to assign some or all of its agreements with
material suppliers directly to the County. Any such goods and/or materials purchased by the
County pursuant to such an assignment of a material supply agreement shall be referred to as
"County Furnished Materials" and the responsibilities of both the County and the Vendor relating o
to said materials shall be governed by the terms and conditions of this solicitation.
Additionally, the County at its sole option may choose to purchase some or all of the goods and/or cn
materials from other suppliers. In either instance the County may require the following information E
from the Vendor:
• Required quantities of material.
• Specifications relating to goods and/or materials required for job including brand and/or model a)
number or type if applicable a°
• Pricing and availability of goods and/or materials provided under Vendor's agreements with
material suppliers
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20. Grant Compliance
The purchase of any goods and/or services that are funded through Federal Grant Appropriations,
the State of Florida, or any other public or private foundations shall be subject to the compliance
and reporting requirements of the granting agency.
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21. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform
the required service. If required by the County, the Vendor shall supply a list of equipment and an U
hourly rate for each. Hourly rates will commence once equipment arrives at the service site, Q
unless otherwise agreed in writing by the Project Manager.
In the event that additional specialized and/or heavy equipment(backhoe, crane, mudhog, etc.) is
needed, the Project Manager must be notified in advance for approval. The reimbursement of
additional equipment expense shall be at cost and will commence once equipment arrives at the
service site, unless otherwise agreed in writing by the Project Manager. The County reserves the
right to request and obtain documentation of the Vendor's cost for time and material projects, and
to withhold payments until documentation is provided.
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16.E.2.b
All County-purchased equipment must be new and of current manufacture in production at the
time of bid opening, and carry industry standard warranties. At the time of delivery, at least two (2)
complete shop repair manuals and parts lists must be furnished with each type of equipment.
Vendor must service all equipment prior to delivery and/or acceptance by the County.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the Vendor from
furnishing a complete unit.
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16.E.2.b
Caber County
Ad.�. _
ministrative Services Department
r^racuremen;Serrces L.w[sion
Attachment 1: Vendor Submittal - Vendor's Non-Response Statement
The sole intent of the Collier County Procurement Services Division is to issue solicitations that are
clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why
prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB,
please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via
email or fax to the Procurement Strategist listed on the first page or mail to: Collier County
Procurement Services Division, 3327 Tamiami Trail East, Naples, Florida 34112.
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We are not responding to this ITB for the following reason(s): n
Solicitation: 16-6640R Uninterrupted Power Systems
03Services requested not available through our company.
❑ Our firm could not meet specifications/scope of work. 00
❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.)
❑ Project is too small.
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] Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address: N
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] Other reason(s): .a
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Firm's Complete Legal Name
to
Address
City, State, Zip
E
Telephone Number
FAX Number
Signature/Title
Type Name of Signature Date:
#16-6640R 34
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16.E.2.b
Caller County
4drrinistrE ve Services Department
ewureri,en[Seriices Di r[svt,
Attachment 2: Vendor's Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the
spaces indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed: o
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked. (ts
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included. M
7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has
been included.
8. Addendum have been signed and included, if applicable. °
9. Affidavit for Claiming Status as a Local Business, if applicable. f
10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding.
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this in
ITB. c)
12. The mailing envelope must be addressed to: N
Procurement Director
Collier County Government
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Procurement Services Division
3327 Tamiami Trail E n.
Naples FL 34112 °'
The mailing envelope must be sealed and marked with: Q
• Solicitation: 16-6640R Uninterrupted Power Systems L
• Opening Date: August 15, 2016 at 2:30 PM
13. The bid will be mailed or delivered in time to be received no later than the specified opening date
and time. (Otherwise bid cannot be considered.)
14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and
receipt). If submitting bid electronically, bidder will need to download all related documents on
www.colliergov.net/bid. The system will date and time stamp when the addendum files were
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downloaded
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ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET. tci
Company Name
Signature &Title
Date
#16-6640R 35
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16.E.2.b
Cad[ e-r Couvrty
Administrative Services Department
Procurement Sert.ces Don
Attachment 3: Vendor Submittal - Bid Response Form
FROM: in
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Board of County Commissioners
Collier County Government Center
Naples, Florida 34112 cn
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RE: Solicitation: 16-6640R Uninterrupted Power Systems
Dear Commissioners:
The undersigned, as Vendor, hereby declares that the specifications have been fully examined and Q0
the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as
per the scope of work. The Vendor further declares that the only persons, company or parties
interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is
made without connection with any other person, company or companies submitting a Bid; and it is all
respects fair and in good faith, without collusion or fraud. c°
The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in
accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to
provide the following: `n
* ** SEE FOLLOWING PAGES * ** 0
a.°
Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for less than
fifteen (15) days payment be offered.
Prompt Payment Terms: % Days; Net_ Days
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Bid Response Form is electronic. Please input your prices online.
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Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid
response pages. The undersigned do agree that should this Bid be accepted, to execute a formal
contract, if required, and present the formal contract to the County Procurement Director for approval
within fifteen (15) days after being notified of an award.
#16-6640R 36
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16.E.2.b
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
, 20 in the County of , in the State of
Firm's Complete Legal Name
Address
City, State, Zip
Florida Certificate of Authority
Document Number
Federal Tax Identification cc
Number o
CCR#or CAGE Code
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Telephone Number D
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FAX Number 3
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Signature/Title coco
Type Name of Signature o
Date —.
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**,t**+*****,r******,t,t** *,t*,t+***.*******,r,t*******,t**************,t*******************.************** N
Additional Contact Information Cl)
Send Payments To: (REQUIRED ONLY if different from above) a.
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Address Q
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#16-6640R 37
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16.E.2.b
Co`I(ier Comity
Administrative Services Department
Procurement Senates Gm:don
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit
Solicitation: 16-6640R Uninterrupted Power Systems (Check Appropriate Boxes Below)
State of Florida (Select County if Vendor is described as a Local Business
❑ Collier County
❑ Lee County
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Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board
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of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County o
Procurement Ordinance: U
Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax a
Collector for at least one year prior to bid or proposal submission to do business within Collier County, and
that identifies the business with a permanent physical business address located within the limits of Collier
County from which the vendor's staff operates and performs business in an area zoned for the conduct of
such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a
construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of cc
establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of Collier County in a verifiable
and measurable way. This may include, but not be limited to, the retention and expansion of employment
opportunities, support and increase to the County's tax base, and residency of employees and principals of 7
the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the
time of submitting their bid or proposal to be eligible for consideration as a "local business" under this
section.A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to U)
the County will lose the privilege to claim Local Preference status for a period of up to one year under this
section.
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Vendor must complete the following information: cn
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Year Business Established in ❑Collier County or ❑ Lee County:
a.Number of Employees(Including Owner(s)or Corporate Officers): .Q
Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s)or Corporate Officers): L
If requested by the County, vendor will be required to provide documentation substantiating the information
given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
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Vendor Name: Date:
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Address in Collier or Lee County: CO
Signature: Title:
STATE OF FLORIDA R
1=1 COLLIER COUNTY El LEE COUNTY Q
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day
of , 20
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
#16-6640R 38
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16.E.2.b
Collier CoRvity
r umsnistrat ve Services Department
ocurennen:rerwicei,D.siar
Attachment 5: Vendor Submittal—Immigration Affidavit
Solicitation: 16-6640R Uninterrupted Power Systems
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal
Invitations to Bid (ITB's)and Request for Proposals (RFP) submittals. Further, Vendors/ Bidders are required to enroll
in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Compan
Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor I o
Bidder's proposal as non-responsive. a.
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Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e)of -o
the Immigration and Nationality Act("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the
INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be 0.)
grounds for unilateral termination of the contract by Collier County.
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Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act
and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E- :°
Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the `'
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the c°
Vendor's/ Bidder's proposal.
Company Name
Print Name Title
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Signature Date C)
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State of E
County of
The foregoing instrument was signed and acknowledged before me this day of ,20_, by CL
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who has produced as identification.
(Print or Type Name) (Type of Identification and Number) co
Notary Public Signature °'
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Printed Name of Notary Public
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
#16-6640R 39
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16.E.2.b
Collier County
Administrative Services Department
ProcureirIait:Services Di.ision
Attachment 6: Vendor Substitute W—9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County(including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and u,
return with your quote or proposal.
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1. General Information (provide all information) o
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Taxpayer Name
(as shown on income tax return) a-
Business Name
(if different from taxpayer name)
Address City
State Zip
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Telephone FAX Email
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Order Information Remit/Payment Information
Address Address
City State Zip City y
State Zip
FAX FAX
Email Email U)
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2. Company Status (check only one) 0-
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Individual/Sole Proprietor Corporation Partnership
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Tax Exempt(Federal income tax-exempt entity Limited Liability Company L
under Internal Revenue Service guidelines IRC a)
501 (c)3) Enter the tax classification c
(D=Disregarded Entity, C=Corporation, P=Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
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Federal Tax Identification Number(TIN) C°
(Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form ea
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
#16-6640R 40
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16.E.2.b
Collier Comity
Administrative Services Department
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Attachment 7: Vendor Submittal - Insurance and Bonding Requirements
Insurance I Bond Type Required Limits
1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government 17)
Compensation Statutory Limits and Requirements 0
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2. ® Employer's Liability $100.000 single limit per occurrence o
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3. ® Commercial General Bodily Injury and Property Damage °-
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Liability(Occurrence Form) -12patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury 12
ISO form Liability and Property Damage Liability. This shall include Premises and 3
Operations; Independent Contractors; Products and Completed Operations `.t
and Contractual Liability. to
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4. ® Indemnification To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall indemnify and hold harmless Collier o
County, its officers and employees from any and all liabilities, damages, o
losses and costs, including, but not limited to, reasonable attorneys'fees and 'c.7
paralegals'fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone co
employed or utilized by the Contractor/Vendor/Consultant in the performance E
of this Agreement. N
4. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage,
Owned/Non-owned/Hired; Automobile Included
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5. ® Other insurance as ❑ Watercraft $ Per Occurrence a.)
noted: 25
❑ United States Longshoreman's and Harborworker's Act coverage shall be a
maintained where applicable to the completion of the work.
$ Per Occurrence °'
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❑ Maritime Coverage(Jones Act)shall be maintained where applicable to D
the completion of the work. o
$ Per Occurrence coo
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❑Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services c
under this Agreement. E
$ Per Occurrence E
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® Pollution $ 1,000,000 Per Occurrence Q
❑ Professional Liability $ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
#16-6640R 41
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I6.E.2.b
❑ Employee Dishonesty/Crime $ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the
as
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award. o
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to ma.
Owner; provided, however, the surety shall be rated as "A-"or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy Q
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New co
York 10038. o
0
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to R
meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions.
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9. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial
General Liability where required.
v,
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County cL
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all d
work performed on behalf of Collier County.
11. ® Thirty(30) Days Cancellation Notice required. Q.
3
Vendor's Insurance Statement
CL
We understand the insurance requirements of these specifications and that the evidence of insurability may be required Z'ro
within five(5)days of the award of this solicitation.
Name of Firm Date
Vendor Signature U
Print Name Q
Insurance Agency
Agent Name Telephone Number
#16-6640R 42
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1 6.E.2.c
AGREEMENT 16-6640R
for
Uninterrupted Power Systems
THIS AGREEMENT, made and entered into on this 13th day of September, 2016, by and
between Precision Power Services, Inc., authorized to do business in the State of Florida,
whose business address is 3959 Van Dkye Road, Suite #230, Lutz, Florida 33558 (the
"Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
0
1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing
on Board Award Date and terminating one (1) year from that date or until all outstanding
Purchase Orders issued prior to the expiration of the Agreement period have been
completed or terminated. Q
2. RENEWAL. 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 00
for three (3) additional one (1) year 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.
L
The County Manager, or his designee, may, at his discretion, extend the Agreement o
under all of the terms and conditions contained in this Agreement for up to one hundred a
and eighty (180) days. The County Manager, or his designee, shall give the Contractor 0
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.
ft
3. STATEMENT OF WORK. The Contractor shall provide all necessary labor, materials,
LD
tools, equipment, supplies, consumables, maintenance, transportation, skills, and
incidentals, and any other necessary accessories or services to perform Uninterrupted
Power Systems services as specified and in accordance with the terms and conditions
of Invitation to Bid (ITB) #16-6640, Exhibit A — Scope of Services Contractor's Bid r)
Proposal, Exhibit B - Fee Schedule, Exhibit C —Facilities Management Division UPS 2.1
List, Exhibit D — Public Utilities UPS List, and Exhibit E — Information Technologies
Division UPS List, referred to herein and made an integral part of this Agreement.
The Contractor is the Primary for Preventative Maintenance. If the Primary
Contractor cannot provide requested services within the timeframe specified by the user
division, then the Secondary Contractor will then be contacted. If the Secondary
Contractor cannot provide requested services within the timeframe specified by the user
division then the Tertiary Contractor will be contacted.
The Contractor is the Secondary for Routine Service, On-Call Service, Emergency
Service Repairs and Replacements. If the Primary Contractor cannot provide
requested services within the timeframe specified by the user division, then the
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Secondary Contractor will then be contacted. If the Secondary Contractor cannot
provide requested services within the timeframe specified by the user division then the
Tertiary Contractor will be contacted.
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 the aggregate of the services furnished at the unit price and rates in
Exhibit B — Fee Schedule, 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 Representative or designee, and in compliance with Chapter 218, Fla. Stats., a.
otherwise known as the "Local Government Prompt Payment Act."
4.1 Price Methodology:
Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, r
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification. cr'
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are n
transferred from the County to the contractor; and, as a business practice there are no
hourly or material invoices presented, rather, the contractor must perform to the
satisfaction of the County's County Representative or designee before payment for the CD
fixed price contract is authorized.
