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Agenda 09/09/2014 Item #16C5 9/9/201416.0.5. •'■ EXECUTIVE SUMMARY Recommendation to award a contract for Request for Proposal 13-6167R, "Generator Maintenance, Repair, and Installation," to Power Pro-Tech Services, Inc. Estimated annual fiscal impact is approximately$500,000. OBJECTIVE: To provide complete generator maintenance, repair, and installation for all county departments. CONSIDERATIONS: Multiple county departments use generators of various manufacturers, sizes and horsepower in their daily operations. The generators require service by outside vendors.This coordinated contract will enable the Public Utilities Division (PUD), Facilities Management, and other county departments to efficiently utilize these services. Request for Proposal 13-6167R, "Generator, Repair and Installation," was issued May 16, 2014. The solicitation was forwarded to 962 vendors.Forty-six vendors downloaded a copy of the solicitation;three suppliers submitted proposals by the June 6, 2014, deadline. A selection committee, approved by the County Manager, reviewed each of the proposals. The proposal from Clean Fuel & Tank, Inc., was not responsive to the county's requirements and,therefore, not ranked by the committee. By consensus, the selection committee selected Power Pro-Tech Services, Inc., as the highest ranked firm based on their capability,experience,references,and cost. Name of Firm Final Ranking Power Pro-Tech Services 1 Metro Power Systems 2 FISCAL IMPACT: Funds for these services will come from each department's budget as projects and service needs are identified. Historically, countywide annual expenditures for these services have totaled approximately $500,000. This is anticipated to increase as more generators are added throughout PUD systems to provide reliability during power outages to maintain compliance. Funds will be appropriated through annual operating and capital budgeting processes. GROWTH MANAGEMENT IMPACT: This project meets the current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: That the Board of County Commissioners awards a contract for Request for Proposal 13-6167R "Generator Maintenance, Repair and Installation," to Power Pro-Tech Services, Inc.; and authorize the Chairman to sign the attached agreement after final review and approval by the County Attorney's Office. Prepared by: John H.Eick,P.E., Senior Project Manager,Planning and Project Management Department Attachment: 1 –Agreement 2–RFP 13-6167R Packet Page-1534- 9/9/2014 16.C.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.5. Item Summary: Recommendation to award a contract for Request for Proposal 13-6167R, "Generator Maintenance, Repair, and Installation,"to Power Pro-Tech Services, Inc. Meeting Date: 9/9/2014 Prepared By Name: EickJohn Title: Project Manager, Senior,Public Utilities Engineering 8/15/2014 10:37:15 AM Approved By Name: ChmelikTom Title:Director-Public Utilities Engineering,Public Utilities Engineering Date: 8/15/2014 4:10:51 PM Name: Joseph Bellone Title:Director-Operations Support,Utilities Finance Operations Date: 8/15/2014 4:33:44 PM Name: HapkeMargie Title: Recycling Coordinator, Solid&Hazardous Waste Management Date: 8/15/2014 5:08:09 PM Name: RodriguezDan Title:Director- Solid Waste, Solid &Hazardous Waste Management Date: 8/15/2014 8:19:41 PM Name: Camp Skip Title: Director-Facilities Management, Facilities Management Date: 8/18/2014 8:55:20 AM Name: Steve Messner Title:Director-Water, Water Date: 8/18/2014 9:50:51 AM Packet Page-1535- 9/9/2014 16.C.5. Name: BrilhartBrenda Title:Procurement Specialist,Purchasing&General Services Date: 8/18/2014 9:51:02 AM Name: JohnssenBeth Title:Director-Wastewater, Wastewater Date: 8/18/2014 11:39:00 AM Name: JacobsSusan Title: Operations Analyst,Public Utilities Division Date: 8/18/2014 12:05:26 PM Name: MarkiewiczJoanne Title:Director-Purchasing/General Services,Purchasing&General Services Date: 8/19/2014 8:26:26 AM Name: JohnsonScott Title:Manager-Procurement,Purchasing&General Services Date: 8/19/2014 9:01:20 AM Name: PajerCraig Title: Project Manager, Principal,Public Utilities Engineering Date: 8/19/2014 4:39:37 PM Name: TeachScott Title:Deputy County Attorney, County Attorney Date: 8/20/2014 9:36:31 AM Name: YilmazGeorge Title:Administrator-Public Utilities,Public Utilities Division Date: 8/25/2014 10:31:58 AM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 8/25/2014 5:53:27 PM Name: KlatzkowJeff Title: County Attorney, Date: 8/26/2014 3:04:12 PM Name: OchsLeo Title: County Manager,County Managers Office Date: 8/29/2014 1:28:55 PM Packet Page-1536- 9/9/2014 16.C.5. AGREEMENT13-6167R for Generator Maintenance, Repair and Installation THIS AGREEMENT is made and entered into this day of , 2014, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Power Pro-Tech Services, Inc., authorized to do business in the State of Florida, whose business address is 377 Maitland Avenue, Suite 1010, Altamonte Springs, Florida 32701 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the work upon issuance of a Purchase Order. The contract shall be for a one (1) year period, commencing on Board award, and terminating one (1) year from that date or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three (3) additional, one (1) year renewals, renewable annually. 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 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. 2. STATEMENT OF WORK: The Contractor shall provide Generator Maintenance, Repair & Installation Services for the Public Utilities Department as well as other County Departments in accordance with the terms and conditions of RFP #13-6167R and Exhibit A, Scope of Work, hereby attached and incorporated by reference. The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Contractor related to all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Although the primary user of this Contract is the Public Utilities Department, any County Department may use this contract provided sufficient funds are included in its budget. Services may be ordered on an as-needed basis by the departments provided that there has been a Purchase Order established for the work. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Ordinance and Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM: The County shall pay the Contractor for the performance of this Work pursuant to the prices offered by the Contractor in his response to RFP# 13-6167R per Exhibit B, Price Schedule, attached herein and incorporated by reference. Pricing for any services not listed in Exhibit B may be requested via quote. Any County Agency may utilize the services Packet Page-1537- CA 9/9/2014 16.C.5. offered under this contract, provided sufficient funds are included in the budget(s). This contract will be Purchase Order driven. 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Tom Britt, Director of Sales Power Pro-Tech Services, Inc. 377 Maitland Avenue, Suite 1010 Altamonte Springs, Florida 32701 Telephone: 770-721-7111 Facsimile: 407-628-8919 tombagenerator.com All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Director, Procurement Services Phone: 239-252-8407 Fax: 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 Service Agreement must be in writing. 