Only a single lump sum quote is required, no itemized breakdown for the lump sum
quote will be required for quoting or payment purposes. No time and material quotes will
be accepted or required for quoting or payment. Actual invoices for materials,
subcontractors, mark-ups, etc. will not be required for payment purposes, as the lump
sum quote does not require a breakdown of the quote or supporting documentation. cs,
Timesheets and/or timecards will not be accepted or required for quoting or payment
purposes to support labor hours, as they are not required for a lump sum quote.
For lump sum quotes all three awardees (primary, secondary, and tertiary) must
provide a lump sum quote or explanation for a no quote. e
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 mark-up). 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
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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.
4.2 Any County agency may purchase products and 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 0
untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement. Cl.
L
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. No mark-up shall be applied to these taxes or fees. 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 # 85-8015966531C-2.
6. 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:
Precision Power Services, Inc.
3959 Van Dkye Road, Suite #230
Lutz, Florida 33558 T.
Telephone: (866) 929-6319 r
Facsimile: (727) 376-6700
e-mail: cherz@precisionups.com
Attention: Christopher Hertz, President
All Notices from the Contractor to the County shall be deemed duly served if mailed or
CD
faxed to the County to: ,
Collier County Government Center
Procurement Services Division
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Director, Procurement Services Division
Telephone: (239) 252-8407
Facsimile: (239) 252-6480
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
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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 E'
for payment of any and all taxes levied on the Contractor. In addition, the Contractor 8
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 cn
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 a
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 .N
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 0
the suspension period until the violation has been corrected to the satisfaction of the o
County.
10. TERMINATION. With respect to this agreement, should the Contractor be found to have
failed to perform his services in a manner satisfactory to the County as per this
Agreement, the County may terminate said Agreement for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The
County shall be sole judge of non-performance. With respect to a particular Project,
termination shall be governed by the terms of the Purchase Order.
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.
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12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability. 3
f6
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per o
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage U
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership. -�
C. Workers' Compensation: Insurance covering all employees meeting Statutory a
Limits in compliance with the applicable state and federal laws.
co
The coverage must include Employers' Liability with a minimum limit of $100,000 for o
each accident.
D. Pollution: Coverage shall have minimum limits of $1,000,000 Per Occurrence and to
shall be maintained by the Contractor.
0
0-
Special
Special Requirements: Collier County Government shall be listed as the Certificate o
Holder and included as an Additional Insured on the Comprehensive General Liability 'N
Policy. L
a
Current, valid insurance policies meeting the requirement herein identified shall be
e4
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 ten (10) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of: ten (10) 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 he is required to meet.
13. 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, whether resulting from any claimed breach of this
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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.
17)-
T.
13.1 The duty to defend under this Article 13 is independent and separate from the duty o
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 M
indemnified hereunder is fully and finally barred by the applicable statute of limitations. 00
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of S'
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 a
the performance of services required hereunder. Contractor further represents that no 0
persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the a
following component parts, all of which are as fully a part of the Agreement as if herein c
set out verbatim: Insurance Certificate(s), Exhibit A— Scope of Services, Exhibit B — Fee
Schedule, Contractor's bid proposal, Exhibit C —Facilities Management Division UPS
List, Exhibit D — Public Utilities Department UPS List, Exhibit E — Information E'
Technologies Division UPS List, and ITB #16-6640R. E
L
17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between Q
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
18. 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,
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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.
19. 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
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety (including, but 41
not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida L
Public Records Law Chapter 119), including specifically those contractual requirements o
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 a
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102 (I)
Naples, FL 34112-5746 0
Telephone: (239) 252-8383 a.
The Contractor must specifically comply with the Florida Public Records Law to:
a
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 to
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 Zi
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
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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
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and Y
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful proposer.
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21. 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.
22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and co
Procurement Procedures and Section 4.1 of this Agreement.
23. 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 CD
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 o
negotiations to County for approval. Failing resolution, and prior to the commencement .N
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-upona.
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 43,
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.
24. 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 U
jurisdiction on all such matters.
25. 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 the required services on a timely
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basis, and each person assigned shall be available for an amount of time adequate to
meet the required service delivery dates.
26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or
the County's Board approved Executive Summary, this Agreement shall take
precedence.
27. 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 Y
Agreement, or any part herein, without the County's consent, shall be void. If Contractor L
does, with approval, assign this Agreement or any part thereof, it shall require that its o
assignee be bound to it and to assume toward Contractor all of the obligations and U
responsibilities that Contractor has assumed toward the County. a.
28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as 5
amended. Background checks are valid for five (5) years and the Contractor shall be a
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, 'E
education, residence and employment verifications and other related records. Contractor
shall be required to maintain records on each employee and make them available to the
County for at least four (4) years. a.
All of Contractor's employees and subcontractors must wear Collier County Government .N
Identification badges at all times while performing services on County facilities and .-,y;
properties. Contractor ID badges are valid for one (1) year from the date of issuance and o
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 a
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.
CCSO 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 Q
fees for this process, the vendor is responsible for all costs.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized
person or agent, have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Donna Fiala, Chairman 73
Dated: Al
(SEAL)
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Precision Power Services, Inc.
Contractor I'
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By: M
First Witness Signature 00
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Second Witness
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Approvedist•' / and legality:
Vika' IA
Jeffrey A. Ktz.•w, County Attorney 1
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Exhibit A— Scope of Services
PREVENTATIVE MAINTENANCE
The preventative maintenance covered by this scope of work includes (all checks or processes may
not be applicable to all equipment types or models):
1. Visual Inspections:
• Inspect all printed circuit board connections for cleanliness, swab contacts if
necessary;
• Inspect all power connections for signs of overheating;
• Inspect all subassemblies, bridges, and legs for signs of component defects or stress;
• Inspect all DC capacitors for signs of leakage; o
• Inspect all AC capacitors for signs of leakage; (.)
• Inspect and inventory all customer-owned spare parts; a.
• Inspect for and perform, as required, any open engineering changes;
• Inspect insulation, overheating, and physical damage; and
• Inspect battery monitoring system.
2. Internal Operating Parameters: (o
• Control calibrations—check/adjust, as necessary;
• DC Ground Detection Offset, if applicable;
• Inverter leg current average phase balance, if applicable; cp
• Output filter current average phase balance;
• Rectified bridge current average leg balance;
• AC Protection settings are checked;
• DC Protection settings are checked; o
a.
• Calibrate and record all electronics to system specifications;
• Input and Output Frequency and Voltage Bandwidth settings are checked; °
1)
• Verify DC filter capacitance;
• Verify AC tank and trap filter capacitance including balancing of items;
• Power Supply voltages and waveforms;
• Update firmware as necessary with customer approval (parts if required are included
at no charge with full parts coverage if the equipment is under Service Agreement. If
there is no service agreement, the parts may be billed at actual cost with applicable
markups); and a
• Evaluate Field Service Bulletins (FSBs) for potential updates (parts if required are
included at no charge with full parts coverage if the equipment is under Service ;v
Agreement. If there is no service agreement, the parts may be billed at actual cost ¢
with applicable markups). c
3. External Operating Parameters:
• System Input Voltages, all phases;
• System Input Currents, all phases;
• DC Charging Voltages (float and equalize), record settings, and adjust to nominal;
• Rectifier phase on and walk-up;
• Inverter phase on and walk-up;
• Adjust all panel meters to measured values;
• System Bypass Voltages, all phases;
• Manual and UV Transfer Testing, verify uninterrupted transfer waveform, if applicable;
• Outage Simulation, batter capability testing, and verify charger current limit; and
• Generator operation and interface verification, if applicable.
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4. Environmental Parameters:
• UPS area ambient temperature and condition of ventilating equipment;
• General Cleanliness of UPS Power Module;
• General Cleanliness of UPS area;
• Replace air filters as applicable and necessary (parts if required are included at no
charge with full parts coverage if the equipment is under Service Agreement. If there
is no service agreement, the parts may be billed at actual cost with applicable
markups);
• Clean outside of UPS including control panel/CRT screen; and
• Flywheel only: Drain oil and change oil and filers.
5. Battery Cabinet Checks:
• General appearance of battery systems (all types);
• General cleanliness of batter system areas (all types); o
• Verify the integrity of the battery rack/cabinet; o
• Inspect all DC connections for abnormalities; a.a.
• Inspect cells for physical abnormalities;
• Check batter for current limits, input limits, overload levels, and over temp circuits; 6-
• •Check for corrosion on battery terminals and connectors;
• Clean batteries as necessary;
• Verify proper torque on connections;
op
• Verify the condition of the ventilation equipment, if applicable;
• Check the appearance of the battery room, if applicable;
• Battery system area ambient temperature and condition of ventilating equipment; and
• For internal batters only—measure and record:
i. Overall battery float voltage;
ii. Charger output current and voltage;
iii. Negative terminal temperature of one cell/battery per battery cabinet shelf or a
rack tier; and
iv. Momentary load testing of cells < 100 watts (e.g. 9E, 9x55, not 9330).
6. Monitoring System Parameters:
• Alarm archive review and printing; a
• Alarm lamp test-local and remote, if applicable; o
• Replace all open monitor bulbs;
• Inspect battery monitoring system; and
• Review battery test in history, if applicable.
7. Circuit Breakers/Isolators:
• Check capacitors for swelling or leaks; CD
• Verify free travel; and
• Check magnetic/thermal settings. a
8. Additional Items:
• Synchronizing verification: E
i. Utility Sync and Transfer to bypass;
ii. Transfer from bypass to UPS;
iii. Verify voltage and phase lockout; and
iv. Verify static bypass operation.
• Fuses need verified for type, value, and condition;
• Power Measurements (on-line):
i. Output RMS current (Phase and Neutral); and
ii. Output Peak current (Phase and Neutral).
• Cleaning/Air Flow—check fans, doors, and compartment seals
i. Replace filters; and
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ii. Clean Module.
• Clean normal cell dirt/dust accumulation, when possible.
• Battery recycling as required, is included.
• Check nuts, bolts, screws, and connections for tightness and heat discoloration,
• Operational testing of the system including unit transfer and battery discharge.
9. General:
• Customer consultation;
• Verbal recommendations; and
• General observations.
Following the preventative maintenance inspection, a written report / check list will be provided to the
Division detailing the results of the inspection, services completed, and making specific
recommendations for future remedial action, upgrades, etc. o
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Preventative maintenance on each unit / system / battery is required to be completed in accordance
with the manufacturer's recommendations. Preventative maintenance will be billed by item serviced.
Actual records must be provided for payment. These records will include but not be limited to: a E
summary spreadsheet for each unit services with the date of service and an attestation signed by the
Contractor.
coTypically, preventative maintenance will be completed during normal business hours; however, the
County may request preventative maintenance during off-hours, as deemed necessary by the County
representative or designee. A surcharge will be allowed for off-hours preventative maintenance, if
necessary and first approved in writing by the County representative or designee.
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Equipment Manufacturer Services Plans may be added as a separate "turnkey" item for specific units,
as needed by County Divisions. When these services occur, a quote following the pricing methodology 0
of the solicitation will be requested from the Contractor.
0
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ON-CALL SERVICES (for regular and emergency equipment maintenance, repair, and
replacement identified in the scope of work):
The two types of maintenance, repair, and replacement services required are:
• On-Call Repair Work: The County representative or designee will provide a scope of work
to be performed to the Contractors and request that a "time and materials" or "lump sum"
quote be provided. The County expects that for on-call repair work, the contractor provides
a price quote within a reasonable time (one to two business days) from the point of initial
contact. Once a purchase order is issued, the County representative or designee would
expect that the on-call service for regular maintenance, repair and replacement commence
within two (2) business days, unless otherwise directed by the County representative or
designee. In the event that the Contractor does not fulfill these response requirements, the
County reserves the right to contact other Contractor to perform the scope of work.
co
• Emergency Repair Work: The County representative or designee will identify the needed
maintenance, repair and replacement for the life, health, safety or equipment/facility
emergency and request that work be completed as soon as reasonably practicable. The
County representative or designee may direct the Contractor to commence work through a
verbal direction; and a purchase order will be issued to the Contractor as soon as possible.
All emergency repair work will be completed on a time and materials based on the
contracted pricing schedule. If any repair is deemed an emergency, all parts must be
shipped overnight and repairs are to start immediately upon the part being received.
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In each scope of work the County representative or designee reserves the right to specify: the period of
completion; collection of deductions / fines or actual costs in the event of late completion and/or non-
compliant performance and/or vendor caused damages; and "lump sum" or"time and material" sums.
• If"lump sum" quote is requested, the Contractor shall provide:
✓ A not-to-exceed total cost for the entire scope of work including a brief description of
the work to be completed;
✓ Lump Sum (fixed price) is a firm fixed total price offering for a project; the risks are
transferred from the County to the Contractor; and, as a business practice there are
no hourly or material invoices presented, rather, the Contractor must perform to the
satisfaction of the County's project manager or designee before payment for the
fixed price contract is authorized. a
✓ Only a single lump sum quote is required, no itemized breakdown for the lump sum
quote will be required for quoting or payment purposes. No time and material quotes
will be accepted or required for quoting or payment. Actual invoices for materials, a
subcontractors, mark-ups, etc. will not be required for payment purposes, as the
lump sum quote does not require a breakdown of the quote or supporting 2
documentation. Timesheets and/or timecards will not be accepted or required for
quoting or payment purposes to support labor hours, as they are not required for a
lump sum quote.
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• If"time and material" quote is requested, the Contractor shall provide:
✓ The expected number of work hours by each position (and the hourly rate) and the
extended total;
✓ The breakdown of the cost for supplies, parts and equipment used for the scope of in
work; the Contractor must provide itemized documentation of any supply, part or 3
piece of equipment with their invoice. o
✓ If applicable, a mark-up of subcontractor's labor, supplies / materials and equipment c
may be included; the Contractor must provide itemized documentation (including the g
subcontractor's invoice) of any subcontractor's labor, supplies / materials, and
equipment. d
✓ The County agrees to pay the Contractor for the amount of labor time spent by the
Contractor's employees, (number of hours times hourly rate), and for materials and
equipment used in the project (cost of materials plus the Contractor's mark-up).
Subcontractors will be paid by the contractor according to their submitted invoice(s) (10
then the contractor will be allowed to charge a markup accordingly.
✓ As a general business practice, the time and material invoices would include back-
up documentation for costs for supplies/materials, equipment rental, subcontractors,
etc. 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.
✓ Taxes, related fees, and ancillary charges may be transferred to the County in the
actual amount; however, mark-ups will not be allowed. Mark-ups will not be allowed
on sales tax, consumer fees or taxes, use and other similar taxes, or fees
associated with any work under this Agreement.
✓ Freight and shipping charges will be allowed if included in the quote and only
allowed to the amount support by back-up documentation. No mark-up will be
allowed for freight or shipping charges.
✓ If applicable, a ten (10%) percent mark-up of subcontractor's labor, subcontractor's
supplies / materials, subcontractor's equipment, rental equipment, contactor's
equipment, Contractor supplies/ materials, etc. will be allowed.
Page 14 of 22
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Precision Power Services,Inc.
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I6.E.2.c
Contractors Responsibilities
The Contractor awarded for preventative maintenance inspection services, repair services, emergency
and for on-call services will provide:
1. All necessary labor, materials, equipment, tools, consumables, transportation, skills, and
incidentals required for the preventative maintenance inspection services, repairs, and on-call
services for the County's systems. Except as noted herein, travel, fees and surcharges will not
be accepted in conjunction with this contract, and such charges should be incorporated into the
pricing structure. A contractor will not be allowed to bill for administrative hours for invoicing,
providing back-up and supporting documentation, etc. y
f0
All work shall be a "turnkey" operation to include all repairs, site clean-up and restoring the
work area to its original condition. The resultant contract provides for any services deemed 0
necessary to complete the job, through means of Contractor in-house expertise or sub- co
contracted work as needed (back-up documentation will be required for sub-contracted work).
The Contractor shall ensure that all areas and equipment (i.e. UPS units and systems,
batteries, etc.) be kept clean and free from dirt, dust and debris.
Where necessary, work shall include proper permitting, as required, and the Contractor shall be
responsible for permit submissions, unless otherwise instructed by the County. Permit fees
may be included as a line item on invoices/quotes with no markup.
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The Contractor will maintain sufficient personnel to accomplish County's work schedule.
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2. The Contractor will use technicians who are trained and experienced with brands serviced. iv
The Contractor's technicians will be available for response twenty-four (24) hours a day, seven
(7) days a week, 365 days per year for any emergency repairs. The Contractor shall provide a_
the County with an on-call telephone number for emergency service. The Contractor shall o
employ an adequate staff of approved technicians to provide service taking into account
vacation and other leaves.
3. Response time: Emergency response shall be provided in no more than four (4) hours from 0
the time of the call. Non-emergency response within eight (8) hours is acceptable. For on-call
repairs, the Contractor must be on-site and repairs begun within twenty-four (24) hours of the
initial call being placed for all areas unless the County Representative approves a different
amount of time for response.
4. A qualified engineer (with all related licenses and certifications being current and in full force
and effect) with the experience and ability to "pull" all permits required for any and all system ¢
renovations, when necessary and applicable.
E
There is a multitude and variety of different systems currently in place. All brands must be able
to be serviced by the vendor or the vendor use a subcontractor to service the equipment.
5. Call Schedule: Contractor will provide an on-call schedule twenty-four (24) hours a day, seven
(7) days per week, 365 days per year. The Contractor shall provide the County with an on-call
telephone number(s) for standard, technical, and emergency services.
6. Replacement / Repair Parts: All replacement / repair parts must be approved and be of
genuine and original manufacturer's parts. The Contractor will be required to provide proof of
Page 15 of 22
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Precision Power Services,Inc.
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16.E.2.c
the Original Manufacturer's parts through providing invoices or photographs at the time of
invoice submission.
The Contractor shall be required to expressly warrant that all replacement are new and free
from defects, warranted for their merchantability and meet the performance specifications of
the original equipment. In the event a portion, or all of an order, is found to be defective when
delivered and/or installed, the Contractor shall immediately replace the equipment at no cost to
the County.
7. Warranties: All new equipment warranty work shall be provided by the original warranty
supplier. All warranty responsibility for previously purchased, but still under warranty,
equipment 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 representative o
or designee. rn
All trouble calls shall be initially reported to the Contractor. If the trouble call involves a warranty
item, the Contractor shall notify the County representative or designee, 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 representative or designee shall be provided by the Contractor at no additional cost to co
the County.
N
Parts, replacement parts, and fixtures shall be new and warranted for a minimum of one (1)
year, or the maximum allowed by the manufacturer. All labor for repairs shall have a minimum
ninety (90) day warranty.
8. Additions and Deletions of Equipment: The County retains the right to add or to delete any
equipment from service provided under this Contract as described herein, upon written
notification by the County designee to the Contractor. Any additions or deletions shall be
handled by letter from the County representative or designee and approved by the
Procurement Strategist. Q
The County, or designee, shall attempt to provide advanced notice to the Contractor of all o
additional and/or new equipment; however, should Contractor's personnel receive a
maintenance or repair call and records show that the individual piece of equipment is not c6
inventoried or covered by this Agreement, the Contractor personnel will perform repairs as if E'
equipment was covered by this Agreement and shall notify the County designee.
The County, or designee, will provide notice of additional equipment in writing to the a,
Contractor, whenever possible. The Contractor may then charge for that piece of equipment, as
described below, respectively, effective the date the Contractor was called for service on that c
piece of equipment. E
If removing equipment from coverage, the County Representative or designee shall provide
written or electronic notice to the Contractor. Equipment removed shall not be billed for the
month of removal. Any prepaid coverage fees will be refunded at a pro-rata amount to the
County in the form of a credit on the subsequent billing.
9. Records and Documentation: The Contractor is responsible to maintain and update records
for each type of equipment serviced. The documentation will include, and not be limited to,
records of all service calls, preventative maintenance performed, and any system
modifications, if applicable. The Contractor will maintain a service log at the site of each piece
Page 16 of 22
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of equipment maintained. The Contractor will not charge for any call back work. All recovery
reports shall be sent to the County contract manager, or their designee, noting date, type,
quantity, location, and disposal information.
10. Inspections: The County and the Contractor may conduct an inspection of the completed
services provided in response to any resulting purchase order. Any deficiencies noted during
an inspection shall be corrected before final acceptance. Such deficiencies will be corrected
within 24 hours after receipt of notification, at the Contractor's expense, or the County may
follow the provisions in Section 11c (below). Deductions may be imposed at the time of initial
notification for lack of performance.
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If the Contractor fails to correct the defects within this time frame, the County shall be entitled
T.
to have the work remedied, charge a deduction / fine (see Section 11 Performance Measures
and Section 12 Contract Deductions), and the Contractor shall be fully liable for all costs and 0
expenses reasonably incurred by the County. cn
o.
11. Performance Measures: The Contractor shall maintain compliance with the following 'E
performance measures:
a. The Contractor will provide 100% of all required reports and records within the time frame
specified to the County, or their designee. co
b. The Contractor will advise the County, in writing, of any extenuating circumstances that will U)
prohibit the Contractor from meeting the above-outlined performance measures. U
c. The Contractor will furnish all necessary labor, tools, equipment and services to perform rn
contracted services specified in the contract. The term contract officer or project manager a)
as used herein, shall mean the County Representative or designee. The Division o
Management and/or County Representative shall be the final authority on any issues that n.
may arise as to the quality and acceptability of any work performed under this contract. If, in o
the opinion of the County Representative or designee, any part of the Contractor's
performance becomes unsatisfactory; the County will immediately levy a deduction on the
Contractor's invoice for lack of service. This deduction will be one hundred and fifty dollars
($150) per occurrence, per day, plus actual cost to correct the violation. There will be no
cost to the County for re-works or for the vendor to resolve performance issues.
The County shall have the immediate right to complete the work to its satisfaction, through
the use of County employees or outside contractors as deemed necessary, the total sum of
the County employee's hours and materials cost(s) and/or outside vendor invoices shall be
immediately deducted from the Contractor's invoice.
13. Contract Deductions: It is the County's intent to have all tasks performed satisfactorily and
completed in accordance with the specifications and frequencies set forth under the contract. It
is important that the Contractor perform all tasks as prescribed. If any tasks are omitted or not
performed satisfactorily and completely and with the frequency designated by the contract, the
entire affected area as defined solely by the designated County representative or designee
shall be found to be a non-performance area and a deduction shall be levied.
The deduction will be one hundred and fifty dollars ($150) per occurrence, per day, plus actual
cost, including County employees labor, materials cost, outside vendor cost and any other
costs for the correction of the violation.
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Deductions shall be administered through the County Representative or designee. Should the
Contractor wish to appeal these charges, they may do so in writing to the County
representative's Manager within three (3) days of receiving the fine / deduction notification.
The appeal should state dates, times and other associated facts, along with a clear description
of their argument or disagreement with the fine. The appeal should also reference this bid
document and / or other supporting documentation. Should the appeal be rejected by the
County's Representative's Manager within three (3) days, the next appeal may then be made to
the County Representative's Director within three (3) days. Each of these appeals should be
made within three (3) days of the incident or notification (for the appeal to the Division). If a
resolution cannot be obtained through the Division Management Appeal process, the
Contractor will have the right to appeal within three (3) days to the Procurement Services
Division.
14. Clean-up: The Contractor shall be responsible for removing all debris from the site and
cleaning affected areas. The Contractor shall keep the premises free of debris and unusable a
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. There will be no cost to the
County for clean-up. If the Contractor does not follow this provision, there will be a deduction of
one hundred and fifty dollars ($150) per occurrence, per day, plus actual cost to correct the M
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violation.
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Any deduction may be assessed after a minimum of one written warning.
15. Equipment Inventory: 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 an appropriate County staff member authorized to
adjust equipment inventory records.
0
16. Survivability Clause: The Contractor agrees, will honor, and finish work for any purchase
order that extends beyond the expiration date of the original solicitation and/or contract. These a.
purchase orders will survive and remain subject to the terms and conditions of the agreement o
until the completion or termination of the purchase order.
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Agreement#16-6640R"Uninterruptible Power Systems"
Precision Power Services,Inc.
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16.E.2.c
Exhibit B - Fee Schedule
On-Call Mechanical Services:
Category Unit of Measure ' Unit Price After Hours and
Holidays Unit
Supervisor Per Hour $250 $300
Licensed Journeyman Per Hour $250 $300
Apprentice Per Hour $250 $300
Engineering/Design Per Hour $250 $300 T.
Material Markup over Percentage 15% 0
cost U)
Markup over Sub- Percentage 10% a.
Contractor cost
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The hourly rates only apply to time and materials quotes. These rates will not be used or a
required for lump sum quotes. For lump sum quotes all three awardees (primary, secondary, M
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and tertiary) must provide a lump sum quote or explanation for a no quote.
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Preventative Maintenance Inspection Services:
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System Description Price Per Unit o
0 - 20 KVA $ 300.00 a
21 -40 KVA $ 350.00
41 - 80 KVA $ 400.00
Greater than 81 KVA $ 500.00
Off-hours surcharge $ 200.00
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I6.E.2.c
Exhibit C —Facilities Management Division UPS List
Brand Model Tag Description Location
Liebert 37SA030A0C6D250 1327221 Npower 30-50 CCSO Naples Jail
Liebert 37BP030XFJ1BAL 1327224 Sealed Battery CCSO Naples Jail
Liebert 38SA015COCFJ 1345743 NX 10-15 INTBAT CCSO Naples Jail
Liebert 38BP120XPX1BNS 1734204 Sealed Battery CCSO Naples Jail
Liebert 38SA120AOA01 1734205 NX 80-120/NX 480V CCSO Naples Jail
Liebert MBP3225A00S3812 1738691 MBC/SLIM LN CAB CCSO Naples Jail 0
Brand Model serial number Description Location c
0
Eaton 9315-50-80 ET372ZBA09 VRLA Sealed Building Cl V
Eaton 9355-10-15_32Batt BE301KBA12 VRLA Sealed, internal Building B n.
only -a
Eaton 9315-5080 EV473ZBA03 VRLA Sealed Building F 3
Eaton 9330-25-40 EU506AXX01 VRLA Sealed, internal Property Appraiser `.L
only M
a>
Eaton 9330-25-40 EU506AXX18 VRLA Sealed, internal MV Tax Collector
only ai
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Eaton 9330-10-20 EX062AXX14 VRLA Sealed, internal Eagle Creek Tax
only Collector in
Eaton 9355-20-30 EY464KXX44 VRLA Sealed, internal Green Tree Tax
only Collector a
Eaton 9330-10-20 EU384AXX02 VRLA Sealed, internal Immokalee Jail c
0
only 'N
0
Eaton 9355-20-30 EY155KXX14 VRLA Sealed, internal Development Services a
only
0
Eaton 9355-20-30 EY354KXX24 VRLA Sealed, internal Immokalee Jailco
only co
Eaton Uknown-30-50 B250074 VRLA Sealed Orange Blossom Tax "
Collector m
Eaton 9390-40-80 EC232CBA03 VRLA Sealed Bldg W a
FB255FBB10 Wilson Blvd. Q
Brand Model Serial number Site c
APC Symmetra PX P10741170123, CCSO Special E
SY40K40F WF0749110601, Operations 0
PD0744160045 Q
Page 20 of 22
Agreement#16-6640R"Uninterruptible Power Systems"
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Exhibit D— Public Utilities Department UPS List
UPS modes and quantities are based approximates for each location. Units may be on a
scheduled maintenance to be replaced or battery replacement only.
North County Water Reclamation Facility
South County Water Reclamation Facility
Brand Model VA Quantity Where used
APC BK350 350 15 Filters
Office I'-'
APC BE550G 550 15 Computers 0
Smart UPS- PLC,s/DEV 5
APC SMT1500 1500 33 Machine o
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Smart UPS- cn
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APC SMT3000 3000 3 Plant Servers
-13
WATER <C
Brand Model VA Quantity Where used
UPS Pro- Plants/Well 03
APC BR1500G 1500 200 Sites —
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Plants/Well °;
Duracell Battery SLA12-7F 7AH 200 Sites i'_
0
Batteries are used to replace bad batteries in N
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APC 1500's °'
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0
.