5. NO PARTNERSHIP,: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by ' Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay Packet Page -1538- 9/9/2014 16.C.5. for any permits obtained by Subcontractors. 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. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of$1,000,000 single limit 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 Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Packet Page-1539- 9/9/2014 16.C.5. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (c) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (d) reasonable indication that the Work will not be completed within the Contract Time; (e) unsatisfactory prosecution of the Work by the Contractor; or (f) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is Packet Page-1540- GQ' 9/9/2014 16.C.5. authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Ordinance and Purchasing Procedures. 16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with 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)-(d) and (3)), ordinances). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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 Owner. 19. WARRANTY. Vendor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. 20. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 21. KEY PERSONNEL/ STAFFING: The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person Packet Page-1541- v� 9/9/2014 16.C.5. assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the n Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 25. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Department. Packet Page -1542- U� 9/9/2014 16.C.5. 26. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP #13-6167R any addenda, etc, made or issued pursuant to this Agreement. 27. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 28. 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. 29. 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 markup shall be applied to sales tax. 30. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 31. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 32. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 33. 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. ^34. SECURITY: If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, Packet Page -1543- GQ' 9/9/2014 16.C.5. checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 35. DISPUTE RESOLUTION: Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 36. SAFETY: All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Department Safety Manager and/or Safety Engineer. 37. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP) and/or the Contractor's Proposal, the Contract Documents shall take precedence. 38. 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. Packet Page -1544- CA 9/9/2014 16.C.5. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized ^person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Tom Henning, Chairman Dated: (Seal) Power Pro-Tech Services, Inc. Contractor By: First Witness Signature Type/Print Witness Name Typed Signature Second Witness Title Type/Print Witness Name Approved as to form and legali : Assistant County Attorney • Packet Page -1545- 9/9/2014 16.C.5. EXHIBIT A Scope of Work 13-6167R Generator Maintenance, Repair& Installation This Agreement covers services related to generator maintenance, repair and installation for all County Departments and agencies. At a minimum, the Contractor shall meet the following requirements: Technician Qualifications Repair or installation of the power unit and generator shall be performed by fully trained generator technicians. These technicians shall have at least five (5) years experience in service repair and installation of generators and related equipment at other facilities with emergency application similar to that of Collier County's (i.e., hospitals, water pumping station, lift station, plants etc). In the event of new personnel being hired during the course of the contract, the Contractor will be required to submit the resumes and references of the new employee for County approval before performing any work under the scope of this Agreement. General Requirements The Contractor shall be required to supply all necessary tools, equipment, labor and parts as necessary to complete repair and/or installation. The Contractor will be responsible for supplying rental generators and hookup for all generators they cannot have operating within twenty four (24) hours. Documentation of this cost will be required and approved by the County Representative. Emerciencies and Standard Service The Contractor must supply the County with phone numbers for emergency and routine call-out service. In the case of emergency call-out, the Contractor shall be on-site to provide service within three (3) hours of call-out, and be available to respond twenty-four (24) hours a day, three hundred sixty-five (365) days a year. An emergency condition shall be considered to exist when any failed system hardware and/or software prevents, or threatens to prevent, the operation of the generator or switch gear from fulfilling its intended purpose. The Contractor shall employ an adequate staff of approved technicians to provide this emergency service taking into account vacation and other leaves. Non-emergency service shall be provided within three (3) working days of request. ANNUAL PREVENTIVE MAINTENANCE PROGRAM: Power Units/Generators and Associated Equipment: Visual maintenance inspections shall be performed twice per year with a complete preventive maintenance service included with one (1) inspection. Contractor will provide a list of all sites to be inspected with proposed schedule of service. The schedule must be approved by each department or site designee. Service will be scheduled with the applicable departments. A forty-eight(48) hour notification is required before any work is to be performed. All routine scheduled work will be done during the normal work day, 7:30 a.m. to 4:00 p.m., Monday through Friday, excluding County holidays. Maintenance Inspections shall include a "Maintenance Inspection Checklist"which shall include, at a minimum, all items listed below. Packet Page -1546- �`9 9/9/2014 16.C.5. Cooling 1. Check water hoses (leaks, condition, connections) 2. Check radiator/heat exchanger(blockage, damage, leaks) 3. Check drive belts (condition, adjust if needed) 4. Check fan (lube bearing, condition, cracks) 5. Check operation of coolant heaters (adjust) 6. Check coolant level/antifreeze protection 7. Check DCA concentration (where applicable) 8. Check water pump (leaks) 9. Comments/ Notes Fuel 1. Check for leaks (hose condition, connections) 2. Clean injectors as needed 3. Check fuel transfer pump (leaks, operation) 4. Check governor(linkage, operation, adjustment) 5. Check day tank (operation, leaks) 6. Drain water separator(sediments) 7. Comments/ Notes Intake Exhaust 1. Visual check of piping (leaks, restrictions, conditions) 2. Check crankcase breather(clean if needed) 3. Check turbochargers (operation, leaks, clearances) 4. Inspect air cleaner(change at service) 5. Check rain cap condition 6. Comments/ Notes Lubrication 1. Check oil level (condition of hoses) 2. Check for leaks (tighten loose connections) 3. Check hydraulic governor(add oil if