Brand Model VA Quantity Where used N
IQ Pump 2
APC BK350 350 44 Stations a.
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Smart UPS- IQ Pump
APC SMT750 750 2 Stations 'coo
Smart UPS- IQ Pump `°r
APC SMT1500 1500 3 Stations '.
Smart UPS- IQ Pump
APC SMT2200 2200 1 Stations 2
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PUMP STATIONS
Brand Model VA Quantity Where used
UPS Procts
-
APC BR1000G 1000 2 Pump Stations
Smart UPS-
APC SMT1500 1500 4 Pump Stations
Smart UPS-
APC SMT2200 2200 1 Pump Stations
SOLA SDU500 500 2 Pump Stations
FERR FE500VA 500 1 Pump Stations
Page 21 of 22
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1
16.E.2.c
Exhibit E — Information Technologies Division UPS List
Site Name Address City-Zip Make/Model Size Serial Number Note
1899 Trade Naples- 18
North Naples Center Way 34109 Best Ferrups KVA EY425FN024
Naples- 18
WAVV 1515 Benton Rd 34117 Best Ferrups KVA FE18K01243
13240 Powerware- 18
7/7
Corkscrew Immokalee Rd Naples 9170 KVA C6601N018KK022078
2901 County Naples- Powerware- 18
County Barn Barn Rd 34112 9170 KVA C6601N018KE050968
15669 Tamiami Naples- Powerware- 18a.
rn
Krehling Trail E 34114 9170 KVA C6601N018KK022077
Chalet- 520 South Marco Island 18
Marco Island Collier Blvd -34145 Best Ferrups KVA FE18K01240
8075 Lely Naples- 80
co
ESC Cultural Pkwy 34113 Powerware 9390 KVA EB333CAA08 3 phase o
y
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Page 22 of 22
Agreement#16-6640R"Uninterruptible Power Systems"
Precision Power Services,Inc.
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1 6.E.2.d
AGREEMENT 16-6640R
for
Uninterrupted Power Systems
THIS AGREEMENT, made and entered into on this 13th day of September, 2016, by and
between System Engineering International, LLC d/b/a Critical Power USA, authorized to do
business in the State of Florida, whose business address is 1539 Tilco Drive Suite, 120,
Frederick, MD 21704 (the "Contractor") and Collier County, a political subdivision of the State
of Florida, (the "County"): uUi
WITNESSETH: D.
1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing
on Board Award Date and terminating one (1) year from that date or until all outstanding
Purchase Orders issued prior to the expiration of the Agreement period have beenco
completed or terminated.
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2. RENEWAL. 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 three (3) additional one (1) year 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. w
The County Manager, or his designee, may, at his discretion, extend the Agreement L
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 ten
(10) days prior to the end of the Agreement term then in effect.
3. STATEMENT OF WORK. The Contractor shall provide all necessary labor, materials, v)
tools, equipment, supplies, consumables, maintenance, transportation, skills, and
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incidentals, and any other necessary accessories or services to perform Uninterrupted toco
Power Systems services as specified and in accordance with the terms and conditions
of Invitation to Bid (ITB) #16-6640, Exhibit A — Scope of Services Contractor's Bid
Proposal, Exhibit B - Fee Schedule, Exhibit C —Facilities Management Division UPS
List, Exhibit D — Public Utilities UPS List, and Exhibit E — Information Technologies
Division UPS List, referred to herein and made an integral part of this Agreement.
The Contractor is the Secondary on Preventative Maintenance. If the Primary
Contractor cannot provide requested services within the timeframe specified by the user
division, then the Secondary Contractor will then be contacted. If the Secondary
Contractor cannot provide requested services within the timeframe specified by the user
division then the Tertiary Contractor will be contacted.
The Contractor is the Tertiary for Routine Service, On-Call Service and Emergency
Service Repairs. If the Primary Contractor cannot provide requested services within the
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timeframe specified by the user division, then the Secondary Contractor will then be
contacted. If the Secondary Contractor cannot provide requested services within the
timeframe specified by the user division then the Tertiary Contractor will be contacted.
If the Primary Contractor cannot provide requested services within the timeframe
specified by the user division, then the Secondary Contractor will then be contacted.
The procedure for obtaining services is the same the Tertiary.
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, o
in compliance with the County's Procurement Ordinance, as amended, and
Procurement Procedures in effect at the time such services are authorized. 0.
4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement the aggregate of the services furnished at the unit price and rates in
Exhibit B — Fee Schedule, 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 co
County Representative or designee, and in compliance with Chapter 218, Fla. Stats.,
otherwise known as the "Local Government Prompt Payment Act."
4.1 Price Methodology: °
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Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service �.
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification.
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the County to the contractor; and, as a business practice there are no
hourly or material invoices presented, rather, the contractor must perform to the
satisfaction of the County's County Representative or designee before payment for the
fixed price contract is authorized.
Only a single lump sum quote is required, no itemized breakdown for the lump sum
quote will be required for quoting or payment purposes. No time and material quotes will E
be accepted or required for quoting or payment. Actual invoices for materials,
subcontractors, mark-ups, etc. will not be required for payment purposes, as the lump
sum quote does not require a breakdown of the quote or supporting documentation.
Timesheets and/or timecards will not be accepted or required for quoting or payment
purposes to support labor hours, as they are not required for a lump sum quote.
For lump sum quotes all three awardees (primary, secondary, and tertiary) must
provide a lump sum quote or explanation for a no quote.
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
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(number of hours times hourly rate), and for materials and equipment used in the project
(cost of materials plus the contractor's mark-up). 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.
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4.2 Any County agency may purchase products and services under this Agreement, U
provided sufficient funds are included in their budget(s). rn
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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 "laches" as
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untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement.
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. No mark-up shall be applied to these taxes or fees. Collier E
County, Florida as a political subdivision of the State of Florida, is exempt from the a]
payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes,
Certificate of Exemption # 85-8015966531C-2.
6. 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: w
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System Engineering International, LLC d/b/a Critical Power USA
1539 Tilco Drive Suite, 120
Frederick, MD 21704
Telephone: (240) 772-1660
Facsimile: (240) 7721666
e-mail: info@criticalpowerusa.com
Attention: Christian Davis, Chief Executive Officer
0)
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All Notices from the Contractor to the County shall be deemed duly served if mailed or a
faxed to the County to:
Collier County Government Center
Procurement Services Division
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Director, Procurement Services Division
Telephone: (239) 252-8407
Facsimile: (239) 252-6480
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The Contractor and the Countymaychange cha ge 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. Y
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8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits s
necessary for the prosecution of the Work shall be obtained by the Contractor. The V
County will not be obligated to pay for any permits obtained by Subcontractors. a
Payment for all such permits issued by the County shall be processed internally by the 3
County. All non-County permits necessary for the prosecution of the Work shall be a
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 J
comply with all laws governing the responsibility of an employer with respect to persons To
employed by the Contractor. o
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use a
in any manner whatsoever, County facilities for any improper, immoral or offensive E
purpose, or for any purpose in violation of any federal, state, county or municipal F
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 w
Contractor to be objectionable or improper, the County shall have the right to suspend E
the Agreement of the Contractor. Should the Contractor fail to correct any such violation, N
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after el'
receiving notice of such violation, conduct, or practice, such suspension to continue until o
the violation is cured. The Contractor further agrees not to commence operation during i
the suspension period until the violation has been corrected to the satisfaction of the
County.
10. TERMINATION. With respect to this agreement, should the Contractor be found to have T
failed to perform his services in a manner satisfactory to the County as per this a
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 g
County shall be sole judge of non-performance. With respect to a particular Project, s
termination shall be governed by the terms of the Purchase Order.
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.
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11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors; E
Products and Completed Operations and Contractual Liability. o
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B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per S-
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.
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C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws. u
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The coverage must include Employers' Liability with a minimum limit of $100,000 for 2
each accident. °
D. Pollution: Coverage shall have minimum limits of $1,000,000 Per Occurrence and E
shall be maintained by the Contractor.
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Special Requirements: Collier County Government shall be listed as the Certificate c
Holder and included as an Additional Insured on the Comprehensive General Liability 'a
Policy. w
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Current, valid insurance policies meeting the requirement herein identified shall be ;
16.E.2.d
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 F.
County.
O
13.1 The duty to defend under this Article 13 is independent and separate from the duty 0
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 M
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.
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14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Facilities Management Division. o
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and ,Lai
shall acquire no interest, either direct or indirect, which would conflict in any manner with E
the performance of services required hereunder. Contractor further represents that no a
persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the w
following component parts, all of which are as fully a part of the Agreement as if herein E
set out verbatim: Insurance Certificate(s), Exhibit A— Scope of Services, Exhibit B — Fee N
Schedule, Contractor's bid proposal, Exhibit C —Facilities Management Division UPS cn
List, Exhibit D — Public Utilities Department UPS List, Exhibit E — Information o
Technologies Division UPS List, and ITB #16-6640R.
17. 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.
18. 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 F
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County 2,
Administrative Procedure 5311. Violation of this provision may result in one or more of a
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.
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19. 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
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety (including, but
not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida E.
Public Records Law Chapter 119), including specifically those contractual requirements o
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 a
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383 .23
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 g
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 rn
inspected or copied within a reasonable time at a cost that does not exceed the T_
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 a
records required by the public agency to perform the service. If the Contractor t
transfers all public records to the public agency upon completion of the contract, 2
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the a
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.
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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
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
20. 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 Agreement to other governmental entities at the
discretion of the successful proposer.
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21. 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. p
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22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this a
Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures and Section 4.1 of this Agreement. °°
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23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by 2
this Agreement to resolve disputes between the parties, the parties shall make a good 2
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 a,
of depositions in any litigation between the parties arising out of this Agreement, the L
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 'a
by representatives of Contractor with full decision-making authority and by County's staff w
person who would make the presentation of any settlement reached at mediation to E
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 (12
44.102, Fla. Stat.
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24. 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 E'
federal or state courts in Collier County, Florida, which courts have sole and exclusiveCll
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jurisdiction on all such matters.
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25. 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 F
competent persons will be utilized in the performance of the Agreement. The Contractor a
shall assign as many people as necessary to complete the required services on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the required service delivery dates.
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26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or
the County's Board approved Executive Summary, this Agreement shall take
precedence.
27. 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 o
responsibilities that Contractor has assumed toward the County.
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28. 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 a
costs of providing background checks by the Collier County Facilities Management M
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, -11
education, residence and employment verifications and other related records. Contractor To
shall be required to maintain records on each employee and make them available to the o
County for at least four (4) years.
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All of Contractor's employees and subcontractors must wear Collier County Government E
Identification badges at all times while performing services on County facilities and c
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 .g
their background check is valid, as discussed below. All technicians shall have on their w
shirts the name of the contractor's business. E
The Contractor shall immediately notify the Collier County Facilities Management cn
Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to 0
Collier County separates from their employment. This notification is critical to ensure the IS
continued security of Collier County facilities and systems. Failure to notify within four (4) 6
hours of separation may result in a deduction of $500 per incident.
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CCSO requires separate fingerprinting prior to work being performed in any of their ct
locations. This will be coordinated upon award of the contract. If there are additional
fees for this process, the vendor is responsible for all costs.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
15
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized
person or agent, have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
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By: By: L
Donna Fiala, Chairman E'
Dated: 0
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System Engineering International, LLC
d/b/a Critical Power USA Q
Contractor M
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First Witness Signature 70
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Exhibit A— Scope of Services
PREVENTATIVE MAINTENANCE
The preventative maintenance covered by this scope of work includes (all checks or processes may
not be applicable to all equipment types or models):
1. Visual Inspections:
• Inspect all printed circuit board connections for cleanliness, swab contacts if
necessary;
• Inspect all power connections for signs of overheating; o
• Inspect all subassemblies, bridges, and legs for signs of component defects or stress; U
• Inspect all DC capacitors for signs of leakage; a.
• Inspect all AC capacitors for signs of leakage; -�
• Inspect and inventory all customer-owned spare parts;
• Inspect for and perform, as required, any open engineering changes;
• Inspect insulation, overheating, and physical damage; and to
• Inspect battery monitoring system. T
2. Internal Operating Parameters:
• Control calibrations—check/adjust, as necessary;
• DC Ground Detection Offset, if applicable;
• Inverter leg current average phase balance, if applicable; o
• Output filter current average phase balance;
• Rectified bridge current average leg balance; a
• AC Protection settings are checked;
• DC Protection settings are checked;
• Calibrate and record all electronics to system specifications; 0.)
• Input and Output Frequency and Voltage Bandwidth settings are checked;
• Verify DC filter capacitance;
• Verify AC tank and trap filter capacitance including balancing of items;
• Power Supply voltages and waveforms;
• Update firmware as necessary with customer approval (parts if required are included
at no charge with full parts coverage if the equipment is under Service Agreement. If
there is no service agreement, the parts may be billed at actual cost with applicable
markups); and
• Evaluate Field Service Bulletins (FSBs) for potential updates (parts if required are
included at no charge with full parts coverage if the equipment is under Service
Agreement. If there is no service agreement, the parts may be billed at actual cost c
with applicable markups).
3. External Operating Parameters: a,
• System Input Voltages, all phases;
• System Input Currents, all phases;
• DC Charging Voltages (float and equalize), record settings, and adjust to nominal;
• Rectifier phase on and walk-up;
• Inverter phase on and walk-up;
• Adjust all panel meters to measured values;
• System Bypass Voltages, all phases;
• Manual and UV Transfer Testing, verify uninterrupted transfer waveform, if applicable;
• Outage Simulation, batter capability testing, and verify charger current limit; and
• Generator operation and interface verification, if applicable.
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4. Environmental Parameters:
• UPS area ambient temperature and condition of ventilating equipment;
• General Cleanliness of UPS Power Module;
• General Cleanliness of UPS area;
• Replace air filters as applicable and necessary (parts if required are included at no
charge with full parts coverage if the equipment is under Service Agreement. If there
is no service agreement, the parts may be billed at actual cost with applicable
markups);
• Clean outside of UPS including control panel/CRT screen; and
• Flywheel only: Drain oil and change oil and filers. w
5. Battery Cabinet Checks: o
• General appearance of battery systems (all types);
• General cleanliness of batter system areas (all types); a.
• Verify the integrity of the battery rack/cabinet; P.
• Inspect all DC connections for abnormalities; 3
• Inspect cells for physical abnormalities;
• Check batter for current limits, input limits, overload levels, and over temp circuits;
• Check for corrosion on battery terminals and connectors; co
• Clean batteries as necessary;
• Verify proper torque on connections;
• Verify the condition of the ventilation equipment, if applicable;
• Check the appearance of the battery room, if applicable;
• Battery system area ambient temperature and condition of ventilating equipment; and
• For internal batters only— measure and record:
i. Overall battery float voltage; °3
ii. Charger output current and voltage;
iii. Negative terminal temperature of one cell/battery per battery cabinet shelf or E
rack tier; and
iv. Momentary load testing of cells < 100 watts (e.g. 9E, 9x55, not 9330).
6. Monitoring System Parameters:
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• Alarm archive review and printing; E
• Alarm lamp test-local and remote, if applicable;
• Replace all open monitor bulbs;
• Inspect battery monitoring system; and
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• Review battery test in history, if applicable.
7. Circuit Breakers/ Isolators:
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• Check capacitors for swelling or leaks;
• Verify free travel; and
• Check magnetic/thermal settings.
8. Additional Items:
• Synchronizing verification:
i. Utility Sync and Transfer to bypass; c
ii. Transfer from bypass to UPS;
iii, Verify voltage and phase lockout; and
iv. Verify static bypass operation.
• Fuses need verified for type, value, and condition;
• Power Measurements (on-line):
i. Output RMS current (Phase and Neutral); and
ii. Output Peak current (Phase and Neutral).
• Cleaning/Air Flow—check fans, doors, and compartment seals
i. Replace filters; and
ii. Clean Module.
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• Clean normal cell dirt/dust accumulation, when possible.
• Battery recycling as required, is included.
• Check nuts, bolts, screws, and connections for tightness and heat discoloration.
• Operational testing of the system including unit transfer and battery discharge.
9. General:
• Customer consultation;
• Verbal recommendations; and
• General observations.
Following the preventative maintenance inspection, a written report / check list will be provided to the
Division detailing the results of the inspection, services completed, and making specific 0
recommendations for future remedial action, upgrades, etc.
a.
Preventative maintenance on each unit / system / battery is required to be completed in accordance
with the manufacturer's recommendations. Preventative maintenance will be billed by item serviced.
Actual records must be provided for payment. These records will include but not be limited to: a
summary spreadsheet for each unit services with the date of service and an attestation signed by the
Contractor. o
Typically, preventative maintenance will be completed during normal business hours; however, the J
County may request preventative maintenance during off-hours, as deemed necessary by the County -�
representative or designee. A surcharge will be allowed for off-hours preventative maintenance, if
necessary and first approved in writing by the County representative or designee.
Equipment Manufacturer Services Plans may be added as a separate "turnkey" item for specific units,
as needed by County Divisions. When these services occur, a quote following the pricing methodology a,
of the solicitation will be requested from the Contractor. _
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ON-CALL SERVICES (for regular and emergency equipment maintenance, repair, and
replacement identified in the scope of work): c
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The two types of maintenance, repair, and replacement services required are:
• On-Call Repair Work: The County representative or designee will provide a scope of work co
to be performed to the Contractors and request that a "time and materials" or "lump sum"
quote be provided. The County expects that for on-call repair work, the contractor provides 3.
a price quote within a reasonable time (one to two business days) from the point of initial
contact. Once a purchase order is issued, the County representative or designee would
expect that the on-call service for regular maintenance, repair and replacement commence a
within two (2) business days, unless otherwise directed by the County representative or
designee. In the event that the Contractor does not fulfill these response requirements, the
County reserves the right to contact other Contractor to perform the scope of work.
_
• Emergency Repair Work: The County representative or designee will identify the needed
maintenance, repair and replacement for the life, health, safety or equipment/facility v
emergency and request that work be completed as soon as reasonably practicable. The
County representative or designee may direct the Contractor to commence work through a
verbal direction; and a purchase order will be issued to the Contractor as soon as possible.
All emergency repair work will be completed on a time and materials based on the
contracted pricing schedule. If any repair is deemed an emergency, all parts must be
shipped overnight and repairs are to start immediately upon the part being received.
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16.E.2.d
In each scope of work the County representative or designee reserves the right to specify: the period of
completion; collection of deductions / fines or actual costs in the event of late completion and/or non-
compliant performance and/or vendor caused damages; and "lump sum" or"time and material" sums.
• If"lump sum" quote is requested, the Contractor shall provide:
✓ A not-to-exceed total cost for the entire scope of work including a brief description of
the work to be completed;
✓ Lump Sum (fixed price) is a firm fixed total price offering for a project; the risks are
transferred from the County to the Contractor; and, as a business practice there are
no hourly or material invoices presented, rather, the Contractor must perform to the
satisfaction of the County's project manager or designee before payment for the o
fixed price contract is authorized. V
✓ Only a single lump sum quote is required, no itemized breakdown for the lump sum a
quote will be required for quoting or payment purposes. No time and material quotes
will be accepted or required for quoting or payment. Actual invoices for materials,
subcontractors, mark-ups, etc. will not be required for payment purposes, as the .
lump sum quote does not require a breakdown of the quote or supporting
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documentation. Timesheets and/or timecards will not be accepted or required for
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quoting or payment purposes to support labor hours, as they are not required for a Z-
lump sum quote.
• If"time and material" quote is requested, the Contractor shall provide:
✓ The expected number of work hours by each position (and the hourly rate) and the
extended total;
✓ The breakdown of the cost for supplies, parts and equipment used for the scope of .
work; the Contractor must provide itemized documentation of any supply, part or E
piece of equipment with their invoice. c
✓ If applicable, a mark-up of subcontractor's labor, supplies/ materials and equipment
may be included; the Contractor must provide itemized documentation (including the
subcontractor's invoice) of any subcontractor's labor, supplies / materials, and
equipment. W
✓ The County agrees to pay the Contractor for the amount of labor time spent by the 0
Contractor's employees, (number of hours times hourly rate), and for materials and
equipment used in the project (cost of materials plus the Contractor's mark-up). cn
Subcontractors will be paid by the contractor according to their submitted invoice(s)
then the contractor will be allowed to charge a markup accordingly.
✓ As a general business practice, the time and material invoices would include back- c6
up documentation for costs for supplies/materials, equipment rental, subcontractors,
etc. 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.
✓ Taxes, related fees, and ancillary charges may be transferred to the County in the B
actual amount; however, mark-ups will not be allowed. Mark-ups will not be allowed
on sales tax, consumer fees or taxes, use and other similar taxes, or fees E
associated with any work under this Agreement.
✓ Freight and shipping charges will be allowed if included in the quote and only
allowed to the amount support by back-up documentation. No mark-up will be
allowed for freight or shipping charges.
✓ If applicable, a ten (10%) percent mark-up of subcontractor's labor, subcontractor's
supplies / materials, subcontractor's equipment, rental equipment, contactor's
equipment, Contractor supplies / materials, etc. will be allowed.
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1 6.E.2.d
Contractors Responsibilities
The Contractor awarded for preventative maintenance inspection services, repair services, emergency
and for on-call services will provide:
1. All necessary labor, materials, equipment, tools, consumables, transportation, skills, and
incidentals required for the preventative maintenance inspection services, repairs, and on-call
services for the County's systems. Except as noted herein, travel, fees and surcharges will not
be accepted in conjunction with this contract, and such charges should be incorporated into the 3
pricing structure. A contractor will not be allowed to bill for administrative hours for invoicing,
providing back-up and supporting documentation, etc. o
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All work shall be a "turnkey" operation to include all repairs, site clean-up and restoring the a.
work area to its original condition. The resultant contract provides for any services deemed
necessary to complete the job, through means of Contractor in-house expertise or sub- E
contracted work as needed (back-up documentation will be required for sub-contracted work).
The Contractor shall ensure that all areas and equipment (i.e. UPS units and systems, ..
batteries, etc.) be kept clean and free from dirt, dust and debris.
Where necessary, work shall include proper permitting, as required, and the Contractor shall be
responsible for permit submissions, unless otherwise instructed by the County. Permit fees 21,
may be included as a line item on invoices/quotes with no markup. To
The Contractor will maintain sufficient personnel to accomplish County's work schedule. c
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2. The Contractor will use technicians who are trained and experienced with brands serviced.
The Contractor's technicians will be available for response twenty-four (24) hours a day, seven
(7) days a week, 365 days per year for any emergency repairs. The Contractor shall provide .a)
the County with an on-call telephone number for emergency service. The Contractor shall
employ an adequate staff of approved technicians to provide service taking into account 'Es)
vacation and other leaves. w
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3. Response time: Emergency response shall be provided in no more than four (4) hours from
the time of the call. Non-emergency response within eight (8) hours is acceptable. For on-call rn
repairs, the Contractor must be on-site and repairs begun within twenty-four (24) hours of the o
initial call being placed for all areas unless the County Representative approves a different
amount of time for response.
4. A qualified engineer (with all related licenses and certifications being current and in full force
and effect) with the experience and ability to "pull" all permits required for any and all system
renovations, when necessary and applicable.
There is a multitude and variety of different systems currently in place. All brands must be able c
to be serviced by the vendor or the vendor use a subcontractor to service the equipment. E
5. Call Schedule: Contractor will provide an on-call schedule twenty-four (24) hours a day, seven
(7) days per week, 365 days per year. The Contractor shall provide the County with an on-call
telephone number(s) for standard, technical, and emergency services.
6. Replacement / Repair Parts: All replacement / repair parts must be approved and be of
genuine and original manufacturer's parts. The Contractor will be required to provide proof of
the Original Manufacturer's parts through providing invoices or photographs at the time of
invoice submission.
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System Engineering International,LLC d/b/a Critical Power USA `o'`3)
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I6.E.2.d
The Contractor shall be required to expressly warrant that all replacement are new and free
from defects, warranted for their merchantability and meet the performance specifications of
the original equipment. In the event a portion, or all of an order, is found to be defective when
delivered and/ or installed, the Contractor shall immediately replace the equipment at no cost to
the County.
7. Warranties: All new equipment warranty work shall be provided by the original warranty —
supplier. All warranty responsibility for previously purchased, but still under warranty,
equipment 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 o
automatically transfer to the Contractor, unless otherwise directed by the County representative
or designee. a.
All trouble calls shall be initially reported to the Contractor. If the trouble call involves a warranty
item, the Contractor shall notify the County representative or designee, 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
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County representative or designee shall be provided by the Contractor at no additional cost to
the County.
Parts, replacement parts, and fixtures shall be new and warranted for a minimum of one (1)
year, or the maximum allowed by the manufacturer. All labor for repairs shall have a minimum o
ninety (90) day warranty.
8. Additions and Deletions of Equipment: The County retains the right to add or to delete any a;
equipment from service provided under this Contract as described herein, upon written
notification by the County designee to the Contractor. Any additions or deletions shall be s
handled by letter from the County representative or designee and approved by the
Procurement Strategist.
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The County, or designee, shall attempt to provide advanced notice to the Contractor of all w
additional and/or new equipment; however, should Contractor's personnel receive a
maintenance or repair call and records show that the individual piece of equipment is not
inventoried or covered by this Agreement, the Contractor personnel will perform repairs as if cn
equipment was covered by this Agreement and shall notify the County designee. c=
6.9
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The County, or designee, will provide notice of additional equipment in writing to the
Contractor, whenever possible. The Contractor may then charge for that piece of equipment, as
described below, respectively, effective the date the Contractor was called for service on that
piece of equipment.
If removing equipment from coverage, the County Representative or designee shall provide
written or electronic notice to the Contractor. Equipment removed shall not be billed for the
month of removal. Any prepaid coverage fees will be refunded at a pro-rata amount to the
County in the form of a credit on the subsequent billing.
9. Records and Documentation: The Contractor is responsible to maintain and update records
for each type of equipment serviced. The documentation will include, and not be limited to,
records of all service calls, preventative maintenance performed, and any system
modifications, if applicable. The Contractor will maintain a service log at the site of each piece
of equipment maintained. The Contractor will not charge for any call back work. All recovery
reports shall be sent to the County contract manager, or their designee, noting date, type,
quantity, location, and disposal information.
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16.E.2.d
10. Inspections: The County and the Contractor may conduct an inspection of the completed
services provided in response to any resulting purchase order. Any deficiencies noted during
an inspection shall be corrected before final acceptance. Such deficiencies will be corrected
within 24 hours after receipt of notification, at the Contractor's expense, or the County may
follow the provisions in Section 11c (below). Deductions may be imposed at the time of initial
notification for lack of performance.
If the Contractor fails to correct the defects within this time frame, the County shall be entitled
to have the work remedied, charge a deduction /fine (see Section 11 Performance Measures
and Section 12 Contract Deductions), and the Contractor shall be fully liable for all costs and
expenses reasonably incurred by the County. 0
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11. Performance Measures: The Contractor shall maintain compliance with the following
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performance measures:
a. The Contractor will provide 100% of all required reports and records within the time frame e
specified to the County, or their designee. ••
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b. The Contractor will advise the County, in writing, of any extenuating circumstances that will 0,2
prohibit the Contractor from meeting the above-outlined performance measures.
c. The Contractor will furnish all necessary labor, tools, equipment and services to perform -I
contracted services specified in the contract. The term contract officer or project manager c
as used herein, shall mean the County Representative or designee. The Division °
Management and/or County Representative shall be the final authority on any issues that
may arise as to the quality and acceptability of any work performed under this contract. If, in .
the opinion of the County Representative or designee, any part of the Contractor's
performance becomes unsatisfactory; the County will immediately levy a deduction on the c
Contractor's invoice for lack of service. This deduction will be one hundred and fifty dollars
($150) per occurrence, per day, plus actual cost to correct the violation. There will be no =_
cost to the County for re-works or for the vendor to resolve performance issues.