needed) 4. Take oil sample for evaluation (before oil change) 5. Comments/Notes Electrical 1. Check batteries (fluid level, conditions, operation) 2. Battery voltage drop when starting 3. Check connections (clean, tighten if needed) 4. Check battery charger operation 5. Check starting ability (starter amperage draw) 6. Visual check of engine wiring (shorts, breaks) 7. Comments/ Notes 8. Test all safeties a. over speed e. over crank b. Low oil pressure f. high water temperature c. Low water temperature g. low water level d. Low fuel level h. emergency electronic overflow systems I. others Packet Page-1547- cA 9/9/2014 16.C.5. General Condition 1. Engine room (ventilation, cleanliness) 2. Control positions (auto, off, breakers) 3. Check mounts 4. Check hour meter operation 5. Customer problems or questions 6. Check and date generator log 7. Service decal in place 8. Comments/Notes Generator 1. Check generator voltage 2. Check frequency(no load) 3. Check wiring (controls, breaker, regulator) 4. Visual check of stator and rotor 5. Visual check of brushes/rectifiers, regulator 6. Comments/Notes Transfer Switch 1. Check calibration of meters 2. Test transfer switch 3. Adjust timers to customer's needs 4. Run unit under customer load (contact department designee before testing) 5. Comments/Notes Maintenance Service Shall Include: 1. All items listed under Annual Preventive Maintenance Program 2. Engine fuel filters changed 3. Engine oil and fuel filter changed 4. DCA filters changed (where applicable) 5. All air Filters (where applicable) 6. Fuel Polishing (where applicable &approval from the using department) Packet Page -1548- Cq 9/9/2014 16.C.5. EXHIBIT B Price Schedule 13-6167R Generator Maintenance, Repair & Installation Description 3T nit n uric Generator Technician-Normal Working Hours Per Hour $ 77.00 • Generator Technician-Overtime Per Hour $115.00 Markup on Parts and Subcontractors (20% Max) % 20% Fuel Polishing, up to 500 Gallons Lump Sum $475.00 Fuel Polishing, over 501 — 1,000 Gallons Lump Sum $835.00 Fuel Polishing, over— 1,001 —4,000 Gallons Lump Sum $1,555.00 Fuel Polishing, over 4,001 —8,000 Gallons Lump Sum $2,155.00 Fuel Polishing, over 8,001 — 12,000 Gallons Lump Sum $2,635.00 Fuel Polishing, over 12,001 —Gallons Lump Sum $2,995.00 Round Trip Travel Charge (Per Vehicle) Each $ 75.00 Note: These prices are not all inclusive—other services may be requested via quote. ca Packet Page-1549- 9/9/2014 16.C.5. REQUEST FOR PROPOSAL co ler County Administrative.vices aeon Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS RFP 13-6167R Generator Maintenance, Repair & Installation Brenda Brilhart, Procurement Strategist (239) 252-8446 (239) 252-6697(Fax) brendabrilhart@colliergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. pi.r.rEk Purchasing Department•3327 Tamiami Trail East•Naples.Florida 34112-4901•www.colliergov.net/purchasing Packet Page-1550- 9/9/2014 16.C.5. Table of Contents LEGAL NOTICE 3 EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II:GENERAL RFP INSTRUCTIONS 10 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 13 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 16 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 24 ATTACHMENT 2:VENDOR CHECK LIST 25 ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 26 ATTACHMENT 4:VENDOR DECLARATION STATEMENT 27 ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 29 ATTACHMENT 6:IMMIGRATION AFFIDAVIT CERTIFICATION 30 ATTACHMENT 7:VENDOR SUBSTITUTE W—9 31 ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS 32 ATTACHMENT 9:REFERENCE QUESTIONNAIRE 37 , ATTACHMENT A: SCOPE OF SERVICES RFP 13-6167R Generator Repairs 2 Packet Page-1551- 9/9/2014 16.C.5. Cortrer County Administrative Services Division Purchasing Legal Notice Sealed Proposals to provide Generator Maintenance, Repair & Installation will be received until 3:00 PM Naples local time, on June 6, 2014 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. RFP 13-6167R Generator Maintenance, Repair&Installation Services to be provided may include, but not be limited to the following: The successful awarded vendor shall be required to supply all necessary tools, equipment, labor and parts as necessary to complete repair and/or installation of generators. A pre-proposal conference will be not be held for this solicitation. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/Durchasinq and in the Lobby of Purchasing Building "G", Collier County Government Center on May 16, 2014. PEethasing Depatnert•3301 Tamura Trail East•Naples.Florida 34112•w w.cotliergov.netiourchasing RFP 13-6167R Generator Repairs 3 Packet Page-1552- 9/9/2014 16.C.5. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Public Utilities Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Detailed Scope of Work — See Exhibit A Historically, County departments have spent approximately $500,000 annually. Term of Contract The contract term, if an award(s) is/are made is intended to be for one year with three one year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Procurement Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 5/16/14 Last Date for Receipt of Written Questions 5:00 PM 6/2/14 Pre-solicitation meeting N/A Addendum Issued By 6/3/14 Solicitation Deadline Date and Time 3:00 PM 6/6/14 Anticipated Evaluation of Submittals Week of 6/9/14 Anticipated Completion of Contract Negotiations By 6/30/14 Anticipated Board of County Commissioner's Approval Date By 7/31/14 Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. RFP 13-6167R Generator Repairs 4 Packet Page-1553- 9/9/2014 16.C.5. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. Tab 1: Cover Letter/Management Summary(1 page) • Provide a cover letter, signed by an authorized officer of the firm. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Proposer's certification that the Proposer will accept any awards as a result of this RFP. Tab 2: Firm's Ability and Resources - Up to 15 pages (Maximum of 25 Points) • Provide responses to the six items below in the format requested so that the Selection Committee members will be provided with the same objective information for each firm for scoring purposes. Tab 2 of Proposal Firm's Ability and Resources Name of Proposer 1. Identify the number of years the firm has provided generator maintenance and repair services for generator fleets of comparable size (under the same (number of years) leadership). 2. Identify any awards or commendations relating to the quality and responsiveness of its maintenance services the firm has received in the past 5 years. (number of awards) 3. Identify the number of certified generator technicians in southwest Florida the firm has available to work on this assignment. (number of certified technicians) 4. Of the certified technicians listed in 3, above, how many of these have 5 or more years of experience in (number of certified generator-related functions? technicians with 10 yrs. or more experience) 5. Identify the total number of preventative maintenance plans your firm has developed and implemented for (number of fleets of generators in the past 5 years. preventative maintenance plans) RFP 13-6167R Generator Repairs 5 Packet Page-1554- 9/9/2014 16.C.5. 