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The County shall have the immediate right to complete the work to its satisfaction, through %
the use of County employees or outside contractors as deemed necessary, the total sum of cn
the County employee's hours and materials cost(s) and/or outside vendor invoices shall be
immediately deducted from the Contractor's invoice. CD
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13. Contract Deductions: It is the County's intent to have all tasks performed satisfactorily and
completed in accordance with the specifications and frequencies set forth under the contract. It
is important that the Contractor perform all tasks as prescribed. If any tasks are omitted or not
performed satisfactorily and completely and with the frequency designated by the contract, the
entire affected area as defined solely by the designated County representative or designee
shall be found to be a non-performance area and a deduction shall be levied.
The deduction will be one hundred and fifty dollars ($150) per occurrence, per day, plus actual
cost, including County employees labor, materials cost, outside vendor cost and any other .
costs for the correction of the violation.
Deductions shall be administered through the County Representative or designee. Should the
Contractor wish to appeal these charges, they may do so in writing to the County
representative's Manager within three (3) days of receiving the fine / deduction notification.
The appeal should state dates, times and other associated facts, along with a clear description
of their argument or disagreement with the fine. The appeal should also reference this bid
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16.E.2.d
document and / or other supporting documentation. Should the appeal be rejected by the
County's Representative's Manager within three (3) days, the next appeal may then be made to
the County Representative's Director within three (3) days. Each of these appeals should be
made within three (3) days of the incident or notification (for the appeal to the Division). If a
resolution cannot be obtained through the Division Management Appeal process, the
Contractor will have the right to appeal within three (3) days to the Procurement Services
Division.
14. Clean-up: The Contractor shall be responsible for removing all debris from the site and i
cleaning affected areas. The Contractor shall keep the premises free of debris and unusable
materials resulting from their work and as work progresses; or upon request by the County's o
representative, shall remove such debris and materials from the property. The Contractor shall °
leave all affected areas as they were prior to beginning work. There will be no cost to the n.
County for clean-up. If the Contractor does not follow this provision, there will be a deduction of -
one hundred and fifty dollars ($150) per occurrence, per day, plus actual cost to correct the
violation.
Any deduction may be assessed after a minimum of one written warning.
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15. Equipment Inventory: 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 an appropriate County staff member authorized to
adjust equipment inventory records.
16. Survivability Clause: The Contractor agrees, will honor, and finish work for any purchase r
order that extends beyond the expiration date of the original solicitation and/or contract. These
purchase orders will survive and remain subject to the terms and conditions of the agreement c'
until the completion or termination of the purchase order.
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16.E.2.d
Exhibit B - Fee Schedule
On-Call Mechanical Services:
Category Unit of Measure Unit Price After Hours and
Holidays Unit
Supervisor Per Hour $155.00 $185.00
Licensed Journeyman Per Hour $125.00 $165.00
Apprentice Per Hour $105.00 $145.00
Engineering/Design Per Hour $161.00 $189.00
Material Markup over Percentage
cost 20%
Markup over Sub- Percentage
Contractor cost 20%
The hourly rates only apply to time and materials quotes. These rates will not be used or
required for lump sum quotes. For lump sum quotes all three awardees (primary, secondary, J
and tertiary) must provide a lump sum quote or explanation for a no quote.
7.60
Preventative Maintenance Inspection Services:
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System Description Price Per Unit
0 - 20 KVA $ 325.00
21 - 40 KVA $ 355.00
41 - 80 KVA $ 395.00
Greater than 81 KVA $ 525.00
Off-hours surcharge $ 220.00
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1 6.E.2.d
Exhibit C —Facilities Management Division UPS List
Brand Model Tag Description Location
Liebert 37SA030A0C6D250 1327221 Npower 30-50 CCSO Naples Jail
Liebert 37BP030XFJ1BAL 1327224 Sealed Battery CCSO Naples Jail
Liebert 38SA015COCFJ 1345743 NX 10-15 INTBAT CCSO Naples Jail
Liebert 38BP120XPX1BNS 1734204 Sealed Battery CCSO Naples Jail 3
Liebert 38SA120AOA01 1734205 NX 80-120/ NX 480V CCSO Naples Jail 0
Liebert MBP3225A00S3812 1738691 MBC/SLIM LN CAB CCSO Naples Jail
0
Brand Model serial number Description Location 0
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Eaton 9315-50-80 ET372ZBA09 VRLA Sealed Building Cl n-
Eaton 9355-10-15_32Batt BE301KBA12 VRLA Sealed, internal Building B "E
only 3
Eaton 9315-5080 EV473ZBA03 VRLA Sealed Building F Q
Eaton 9330-25-40 EU506AXX01 VRLA Sealed, internal Property Appraiser el
only
Eaton 9330-25-40 EU506AXX18 VRLA Sealed, internal MV Tax Collector J
only
Eaton 9330-10-20 EX062AXX14 VRLA Sealed, internal Eagle Creek Tax o
only Collector c
Eaton 9355-20-30 EY464KXX44 VRLA Sealed, internal Green Tree Tax
only Collector c
ar
Eaton 9330-10-20 EU384AXX02 VRLA Sealed, internal Immokalee Jail
only a)
c
Eaton 9355-20-30 EY155KXX14 VRLA Sealed, internal Development Services a)
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only w
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Eaton 9355-20-30 EY354KXX24 VRLA Sealed, internal Immokalee Jail a)
only cn
Eaton Uknown-30-50 B250074 VRLA Sealed Orange Blossom Tax rx
Collector co
Eaton 9390-40-80 EC232CBA03 VRLA Sealed Bldg W cQ
FB255FBB10 Wilson Blvd. c
Brand Model Serial number Site I
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APC Symmetra PX P10741170123, CCSO Special a
SY40K4OF WF0749110601, Operations Q
PD0744160045
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System Engineering International,LLC d/b/a Critical Power USA ,,..-‘
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1 6.E.2.d
Exhibit D — Public Utilities Department UPS List
UPS modes and quantities are based approximates for each location. Units may be on a
scheduled maintenance to be replaced or battery replacement only.
North County Water Reclamation Facility
South County Water Reclamation Facility
Brand Model VA Quantity Where used
APC BK350 350 15 Filters L
Office o
APC BE550G 550 15 Computers (.)
Smart UPS- PLCs/DEV a.
APC SMT1500 1500 33 Machine =
Smart UPS-
APC SMT3000 3000 3 Plant Servers Q
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WATER oa
Brand Model VA Quantity Where used``
UPS Pro- Plants/Well
APC BR1500G 1500 200 Sites c
Plants/Wello
Duracell Battery SLA12-7F 7AH 200 Sites c
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Batteries are used to replace bad batteries in a'
APC 1500's c
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Brand Model VA Quantity Where used ._
IQ Pump w
APC BK350 350 44 Stations E
Smart UPS- IQ Pump ;,
APC SMT750 750 2 Stations cn
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Smart UPS- IQ Pump a
APC SMT1500 1500 3 Stations co
Smart UPS- IQ Pump 6
APC SMT2200 2200 1 Stations E.
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PUMP STATIONS
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Brand Model , VA Quantity Where used rc
UPS Pro c
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APC BR1000G 1000 2 Pump Stations E
Smart UPS- 0
APC SMT1500 1500 4 Pump Stations Q
Smart UPS-
APC SMT2200 2200 1 Pump Stations
SOLA SDU500 500 2 Pump Stations
FERR FE500VA 500 1 Pump Stations
Page 21 of 22
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I6.E.2.d
Exhibit E—Information Technologies Division UPS List
Site Name Address City-Zip Make/Model Size Serial Number Note
1899 Trade Naples- 18
North Naples Center Way 34109 Best Ferrups KVA EY425FN024
Naples- 18
WAW 1515 Benton Rd 34117 Best Ferrups KVA FE18K01243
13240 Powerware- 18
Corkscrew Immokalee Rd Naples 9170 KVA C6601N018KK022078
2901 County Naples- Powerware- 18 cry
County Barn Barn Rd 34112 9170 KVA C6601N018KE050968
15669 Tamiami Naples- Powerware- 18
Krehling Trail E 34114 9170 KVA C6601N018KK022077
Chalet- 520 South Marco Island 18
Marco Island Collier Blvd -34145 Best Ferrups KVA FE18K01240 0
8075 Lely Naples- 80
ESC Cultural Pkwy 34113 Powerware 9390 KVA EB333CAA08 3 phase DI
Cs
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Agreement#16-6640R"Uninterruptible Power Systems"
System Engineering International,LLC d/b/a Critical Power USA
Packet Pg. 1723
B
16.E.2.e
AGREEMENT 16-6640R
for
Uninterrupted Power Systems
THIS AGREEMENT, made and entered into on this 13th day of September, 2016, by and
between Fakouri Electrical Engineering, Inc., authorized to do business in the State of
Florida, whose business address is 3001 Comercio, Rancho Santa Margarita, CA 92688 (the
"Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): L
WITNESSETH: o
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1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing a.
on Board Award Date and terminating one (1) year from that date or until all outstanding
Purchase Orders issued prior to the expiration of the Agreement period have been
completed or terminated.
2. RENEWAL. The County may, at its discretion and with the consent of the Contractor, co
renew the Agreement under all of the terms and conditions contained in this Agreement
for three (3) additional one (1) year periods. The County shall give the Contractor
written notice of the County's intention to renew the Agreement term prior to the end of c
the Agreement term then in effect.
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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 c
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 ten
(10) days prior to the end of the Agreement term then in effect. 0
3. STATEMENT OF WORK. The Contractor shall provide all necessary labor, materials,
tools, equipment, supplies, consumables, maintenance, transportation, skills, and
incidentals, and any other necessary accessories or services to perform Uninterrupted
Power Systems services as specified and in accordance with the terms and conditions
of Invitation to Bid (ITB) #16-6640, Exhibit A — Scope of Services Contractor's Bid
Proposal, Exhibit B - Fee Schedule, Exhibit C —Facilities Management Division UPS
03
List, Exhibit D — Public Utilities UPS List, and Exhibit E — Information Technologies Q
Division UPS List, referred to herein and made an integral part of this Agreement.
The Contractor is the Primary for Routine Services, On-Call Service and Emergency
Service Repairs. If the Primary Contractor cannot provide requested services within
the timeframe specified by the user division, then the Secondary Contractor will then be
contacted. If the Secondary Contractor cannot provide requested services within the
timeframe specified by the user division then the Tertiary Contractor will be contacted.
The Contractor is the Tertiary for Preventative Maintenance. If the Primary Contractor
cannot provide requested services within the timeframe specified by the user division,
then the Secondary Contractor will then be contacted. If the Secondary Contractor
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16.E.2.e
cannot provide requested services within the timeframe specified by the user division
then the Tertiary Contractor will be contacted.
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 3
this Agreement the aggregate of the services furnished at the unit price and rates in
Exhibit B — Fee Schedule, 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 0
County Representative or designee, and in compliance with Chapter 218, Fla. Stats.,
otherwise known as the "Local Government Prompt Payment Act." -0
4.1 Price Methodology:
Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, T
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractorcu
inventory or cost verification.
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Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the County to the contractor; and, as a business practice there are no
hourly or material invoices presented, rather, the contractor must perform to the
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satisfaction of the County's County Representative or designee before payment for the '
fixed price contract is authorized. o
Only a single lump sum quote is required, no itemized breakdown for the lump sum Dc
quote will be required for quoting or payment purposes. No time and material quotes will
be accepted or required for quoting or payment. Actual invoices for materials, C°
subcontractors, mark-ups, etc. will not be required for payment purposes, as the lump
sum quote does not require a breakdown of the quote or supporting documentation.
Timesheets and/or timecards will not be accepted or required for quoting or payment
purposes to support labor hours, as they are not required for a lump sum quote.
For lump sum quotes all three awardees (primary, secondary, and tertiary) must
provide a lump sum quote or explanation for a no quote.
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 mark-up). 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
Page 2 of 22
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Fakouri Electrical Engineering,Inc. CAO
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16.E.2.e
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.
4.2 Any County agency may purchase products and 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 "laches" as
untimely submitted. Time shall be deemed of the essence with respect to the timely o
submission of invoices under this Agreement. U
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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. No mark-up shall be applied to these taxes or fees. Collier
County, Florida as a political subdivision of the State of Florida, is exempt from the M
payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, co
Certificate of Exemption # 85-8015966531C-2.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if c
mailed or faxed to the Contractor at the following Address: ,
Fakouri Electrical Engineering, Inc.
3001 Comercio
Rancho Santa Margarita, CA 92688
Telephone: (949) 888-2400 w
Facsimile: (949) 888-2414 0
Attention: Maryam Ewalt, President
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All Notices from the Contractor to the County shall be deemed duly served if mailed or
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faxed to the County to: C°
Collier County Government Center
Procurement Services Division
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Director, Procurement Services Division
Telephone: (239) 252-8407
Facsimile: (239) 252-6480
a..
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
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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 3
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 L'
for payment of any and all taxes levied on the Contractor. In addition, the Contractor 3
shall comply with all rules, regulations and laws of Collier County, the State of Florida, or a
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
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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 c
the suspension period until the violation has been corrected to the satisfaction of the
County.
10. TERMINATION. With respect to this agreement, should the Contractor be found to have
failed to perform his services in a manner satisfactory to the County as per this
Agreement, the County may terminate said Agreement for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The
County shall be sole judge of non-performance. With respect to a particular Project,
termination shall be governed by the terms of the Purchase Order.
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.