6. Provide the number of manufacturers whose generators your firm is specifically authorized to maintain. (number of manufacturers) TOTAL (Add items#'s 1 -6, and place the total in the adjacent field) (TOTAL) In support of the above, • Provide a list of proposed technicians to work on County equipment along with their certifications and primary work location. Provide resumes if readily available. This list will also be used to evaluate the"Firm's Location" (Tab 5). • Provide a list of facilities where these technicians have performed mechanical and electrical generator repair and/or installation. • Provide a list of manufacturers whose generators the Proposer is authorized to repair and install. • Provide samples of one or more preventative maintenance plans you implemented for generator fleets of comparable size. • Provide any other information, in concise form, that would substantiate the entries made in the table above. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Proposer's information provided in this tab: • The County will total all responses to items (1 —6) above; and rank from the highest number of points to lowest number of points. Responses not identified on one of the items above in the format requested will receive a score of zero. • The highest number of points allowed in this criterion (20)will be awarded to the Proposer that has the highest score. • The next highest Proposer's number of points will be divided by the highest Proposer's points which will then be multiplied by criterion points (20)to determine the Proposer's points awarded. Each subsequent Proposer's point score will be calculated in the same manner. • Points awarded will be rounded to the nearest whole number. For illustrative purposes, refer to the table below for an example of how these points would be distributed among the proposers. Proposer Name Proposer Total Score Points Awarded Proposer ABC 55 20 Proposer DEF 50 18 Proposer GHI 48 17 Proposer JKL 30 12 Proposer MNO 22 9 Proposer PQR 11 4 The points awarded to Proposers will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the proposals to ensure consistency and completion of all items under this tab, and review the Points Awarded per Proposer. The Selection Committee may, at its sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposals and prior to final ranking. RFP 13-6167R Generator Repairs 6 Packet Page-1555- 9/9/2014 16.C.5. Tab 3: Related Experience — 3 Page Total (Maximum of 10 Points) (lr"..© ��a a 3;5) Three sheets will be found at the end of this section. Each of these is to be completed and submitted under Tab 3 of the proposal. The County will pre-score each firm by the responses for each of the three projects below as follows: • Experience is essentially the same in extent(fleet size), scope (nature of the work) and content (generators or related equipment) to the Collier County assignment (5 points) • Experience is similar for two of the following: extent, scope or content, to the Collier County assignment (3 points) • Experience is similar for one of the following: extent, scope or content to the Collier County assignment(2 points) • Experience is not relevant to the Collier County assignment (0 points) Prior to the Selection Committee reviewing proposals, the experience of each Proposer will be pre-scored by summing the points for each of the three completed experience sheets. The Selection Committee will review the proposals to ensure consistency and completion of form in this section and review the Points Awarded per Proposer. The Selection Committee may, at their sole discretion, contact references, and/or modify the experience points assigned after a thorough review of the proposal and prior to final ranking. Tab 4: References—Three Completed and Returned Questionnaires (Maximum of 10 Points) (Ec ': on��pa9.t..I) Three copies of a reference questionnaire are provided at the end of this section. In order for the Proposer to be awarded any points for this tab, the County requests that the Proposer submits three completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal on the enclosed reference forms. It is preferred, but not required that the references align with the experience cited under Tab 3. The County will only consider only the first three references submitted by Proposers, Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Proposer's information provided in this area: • The County will total each of the Proposer's three reference questionnaires and create a ranking from highest number of points to lowest number of points. Questions marked with an N/A (or similar notation will be given the score of zero. Proposers that do not turn in reference forms will be counted as zero. • The greatest number of points allowed in this criterion (10) will be awarded to the Proposer with the highest score. • The next highest Proposer's number of points will be divided by the highest Proposer's points which will then be multiplied by criterion points (10) to determine the Proposer's points awarded. Each subsequent Proposer's point score will be calculated in the same manner. • Points awarded will be rounded to the nearest whole number. For illustrative purposes, the table below shows how these points would be distributed among proposers. RFP 13-6167R Generator Repairs • Packet Page-1556- 9/9/2014 16.C.5. Proposer Total Proposer Name Points Awarded �-� Reference Score Proposer ABC 30 10 Proposer DEF 25 8 Proposer GHI 22 7 Proposer JKL 20 7 Proposer MNO 15 5 The Points Awarded to each Proposer will be distributed to the Selection Committee prior to its evaluation of the proposals. The Selection Committee will review the proposals to ensure consistency and completion of the reference responses, and review the Points Awarded per Proposer. The Selection Committee may, at its sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. Tab 5: Firm's Responsiveness— 1 page(Maximum of 10 Points) Proximity is an important consideration in the quality of services of this nature. Proximity enhances the ability of firms to meet in person rather than remotely, improves communications, shortens response times and reduces travel expenses. Firms will be awarded points for proximity to the work location. 1. For firms that have office locations in Collier or Lee County from which this assignment will be staffed, enter ten (10) points in the adjacent field. • Identify the Collier or Lee County primary address and (Points) telephone number of the office that will service Collier County. 2. For firms that have office locations in counties contiguous to Collier or Lee counties from which this assignment will be staffed, enter five (5) points in the adjacent field. Counties contiguous to Collier and Lee County are: Charlotte, Glades, Hendry, Broward, Miami-Dade and (Points) Monroe counties. • Identify the primary address and telephone number of the office that will service Collier County. 3. For firms that have office locations not included in #1 and #2 above from which this assignment will be staffed, enter one (1) in the adjacent field. • Identify the primary address and telephone number of (Points) the office that will service Collier County. Tab 6: Cost Proposal—1 page (Maximum of 40 Points) ( obi - �' ) Complete the Unit Price and the Total Price (the unshaded cells) for each of the eight items below. These Unit Prices will be used in any agreement signed between the County and a Proposer. The quantities in the table are not representative of actual anticipated quantities, but placeholders to enable computation of a Total Cost for evaluation purposes. Points will be allocated based upon a ranking of Total Costs from lowest to highest. RFP 13-6167R Generator Repairs 8 Packet Page-1557- 9/9/2014 16.C.5. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Proposer's information provided in this tab: • The County will review each of the Proposer's Total Cost from the table above, and create a ranking from lowest to highest. • The Proposer with the lowest total cost from the table above will receive the highest number of points allowed in this criterion (40). • The Proposer with the highest total cost from the table above will receive 0 points. • The Proposers with total cost falling between the lowest and highest will be awarded points in proportion to where their Total Cost falls between the lowest and highest. • Points will be rounded to the nearest whole number. For illustrative purposes, refer to the table below for an example of how these points would be distributed among six proposers with Total Costs ranging from $4,000 to $8,000. Note that the Proposer with a Total Cost of $6,000 (halfway between the low and the high Total Cost) received 10 points (half of the available 20 points). Sample Total Amount Above Scale Factor Points Cost Low Proposer $4,000 $0 1.00 40 $4,500 $500 0.88 35 $5,000 $1,000 0.75 30 $6,000 $2,000 0.50 20 $7,500 $3,500 0.13 5 $8,000 $4,000 0.00 0 Tab 7: Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. Tab 8: Required Form Submittals • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements • Miscellaneous Forms Requested RFP 13-6167R Generator Repairs 9 Packet Page-1558- 9/9/2014 16.C.5. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference, if scheduled, is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 3:00 PM, Naples local time, on or before June 6, 2014 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Brenda Brilhart, Procurement Strategist RFP 13-6167R Generator Repairs 10 Packet Page-1559- 9/9/2014 16.C.5. The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by r-'■ Consultant's personnel or by the Consultant's outside carrier. However, the Procurement Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. If submitting manually, vendors must submit one (1) paper copy clearly labeled "Master," and one (1) disks (CD's/DVD's) with one copy of the proposal on each disk in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors 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. 9. Evaluation of Proposals The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make RFP 13-6167R Generator Repairs 11 Packet Page-1560- 9/9/2014 16.C.5. site visits, and obtain guidance from third party subject matter experts. The final n recommendation will be decided based on review of scores and consensus of committee. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Criteria Relative Weight (%) Tab II, Firms Ability & Resources 15 Tab III, Related Experience 15 Tab IV, References 10 Tab V, Firms Location 10 Tab VI, Cost Proposal 40 Local Vendor Preference 10 TOTAL 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12.Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. RFP 13-6167R Generator Repairs 12 Packet Page -1561- 9/9/2014 16.C.5. Exhibit Ill: Collier County Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act,"and, pursuant to the Board of County Commissioners Purchasing Policy. . 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. RFP 13-6167R Generator Repairs 13 Packet Page-1562- 9/9/2014 16.C.5. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non-Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys'fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non-infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the RFP 13-6167R Generator Repairs 14 Packet Page-1563- 9/9/2014 16.C.5. basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to 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 conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and/or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. RFP 13-6167R Generator Repairs 15 Packet Page-1564- 9/9/2014 16.C.5. Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements 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 the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 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. 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 ■-■ Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured 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 deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. 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. 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 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 the full extent permitted under such policy. RFP 13-6167R Generator Repairs 16 Packet Page-1565- 9/9/2014 16.C.5. 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 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 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 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. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 51% or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 7. Payment Method 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. RFP 13-6167R Generator Repairs 17 Packet Page-1566- 9/9/2014 16.C.5. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerkcollierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. 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 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. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or 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 association with a contract. 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 Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 8. 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 RFP 13-6167R Generator Repairs 18 Packet Page-1567- 9/9/2014 16.C.5. 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. 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. 9. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. 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. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. 10. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 11. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 12. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. RFP 13-6167R Generator Repairs 19 Packet Page-1568- 9/9/2014 16.C.5. 13. Lobbying n All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orci/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. 16. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 17. Survivability The Contractor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 13-6167R will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 18. Protest Procedures Any prospective 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 purchasing ordinance and policies. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays RFP 13-6167R Generator Repairs 20 Packet Page-1569- 9/9/2014 16.C.5. and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the 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 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. 19. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 20. Security and Background Checks If required, Vendor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 21. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of 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. 22. 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. 23. Immigration Affidavit Certification 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. RFP 13-6167R Generator Repairs 21 Packet Page-1570- 9/9/2014 16.C.5. 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. 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 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/'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 Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the Vendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the vendor's proposal may be deemed non-responsive. Additionally, 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. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verifv. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be �. fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended 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. 24. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. 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 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 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 RFP 13-6167R Generator Repairs 22 Packet Page-1571- 9/9/2014 16.C.5. submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation proposers 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 proposer who fails to submit sufficient documentation with their proposal 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. For all purchases of commodities and services procured through a competitive proposal process and not otherwise exempt from this local preference section, the solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified under subsection 11B.2 (which are subject to Section 287.055, F.S.) and subsection 11B.3 (which are subject to Section 11.45, F.S.) shall not be subject to this local preference section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. 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. RFP 13-6167R Generator Repairs 23 Packet Page-1572- 9/9/2014 16.C.5. Co er County Purchasing Attachment 1: Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation RFP 13-6167R Generator Maintenance, Repair& Installation for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP 13-6167R Generator Repairs 24 Packet Page-1573- 9/9/2014 16.C.5. Comer Comfy Adninistrative Services Division Purchasing Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Brenda Brilhart, Procurement Strategist ❑ The mailing envelope must be sealed and marked with Solicitation RFP 13-6167R Generator Maintenance, Repair& Installation. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP 13-6167R Generator Repairs 25 Packet Page-1574- 9/9/2014 16.C.5. Coen ComIty Administrative Services Division Purchasing Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires RFP 13-6167R Generator Repairs 26 Packet Page-1575- 9/9/2014 16.C.5. Cott- County Administrative Services Division Purchasing Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: RFP 13-6167R Generator Maintenance, Repair& Installation Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: RFP 13-6167R Generator Maintenance, Repair& Installation. (Proposal Continued on Next Page) RFP 13-6167R Generator Repairs 27 Packet Page-1576- 9/9/2014 16.C.5. PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 20 in the County of , in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number CCR# or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email RFP 13-6167R Generator Repairs 28 Packet Page-1577- 9/9/2014 16.C.5. Co ier County Acirmististive son , Purchasing Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: RFP 13-6167R Generator Maintenance, Repair& Installation (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: 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 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 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. Vendor must complete the following information: Year Business Established in ❑Collier County or❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): 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. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY El LEE COUNTY 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) RFP 13-6167R Generator Repairs 29 Packet Page-1578- 9/9/2014 16.C.5. Acirninisbative C�.o ier�Cownty Services Drvison Purdiasing Attachment 6: Immigration Affidavit Certification Solicitation: RFP 13-6167R Generator Maintenance, Repair& Installation 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 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. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verifv program may deem the Vendor's proposal as non-responsive. 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 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 grounds for unilateral termination of the contract by Collier County. 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 Vendor's/Bidder's proposal. ^ Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20 , by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature 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. RFP 13-6167R Generator Repairs 30 Packet Page-1579- 9/9/2014 16.C.5. Co i, r Ccrumy Administrative Services Division Purchasing Attachment 7: 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 return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) _Individual/Sole Proprietor Corporation _Partnership Tax Exempt (Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification'Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (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 Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number RFP 13-6167R Generator Repairs 31 Packet Page-1580- 9/9/2014 16.C.5. Co icr County Adrrinisbative Services Division Purchasing Attachment 8: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000,single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/ Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant 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. 4. ®Automobile Liability $ 1,000.000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑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 under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Professional Liability $ per claim and in the aggregate Packet Page-1581- 9/9/2014 16.C.5. • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑Valuable Papers Insurance $ Per Occurrence 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 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. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to 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 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 York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 1 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County 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 work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5)days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number RFP 13-6167R Generator Repairs 33 Packet Page-1582- 9/9/2014 16.C.5. Tab 3—Related Experience Solicitation RFP 6167R Generator Maintenance, Repair and Installation (Submit Responses on this Form) Provide a Description of a Recent Similar Assignment(1) Customer Name: Project location: Scope of Work: Start date: End Date Dollar value of contract(Approx): : Describe the fleet of generators you maintained, repaired or installed, including exterior equipment(e.g. automatic transfer switches, tank level sensors, etc.) Describe the preventative maintenance program you implemented: Describe the service call process that was used: What were the positive outcomes of the program? Customer contact information (name, phone number, email address): RFP 13-6167R Generator Repairs 34 Packet Page-1583- 9/9/2014 16.C.5. Provide a Description of a Recent Similar Assignment(2) Customer Name: Project location: Scope of Work: Start date: End Date Dollar value of contract(Approx): : Describe the fleet of generators you maintained, repaired or installed, including exterior equipment(e.g. automatic transfer switches, tank level sensors, etc.) Describe the preventative maintenance program you implemented: Describe the service call process that was used: •-• What were the positive outcomes of the program? Customer contact information (name, phone number, email address): RFP 13-6167R Generator Repairs 35 Packet Page-1584- 9/9/2014 16.C.5. Provide a Description of a Recent Similar Assignment(3) Customer Name: Project location: Scope of Work: Start date: End Date Dollar value of contract(Approx): : Describe the fleet of generators you maintained, repaired or installed , including exterior equipment(e.g. automatic transfer switches, tank level sensors, etc.) Describe the preventative maintenance program you implemented: Describe the service call process that was used: What were the positive outcomes of the program? Customer contact information (name, phone number, email address): RFP 13-6167R Generator Repairs 36 Packet Page-1585- 9/9/2014 16.C.5. Crier County Administrative Se Pu�,anq Tab 4: Reference Questionnaire Solicitation: 13,6167R Generator Maintenance, Repair and Installation Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Organization: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored"0." Project Description: Completion Date: Project Budget: Project Number of Days: Item Criteria Score 1 Ability to develop and implement an effective PM program 2 Responsiveness 3 Ability to promptly obtain parts when needed 4 Quality of work. 5 Communications(written and oral) 6 Cost. 7 Safety 8 Project management 9 Ability to follow your policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By RFP 13-6167R Generator Repairs 37 Packet Page -1586- 9/9/2014 16.C.5. Tab 6— Cost Proposal (Include this completed form as Tab 6 of your proposal) Name of Proposer Item Description Quantity Unit Unit Price Total Price 1 Generator Technician-Normal 40 Hours Working Hours $/hour 2 Helper-Normal Working Hours 40 Hours $/hour 3 Generator Technician-Overtime 6 Hours $/hour 4 Helper-Overtime 6 Hours $/hour 5 Markup on Parts and $1000 % Subcontractors (20% Max) (as decimal) 6 Fuel Polishing, up to 500 Gallons 100 Gallons $/gal 7 Fuel Polishing, over 500 Gallons 1000 Gallons $/gal 8 Round Trip Travel Charge (Per 10 Each Person) $/Each Total Cost RFP 13-6167R Generator Repairs 38 Packet Page -1587- 9/9/2014 16.C.5. ATTACHMENT A Scope of Work TECHNICIAN QUALIFICATIONS Repair or installation of the power unit and generator shall be performed by fully trained generator technicians. These technicians shall have at least five (5) years experience in service repair and installation of generators and related equipment at other facilities with emergency application similar to that of Collier County's (i.e., hospitals, water pumping station, lift station, plants etc). The proposer shall state what manufactures equipment the proposer is authorized to service and repair. Proposers shall submit a list of the proposed technicians with their resumes in accordance with Tab 2, Firm's Ability and Resources. In the event of new personnel being hired during the course of the contract, the Contractor will be required to submit the resumes and references of the new employee for County approval before performing any work under the scope of this Bid. The successful proposer shall be required to supply all necessary tools, equipment, labor and parts as necessary to complete repair and/or installation, a list will be attached to proposer's response. The list shall include the dates repair equipment was last calibrated. Proposer will be responsible for supplying rental generators and hookup for all generators they cannot have operating within twenty four (24) hours. Documentation of this cost will be required and approved by the County Representative The successful proposer must supply the County with phone numbers for emergency and routine call-out service. In the case of emergency call-out, the awarded Contractor shall be on-site to provide service within three (3) hours of call-out, and be available to respond twenty-four (24) hours a day, three hundred sixty-five (365) days a year. An emergency condition shall be considered to exist when any failed system hardware and/or software prevents, or threatens to prevent, the operation of the generator or switch gear from fulfilling its intended purpose. The awarded Contractor shall employ an adequate staff of approved technicians to provide this emergency service taking into account vacation and other leaves. Non-emergency service shall be provided within three (3)working days of request. ANNUAL PREVENTIVE MAINTENANCE PROGRAM: Power Units/Generators and Associated Equipment: Visual maintenance inspections shall be performed twice per year with a complete preventive maintenance service included with one (1) inspection. Awarded vendor will provide a list of all sites to be inspected with proposed schedule of service. The schedule must be approved by each department or site designee. Service will be scheduled with the applicable departments. A forty-eight (48) hour notification is required before any work is to be performed. All routine scheduled work will be done during the normal work day, 7:30 a.m. to 4:00 p.m., Monday through Friday, excluding County holidays. Maintenance Inspections shall include a "Maintenance Inspection Checklist" which shall include, at a minimum, all items listed below, a sample of which shall be included in proposers response package. Proposers will also supply a copy of safety procedures, i.e. Lock Out/Tag Out, with proposer's response. Cooling 1. Check water hoses (leaks, condition, connections) 2. Check radiator/heat exchanger (blockage, damage, leaks) 3. Check drive belts (condition, adjust if needed) --� 4. Check fan (lube bearing, condition, cracks) 5. Check operation of coolant heaters (adjust) RFP 13-6167R Generator Repairs 39 Packet Page-1588- 9/9/2014 16.C.5. 