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12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage 3
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
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C. Workers' Compensation: Insurance covering all employees meeting Statutory a
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $100,000 for
each accident.
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D. Pollution: Coverage shall have minimum limits of $1,000,000 Per Occurrence and
shall be maintained by the Contractor.
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. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions. o
Renewal certificates shall be sent to the County ten (10) days prior to any expiration co
date. Coverage afforded under the policies will not be canceled or allowed to expire until tr
the greater of: ten (10) days prior written notice, or in accordance with policy provisions.
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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.
L
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that he is required to meet.
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13. 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, 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
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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.
13.1 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 y
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 o
final judgment that an action against the County or an indemnified party for the matter a
indemnified hereunder is fully and finally barred by the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of a
the County by the Facilities Management Division.
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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 withr.
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
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16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the 7-4
following component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: Insurance Certificate(s), Exhibit A— Scope of Services, Exhibit B — Fee
Schedule, Contractor's bid proposal, Exhibit C —Facilities Management Division UPS
List, Exhibit D — Public Utilities Department UPS List, Exhibit E — Information
Technologies Division UPS List, and ITB #16-6640R.
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17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between 0
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners. C°
18. 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 E
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.
19. 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,
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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
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; 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), 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 L
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
a.
AT:
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Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
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 w
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. Y
3. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized o
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. th
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.
20. 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 Agreement to other governmental entities at the
discretion of the successful proposer.
21. 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.
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22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this a
Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures and Section 4.1 of this Agreement. 12
23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
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this Agreement to resolve disputes between the parties, the parties shall make a good co
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
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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 W
County's board for approval. Should either party fail to submit to mediation as required o
hereunder, the other party may obtain a court order requiring mediation under section
44,102, Fla. Stat. cc
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24. VENUE. Any suit or action brought by either party to this Agreement against the other
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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. a)
25. 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 the required services on a timely a
basis, and each person assigned shall be available for an amount of time adequate to
meet the required service delivery dates.
26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or
the County's Board approved Executive Summary, this Agreement shall take
precedence.
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27. 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.
28. 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
12
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this ci
Agreement. This may include, but not be limited to, checking federal, state and local lawa.
enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records. Contractor
shall be required to maintain records on each employee and make them available to the
County for at least four (4) years.
03
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. Tts
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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 o
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.
CCSO 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 vendor is responsible for all costs.
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REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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1
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IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized
person or agent, have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Donna Fiala, Chairman
Dated:
(SEAL) U
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Fakouri Electrical Engineering, Inc.
Contractor
By: co
First Witness Signature
TType/print witness name TType/print signature and titleT
Second Witness Tcs
TType/print witness name
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Approve.; a , and legality:
'4111111i
Jeffrey A. ` la kow, County Attorney v
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Aff
1 6.E.2.e
Exhibit A— Scope of Services
PREVENTATIVE MAINTENANCE
The preventative maintenance covered by this scope of work includes (all checks or processes may
not be applicable to all equipment types or models):
1. Visual Inspections:
• Inspect all printed circuit board connections for cleanliness, swab contacts if
necessary;
• Inspect all power connections for signs of overheating;
• Inspect all subassemblies, bridges, and legs for signs of component defects or stress; o
• Inspect all DC capacitors for signs of leakage; U
• Inspect all AC capacitors for signs of leakage; a
• Inspect and inventory all customer-owned spare parts;
• Inspect for and perform, as required, any open engineering changes;
• Inspect insulation, overheating, and physical damage; and
• Inspect battery monitoring system.
2. Internal Operating Parameters: o
• Control calibrations—check/adjust, as necessary;
• DC Ground Detection Offset, if applicable; a
• Inverter leg current average phase balance, if applicable;
• Output filter current average phase balance;
• Rectified bridge current average leg balance;
• AC Protection settings are checked;
• DC Protection settings are checked;
• Calibrate and record all electronics to system specifications;
• Input and Output Frequency and Voltage Bandwidth settings are checked;
• Verify DC filter capacitance;
• Verify AC tank and trap filter capacitance including balancing of items;
• Power Supply voltages and waveforms; u..
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• Update firmware as necessary with customer approval (parts if required are included
at no charge with full parts coverage if the equipment is under Service Agreement. If CD
there is no service agreement, the parts may be billed at actual cost with applicable
markups); and
• Evaluate Field Service Bulletins (FSBs) for potential updates (parts if required are
included at no charge with full parts coverage if the equipment is under Service
Agreement. If there is no service agreement, the parts may be billed at actual cost
with applicable markups).
3. External Operating Parameters:
• System Input Voltages, all phases;
• System Input Currents, all phases;
• DC Charging Voltages (float and equalize), record settings, and adjust to nominal;
• Rectifier phase on and walk-up;
• Inverter phase on and walk-up;
• Adjust all panel meters to measured values;
• System Bypass Voltages, all phases;
• Manual and UV Transfer Testing, verify uninterrupted transfer waveform, if applicable;
• Outage Simulation, batter capability testing, and verify charger current limit; and
• Generator operation and interface verification, if applicable.
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4. Environmental Parameters:
• UPS area ambient temperature and condition of ventilating equipment;
• General Cleanliness of UPS Power Module;
• General Cleanliness of UPS area;
• Replace air filters as applicable and necessary (parts if required are included at no
charge with full parts coverage if the equipment is under Service Agreement. If there
is no service agreement, the parts may be billed at actual cost with applicable
markups);
• Clean outside of UPS including control panel/CRT screen; and
• Flywheel only: Drain oil and change oil and filers.
5. Battery Cabinet Checks:
• General appearance of battery systems (all types);
• General cleanliness of batter system areas (all types); o
• Verify the integrity of the battery rack/cabinet;
• Inspect all DC connections for abnormalities;
• Inspect cells for physical abnormalities;
• Check batter for current limits, input limits, overload levels, and over temp circuits;
• Check for corrosion on battery terminals and connectors;
• Clean batteries as necessary; M
• Verify proper torque on connections;
• Verify the condition of the ventilation equipment, if applicable; a)
• Check the appearance of the battery room, if applicable;
• Battery system area ambient temperature and condition of ventilating equipment; and
• For internal batters only—measure and record:
i. Overall battery float voltage;
ii. Charger output current and voltage;
iii. Negative terminal temperature of one cell/battery per battery cabinet shelf or L
rack tier; and
iv. Momentary load testing of cells < 100 watts (e.g. 9E, 9x55, not 9330).
6. Monitoring System Parameters:
• Alarm archive review and printing;
• Alarm lamp test-local and remote, if applicable; u
• Replace all open monitor bulbs; o
• Inspect battery monitoring system; and
• Review battery test in history, if applicable.
7. Circuit Breakers/Isolators:
• Check capacitors for swelling or leaks;
• Verify free travel; and
• Check magnetic/thermal settings. a)
8. Additional Items:
• Synchronizing verification: 5
i. Utility Sync and Transfer to bypass;
ii. Transfer from bypass to UPS; v
iii. Verify voltage and phase lockout; and Q
iv. Verify static bypass operation.
• Fuses need verified for type, value, and condition;
• Power Measurements (on-line):
i. Output RMS current (Phase and Neutral); and
ii. Output Peak current (Phase and Neutral).
• Cleaning/Air Flow—check fans, doors, and compartment seals
i. Replace filters; and
ii. Clean Module.
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• Clean normal cell dirt/dust accumulation, when possible.
• Battery recycling as required, is included.
• Check nuts, bolts, screws, and connections for tightness and heat discoloration.
• Operational testing of the system including unit transfer and battery discharge.
9. General:
• Customer consultation;
• Verbal recommendations; and
• General observations.
Following the preventative maintenance inspection, a written report I check list will be provided to the 3
Division detailing the results of the inspection, services completed, and making specific
recommendations for future remedial action, upgrades, etc. o
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Preventative maintenance on each unit / system / battery is required to be completed in accordance a
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with the manufacturer's recommendations. Preventative maintenance will be billed by item serviced.
Actual records must be provided for payment. These records will include but not be limited to: a
summary spreadsheet for each unit services with the date of service and an attestation signed by the
Contractor. ••
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coTypically, preventative maintenance will be completed during normal business hours; however, the
County may request preventative maintenance during off-hours, as deemed necessary by the County a�
representative or designee. A surcharge will be allowed for off-hours preventative maintenance, if
necessary and first approved in writing by the County representative or designee.
Equipment Manufacturer Services Plans may be added as a separate "turnkey" item for specific units, w
as needed by County Divisions. When these services occur, a quote following the pricing methodology
of the solicitation will be requested from the Contractor.
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ON-CALL SERVICES (for regular and emergency equipment maintenance, repair, and
replacement identified in the scope of work):
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The two types of maintenance, repair, and replacement services required are:
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• On-Call Repair Work: The County representative or designee will provide a scope of work
to be performed to the Contractors and request that a "time and materials" or "lump sum"
quote be provided. The County expects that for on-call repair work, the contractor provides
a price quote within a reasonable time (one to two business days) from the point of initial
contact. Once a purchase order is issued, the County representative or designee would E
expect that the on-call service for regular maintenance, repair and replacement commence a
within two (2) business days, unless otherwise directed by the County representative or
designee. In the event that the Contractor does not fulfill these response requirements, the
County reserves the right to contact other Contractor to perform the scope of work.
• Emergency Repair Work: The County representative or designee will identify the needed
maintenance, repair and replacement for the life, health, safety or equipment/facility �e
emergency and request that work be completed as soon as reasonably practicable. The
County representative or designee may direct the Contractor to commence work through a
verbal direction; and a purchase order will be issued to the Contractor as soon as possible.
All emergency repair work will be completed on a time and materials based on the
contracted pricing schedule. If any repair is deemed an emergency, all parts must be
shipped overnight and repairs are to start immediately upon the part being received.
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In each scope of work the County representative or designee reserves the right to specify: the period of
completion; collection of deductions /fines or actual costs in the event of late completion and/or non-
compliant performance and/or vendor caused damages; and "lump sum" or"time and material" sums.
• If"lump sum" quote is requested, the Contractor shall provide:
✓ A not-to-exceed total cost for the entire scope of work including a brief description of
the work to be completed;
✓ Lump Sum (fixed price) is a firm fixed total price offering for a project; the risks are
transferred from the County to the Contractor; and, as a business practice there are
no hourly or material invoices presented, rather, the Contractor must perform to the
satisfaction of the County's project manager or designee before payment for the i
fixed price contract is authorized. c
✓ Only a single lump sum quote is required, no itemized breakdown for the lump sum c°�
quote will be required for quoting or payment purposes. No time and material quotes n.
will be accepted or required for quoting or payment. Actual invoices for materials,
subcontractors, mark-ups, etc. will not be required for payment purposes, as the R
lump sum quote does not require a breakdown of the quote or supporting a
documentation. Timesheets and/or timecards will not be accepted or required for
quoting or payment purposes to support labor hours, as they are not required for a
lump sum quote. ,
• If"time and material" quote is requested, the Contractor shall provide: .0
✓ The expected number of work hours by each position (and the hourly rate) and the
extended total; _
,.1 The breakdown of the cost for supplies, parts and equipment used for the scope of w
work; the Contractor must provide itemized documentation of any supply, part or 73
piece of equipment with their invoice. .�'
✓ If applicable, a mark-up of subcontractor's labor, supplies / materials and equipment a
may be included; the Contractor must provide itemized documentation (including the 'w
subcontractor's invoice) of any subcontractor's labor, supplies / materials, and 0
equipment. Y
,r The County agrees to pay the Contractor for the amount of labor time spent by the u
Contractor's employees, (number of hours times hourly rate), and for materials and
equipment used in the project (cost of materials plus the Contractor's mark-up).
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Subcontractors will be paid by the contractor according to their submitted invoice(s)
then the contractor will be allowed to charge a markup accordingly.
✓ As a general business practice, the time and material invoices would include back-
up documentation for costs for supplies/materials, equipment rental, subcontractors, d
etc. Invoices would include number of hours worked and billing rate by position (and m
not company (or subcontractor) timekeeping or payroll records), material or Q
equipment invoices, and other reimbursable documentation for the project.
✓ Taxes, related fees, and ancillary charges may be transferred to the County in the
actual amount; however, mark-ups will not be allowed. Mark-ups will not be allowed u
on sales tax, consumer fees or taxes, use and other similar taxes, or fees r
associated with any work under this Agreement. Q
✓ Freight and shipping charges will be allowed if included in the quote and only
allowed to the amount support by back-up documentation. No mark-up will be
allowed for freight or shipping charges.
✓ If applicable, a ten (10%) percent mark-up of subcontractor's labor, subcontractor's
supplies / materials, subcontractor's equipment, rental equipment, contactor's
equipment, Contractor supplies / materials, etc. will be allowed.
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Contractors Responsibilities
The Contractor awarded for preventative maintenance inspection services, repair services, emergency
and for on-call services will provide:
1. All necessary labor, materials, equipment, tools, consumables, transportation, skills, and
incidentals required for the preventative maintenance inspection services, repairs, and on-call
services for the County's systems. Except as noted herein, travel, fees and surcharges will not
be accepted in conjunction with this contract, and such charges should be incorporated into the
pricing structure. A contractor will not be allowed to bill for administrative hours for invoicing, 3
providing back-up and supporting documentation, etc.
All work shall be a "turnkey" operation to include all repairs, site clean-up and restoring the 0
work area to its original condition. The resultant contract provides for any services deemed n
necessary to complete the job, through means of Contractor in-house expertise or sub-
contracted work as needed (back-up documentation will be required for sub-contracted work). -E
The Contractor shall ensure that all areas and equipment (i.e. UPS units and systems,
batteries, etc.) be kept clean and free from dirt, dust and debris.
Where necessary, work shall include proper permitting, as required, and the Contractor shall be co
responsible for permit submissions, unless otherwise instructed by the County. Permit fees
may be included as a line item on invoices/quotes with no markup.
The Contractor will maintain sufficient personnel to accomplish County's work schedule.
a)
2. The Contractor will use technicians who are trained and experienced with brands serviced. 76
The Contractor's technicians will be available for response twenty-four (24) hours a day, seven
(7) days a week, 365 days per year for any emergency repairs. The Contractor shall provide
cu
the County with an on-call telephone number for emergency service. The Contractor shall
employ an adequate staff of approved technicians to provide service taking into account
vacation and other leaves. Y
3. Response time: Emergency response shall be provided in no more than four (4) hours from
the time of the call. Non-emergency response within eight (8) hours is acceptable. For on-call
repairs, the Contractor must be on-site and repairs begun within twenty-four (24) hours of the
initial call being placed for all areas unless the County Representative approves a different
amount of time for response.
E
4. A qualified engineer (with all related licenses and certifications being current and in full force
and effect) with the experience and ability to "pull" all permits required for any and all system
renovations, when necessary and applicable.
_
There is a multitude and variety of different systems currently in place. All brands must be able
to be serviced by the vendor or the vendor use a subcontractor to service the equipment. cc
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5. Call Schedule: Contractor will provide an on-call schedule twenty-four (24) hours a day, seven
(7) days per week, 365 days per year. The Contractor shall provide the County with an on-call
telephone number(s)for standard, technical, and emergency services.
6. Replacement / Repair Parts: All replacement / repair parts must be approved and be of
genuine and original manufacturer's parts. The Contractor will be required to provide proof of
the Original Manufacturer's parts through providing invoices or photographs at the time of
invoice submission.
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16.E.2.e
The Contractor shall be required to expressly warrant that all replacement are new and free
from defects, warranted for their merchantability and meet the performance specifications of
the original equipment. In the event a portion, or all of an order, is found to be defective when
delivered and/ or installed, the Contractor shall immediately replace the equipment at no cost to
the County.
7. Warranties: All new equipment warranty work shall be provided by the original warranty
supplier. All warranty responsibility for previously purchased, but still under warranty,
equipment 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 representative
or designee.
U,
All trouble calls shall be initially reported to the Contractor. If the trouble call involves a warranty S-
item, the Contractor shall notify the County representative or designee, who will then have the -a
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 a
County representative or designee shall be provided by the Contractor at no additional cost to
the County. co
Parts, replacement parts, and fixtures shall be new and warranted for a minimum of one (1)
year, or the maximum allowed by the manufacturer. All labor for repairs shall have a minimum
ninety (90) day warranty.
8. Additions and Deletions of Equipment: The County retains the right to add or to delete any w
equipment from service provided under this Contract as described herein, upon written
notification by the County designee to the Contractor. Any additions or deletions shall be .i
handled by letter from the County representative or designee and approved by the
Procurement Strategist. w
The County, or designee, shall attempt to provide advanced notice to the Contractor of all o
additional and/or new equipment; however, should Contractor's personnel receive a cts
maintenance or repair call and records show that the individual piece of equipment is not
inventoried or covered by this Agreement, the Contractor personnel will perform repairs as if 0
equipment was covered by this Agreement and shall notify the County designee.
The County, or designee, will provide notice of additional equipment in writing to the c
Contractor, whenever possible. The Contractor may then charge for that piece of equipment, as
described below, respectively, effective the date the Contractor was called for service on that
piece of equipment. cs.,
If removing equipment from coverage, the County Representative or designee shall provide
written or electronic notice to the Contractor. Equipment removed shall not be billed for the E
month of removal. Any prepaid coverage fees will be refunded at a pro-rata amount to the
County in the form of a credit on the subsequent billing.
9. Records and Documentation: The Contractor is responsible to maintain and update records
for each type of equipment serviced. The documentation will include, and not be limited to,
records of all service calls, preventative maintenance performed, and any system
modifications, if applicable. The Contractor will maintain a service log at the site of each piece
of equipment maintained. The Contractor will not charge for any call back work. All recovery
reports shall be sent to the County contract manager, or their designee, noting date, type,
quantity, location, and disposal information.
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16.E.2.e
10. Inspections: The County and the Contractor may conduct an inspection of the completed
services provided in response to any resulting purchase order. Any deficiencies noted during
an inspection shall be corrected before final acceptance. Such deficiencies will be corrected
within 24 hours after receipt of notification, at the Contractor's expense, or the County may
follow the provisions in Section 11c (below). Deductions may be imposed at the time of initial
notification for lack of performance.
If the Contractor fails to correct the defects within this time frame, the County shall be entitled
to have the work remedied, charge a deduction / fine (see Section 11 Performance Measures
and Section 12 Contract Deductions), and the Contractor shall be fully liable for all costs and 3
expenses reasonably incurred by the County.
11. Performance Measures: The Contractor shall maintain compliance with the following v
performance measures: a
a. The Contractor will provide 100% of all required reports and records within the time frame
specified to the County, or their designee.
b. The Contractor will advise the County, in writing, of any extenuating circumstances that will Co
prohibit the Contractor from meeting the above-outlined performance measures.
c. The Contractor will furnish all necessary labor, tools, equipment and services to perform a)
contracted services specified in the contract. The term contract officer or project manager
as used herein, shall mean the County Representative or designee. The Division
Management and/or County Representative shall be the final authority on any issues that ,
may arise as to the quality and acceptability of any work performed under this contract. If, in
the opinion of the County Representative or designee, any part of the Contractor's
performance becomes unsatisfactory; the County will immediately levy a deduction on the
Contractor's invoice for lack of service. This deduction will be one hundred and fifty dollars
($150) per occurrence, per day, plus actual cost to correct the violation. There will be no D
cost to the County for re-works or for the vendor to resolve performance issues.
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The County shall have the immediate right to complete the work to its satisfaction, through
the use of County employees or outside contractors as deemed necessary, the total sum of
the County employee's hours and materials cost(s) and/or outside vendor invoices shall be
immediately deducted from the Contractor's invoice. c°
13. Contract Deductions: It is the County's intent to have all tasks performed satisfactorily and
completed in accordance with the specifications and frequencies set forth under the contract. It
is important that the Contractor perform all tasks as prescribed. If any tasks are omitted or not
performed satisfactorily and completely and with the frequency designated by the contract, the
entire affected area as defined solely by the designated County representative or designee
shall be found to be a non-performance area and a deduction shall be levied. _
The deduction will be one hundred and fifty dollars ($150) per occurrence, per day, plus actual
cost, including County employees labor, materials cost, outside vendor cost and any other
costs for the correction of the violation.
Deductions shall be administered through the County Representative or designee. Should the
Contractor wish to appeal these charges, they may do so in writing to the County
representative's Manager within three (3) days of receiving the fine / deduction notification.
The appeal should state dates, times and other associated facts, along with a clear description
of their argument or disagreement with the fine. The appeal should also reference this bid
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16.E.2.e
document and / or other supporting documentation. Should the appeal be rejected by the
County's Representative's Manager within three (3) days, the next appeal may then be made to
the County Representative's Director within three (3) days. Each of these appeals should be
made within three (3) days of the incident or notification (for the appeal to the Division). If a
resolution cannot be obtained through the Division Management Appeal process, the
Contractor will have the right to appeal within three (3) days to the Procurement Services
Division.
14. Clean-up: The Contractor shall be responsible for removing all debris from the site and
cleaning affected areas. The Contractor shall keep the premises free of debris and unusable
materials resulting from their work and as work progresses; or upon request by the County's L
representative, shall remove such debris and materials from the property. The Contractor shall
leave all affected areas as they were prior to beginning work. There will be no cost to the U
County for clean-up. If the Contractor does not follow this provision, there will be a deduction of n.
one hundred and fifty dollars ($150) per occurrence, per day, plus actual cost to correct the
violation.
Any deduction may be assessed after a minimum of one written warning.
15. Equipment Inventory: The Contractor shall, under no circumstances, remove any equipmentco
containing a County asset sticker. The Contractor shall request that, when replacing
equipment, the asset sticker be removed by an appropriate County staff member authorized to
adjust equipment inventory records.
16. Survivability Clause: The Contractor agrees, will honor, and finish work for any purchase
order that extends beyond the expiration date of the original solicitation and/or contract. These 73
purchase orders will survive and remain subject to the terms and conditions of the agreement
until the completion or termination of the purchase order. d
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16.E.2.e
Exhibit B - Fee Schedule
On-Call Mechanical Services:
Category Unit of Measure Unit Price. After Hours and
Holidays Unit
Supervisor Per Hour $125.00 $150.00
Licensed Journeyman Per Hour $95.00 $125.00
Apprentice Per Hour $80.00 $100.00 L
Engineering/Design Per Hour $135.00 $175.00
Material Markup over Percentage
cost 8% a
Markup over Sub- Percentage
Contractor cost 10%
The hourly rates only apply to time and materials quotes. These rates will not be used or
required for lump sum quotes. For lump sum quotes all three awardees (primary, secondary,
and tertiary) must provide a lump sum quote or explanation for a no quote.
Preventative Maintenance Inspection Services:
System Description Price Per Unit
0 - 20 KVA $ 350.00
21 - 40 KVA $ 400.00
41 - 80 KVA $ 475.00
Greater than 81 KVA $ 575.00
Off-hours surcharge $ 150.00
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16.E.2.e
Exhibit C —Facilities Management Division UPS List
Brand Model Tag Description Location
Liebert 37SA030A0C6D250 1327221 Npower 30-50 CCSO Naples Jail
Liebert 37BP030XFJ1BAL 1327224 Sealed Battery CCSO Naples Jail
Liebert 38SA015COCFJ 1345743 NX 10-15 INTBAT CCSO Naples Jail
Liebert 38BP120XPX1BNS 1734204 Sealed Battery CCSO Naples Jail U
T.
Liebert 38SA120A0A01 1734205 NX 80-120/NX 480V CCSO Naples Jail E.
Liebert MBP3225A0053812 1738691 MBC/SLIM LN CAB CCSO Naples Jail o
U
Brand Model serial number Description Location u)
a
Eaton 9315-50-80 ET372ZBA09 VRLA Sealed Building Cl
'3
Eaton 9355-10-15_32Batt BE301KBA12 VRLA Sealed, internal Building B
only et
Eaton 9315-5080 EV473ZBA03 VRLA Sealed Building F co
Eaton 9330-25-40 EU506AXX01 VRLA Sealed, internal Property Appraiser co,
only a)
c
Eaton 9330-25-40 EU506AXX18 VRLA Sealed, internal MV Tax Collector ,
only c
a)
Eaton 9330-10-20 EX062AXX14 VRLA Sealed, internal Eagle Creek Tax c
Lu
only Collector Ta
Eaton 9355-20-30 EY464KXX44 VRLA Sealed, internal Green Tree Tax w
only Collector a
Eaton 9330-10-20 EU384AXX02 VRLA Sealed, internal Immokalee Jail w
T_.
only o
Eaton 9355-20-30 EY155KXX14 VRLA Sealed, internal Development Services ,as
only w
o
Eaton 9355-20-30 EY354KXX24 VRLA Sealed, internal Immokalee Jail co
only CO
Eaton Uknown-30-50 B250074 VRLA Sealed Orange Blossom Tax m
Collector E
N
Eaton 9390-40-80 EC232CBA03 VRLA Sealed Bldg W T.
rn
FB255FBB10 Wilson Blvd. <
Brand Model Serial number Site
a)
APC Symmetra PX P10741170123, CCSO Special
SY40K40F WF0749110601, Operations w
PD0744160045 q
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16.E.2.e
Exhibit D — Public Utilities Department UPS List
UPS modes and quantities are based approximates for each location. Units may be on a
scheduled maintenance to be replaced or battery replacement only.
North County Water Reclamation Facility
South County Water Reclamation Facility
Brand Model VA Quantity Where used 3
APC BK350 350 15 Filters o
Office a
APC BE550G 550 15 Computers U
Smart UPS- PLC,s/DEV
APC SMT1500 1500 33 Machine -a
Smart UPS-
APC SMT3000 3000 3 Plant Servers
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WATER °r°
Brand Model VA Quantity Where used a>
UPS Pro- Plants/Well c
a)
APC BR1500G 1500 200 Sites CD
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Plants/Well ._
Duracell Battery SLA12-7F 7AH 200 Sites w
Batteries are used to replace bad batteries in 73
APC 1500's 6
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Brand Model VA Quantity Where used''
CD
IQ Pump u_
APCBK350 350 44 Stations o
Smart UPS- IQ Pump to
APC SMT750 750 2 Stations co
Smart UPS- IQ Pump c
APC SMT1500 1500 3 Stations c)
Smart UPS- IQ Pump a)
APC SMT2200 2200 1 Stations a)
Q
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PUMP STATIONS E
Brand Model VA Quantity Where used
CO
UPS Pro
APC BR1000G 1000 2 Pump Stations Q
Smart UPS-
APC SMT1500 1500 4 Pump Stations
Smart UPS-
APC SMT2200 2200 1 Pump Stations
SOLA SDU500 500 2 Pump Stations
FERR FE500VA 500 1 Pump Stations
Page 21 of 22
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16.E.2.e
Exhibit E — Information Technologies Division UPS List
Site Name Address City-Zip Make/Model Size ` Serial Number Note
1899 Trade Naples- 18
North Naples Center Way 34109 Best Ferrups KVA EY425FN024
Naples- 18
WAVV 1515 Benton Rd 34117 Best Ferrups KVA FE18K01243 Tn-
13240 Powerware- 18
Corkscrew Immokalee Rd Naples 9170 KVA C6601N018KK022078
2901 County Naples- Powerware- 18 c.)
County Barn Barn Rd 34112 9170 KVA C6601N018KE050968 d
15669 Tamiami Naples- Powerware- 18
Krehling Trail E 34114 9170 KVA C6601N018KK022077
Chalet- 520 South Marco Island 18
Marco Island Collier Blvd -34145 Best Ferrups KVA FE18K01240
op
8075 Lely Naples- 80
ESC Cultural Pkwy 34113 Powerware 9390 KVA EB333CAA08 3 phase
a)
T.
ca
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Fakouri Electrical Engineering, Inc.
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