6. Check coolant level/antifreeze protection 7. Check DCA concentration (where applicable) n 8. Check water pump (leaks) 9. Comments/Notes Fuel 1. Check for leaks (hose condition, connections) 2. Clean injectors as needed 3. Check fuel transfer pump (leaks, operation) 4. Check governor (linkage, operation, adjustment) 5. Check day tank (operation, leaks) 6. Drain water separator(sediments) 7. Comments/Notes Intake Exhaust 1. Visual check of piping (leaks, restrictions, conditions) 2. Check crankcase breather (clean if needed) 3. Check turbochargers (operation, leaks, clearances) 4. Inspect air cleaner (change at service) 5. Check rain cap condition 6. Comments/Notes Lubrication 1. Check oil level (condition of hoses) 2. Check for leaks (tighten loose connections) 3. Check hydraulic governor (add oil if needed) 4. Take oil sample for evaluation (before oil change) 5. Comments/Notes Electrical 1. Check batteries (fluid level, conditions, operation) 2. Battery voltage drop when starting 3. Check connections (clean, tighten if needed) 4. Check battery charger operation 5. Check starting ability (starter amperage draw) 6. Visual check of engine wiring (shorts, breaks) 7. Comments/Notes 8. Test all safeties a. over speed e. over crank b. Low oil pressure f. high water temperature c. Low water temperature g. low water level d. Low fuel level h. emergency electronic overflow systems I. others General Condition 1. Engine room (ventilation, cleanliness) 2. Control positions (auto, off, breakers) 3. Check mounts 4. Check hour meter operation 5. Customer problems or questions ^ 6. Check and date generator log 7. Service decal in place 8. Comments/Notes RFP 13-6167R Generator Repairs 40 Packet Page -1589- 9/9/2014 16.C.5. Generator 1. Check generator voltage 2. Check frequency (no load) 3. Check wiring (controls, breaker, regulator) 4. Visual check of stator and rotor 5. Visual check of brushes/rectifiers, regulator 6. Comments/Notes Transfer Switch 1. Check calibration of meters 2. Test transfer switch 3. Adjust timers to customer's needs 4. Run unit under customer load (contact department designee before testing) 5. Comments/Notes Maintenance Service Shall Include: 1. All items listed under Annual Preventive Maintenance Program 2. Engine fuel filters changed 3. Engine oil and fuel filter changed 4. DCA filters changed (where applicable) 5. All air Filters (where applicable) 6. Fuel Polishing (where applicable & approval from the using department) EQUIPMENT DESCRIPTION & LOCATION(S) This is a general list of the generators and related equipment to be serviced in the scope of this bid. This list is not all inclusive. The County reserves the right to add and delete generators from these specifications. Representative List of Water Department Generators Engine: Caterpillar 3516 Generator: Caterpillar SR4 Switch Gear: Asco Size: 2000 KW Location(s): South County Water Treatment Plant Engine: Caterpillar 3516 Generator: Caterpillar SR4 Switch Gear: Asco Size: 2000 KW Location(s): South County Water Treatment Plant Engine: Cummins NT855GS Generator: Cummins Switch Gear: ASCO Size: 175 KW Location(s): Goodland Repump Station Engine: Volvo TA121GG n Generator: Lima Switch Gear: General Electric RFP 13-6167R Generator Repairs 41 Packet Page-1590- 9/9/2014 16.C.5. Size: 200 KW Location(s): Collier County Well Field (Tamiami) Engine: Cummins NT855CE Generator: Cummins Switch Gear: Cutler Hammer 1000 Amps Size: 500 KW Location(s) Manatee Repump Station Engine: Detroit Generator: Marathon Switch Gear: Westinghouse Size: 450 KW Location(s): Raw Water Booster Station Engine: Caterpillar 7C459A Generator: Caterpillar Switch Gear: Cutler Hammer 1200 amps Size: 800 KW Location(s): Carica Repump Station Engine: Caterpillar 7C459A Generator: Caterpillar Switch Gear: Cutler Hammer 1200 amps Size: 800 KW Location(s): Carica Repump Station Engine: Caterpillar 3516 DITA Generator: Caterpillar Switch Gear: General Electric Size: 480 KW Location(s): North County Water Treatment Plant Engine: Caterpillar 3516 DITA Generator: Caterpillar Switch Gear: General Electric Size: 480 KW Location(s): North County Water Treatment Plant Engine: Caterpillar 3516 DITA Generator: Caterpillar Switch Gear: General Electric Size: 480 KW Location(s): North County Water Treatment Plant Engine: Caterpillar 3516 DITA Generator: Caterpillar Switch Gear: General Electric Size: 480 KW Location(s): North County Water Treatment Plant Engine: Caterpillar MDL#3406 Generator: MDL#sr 4 Switch Gear: Zenith Controls Size: 375 KW Location: North RO Well House#5 Engine: Caterpillar MDL#3406 Generator: MDL#sr 4 Switch Gear: Zenith Controls RFP 13-6167R Generator Repairs 42 Packet Page-1591- 9/9/2014 16.C.5. Location: North RO Well House#9 Engine: Cummins Generator: MDL# DFED 5558829 Switch Gear: Cummins Onan Power Commander MX 100 Size: 375 KW Location: North RO Well House#13 Engine: Cummins Generator: MDL# DFAC-5566033 Switch Gear: Cummins Onan Transfer Switch Size: 312.5 KW Location: North RO Well House#16 Engine: Cummins Generator: Onan Switch Gear: Onan Size: 1000 KW Location: Raw Water Booster Station Engine: Caterpillar Generator: Caterpillar Switch Gear: Zenith Size: 200 KW Location: Tamiami Well House#6 Engine: Caterpillar Generator: Caterpillar Switch Gear: Zenith Size: 200 KW Location: Tamiami Well House#11 Engine: Volvo Penta TA 121 GG Generator: Superior(Marthon) Switch Gear: Westinghouse Size: 200 kW Location: Tamiami Well House# 14 Engine: Detroit(2 stroke) • Generator: Kohler Switch Gear: Kohler Size: 250 KW Location: Tamiami Well House# 18 Engine: Caterpillar Generator: Caterpillar Switch Gear: Zenith Size: 200 KW Location: Tamiami Well House#23 Engine: Caterpillar Generator: Caterpillar Switch Gear: Zenith Size: 200 KW Location: Tamiami Well House#25 Engine: Cummins KTA/50/G3 Generator: Onan Switch Gear: Onan Size: 1259 KW RFP 13-6167R Generator Repairs 43 Packet Page-1592- 9/9/2014 16.C.5. Location: Pelican Bay Pump Station Engine: Cummins KTA 38 G1 Generator: Cummins Switch Gear: General Electric Size: 750 KW Location: South County Lime Softening Water Plant Engine: Cummins KTA 38/GS-GC2 Generator: Marathon Switch Gear: General Electric Size: 750 KW Location: South County Lime Softening Water Plant Engine: Caterpillar Generator: Caterpillar SR4 Switch Gear: ASCO Size: 2000 KW Location: South County RO water Plant Engine: Caterpillar 3516 Generator: Caterpillar SR4 Switch Gear: ASCO Size: 2000 KW Location: South County RO Water Plant Wastewater Department Generators Engine: Cummins Generator: Kohler Switch Gear: Kohler Size: 125 KW Location(s): #3.03 Bayshore @ Small Engine World #3.05 Glades #3.08 Francis Avenue #3.10 Foxfire #4.00 Lely Resorts 321-00 Engine: Cummins Generator: Kohler Switch Gear: Kohler Size: 150 KW Location(s): #3.01 Hitching Post #3.06 Thomasson Drive #3.09 Lakewood Blvd. #3.13 Countryside Engine: Cummins Generator: Kohler Switch Gear: Kohler Size: 250 KW Location(s): #3.02 Royal Wood (2) #3.12 Embassy Woods(2) Engine: John Deere Generator: Kohler Switch Gear: Kohler Size: 80 KW Location(s): M/S 304-Thomasson/Alladin (by Park) RFP 13-6167R Generator Repairs 44 Packet Page-1593- 9/9/2014 16.C.5. Engine: Caterpillar Generator: Caterpillar Switch Gear: Caterpillar Size: 200 KW Location(s): M/S 316-Championship Drive Engine: Caterpillar Generator: Onan Switch Gear: Onan Size: 250 KW Location(s): M/S 317—US 41 East& Hamilton Road Engine: Caterpillar Generator: Caterpillar Switch Gear: Caterpillar Size: 200 KW Location(s): M/S 318—6670 Collier Boulevard Engine: Generac Generator: N/A Switch Gear: N/A Size: 80 KW Location(s): Seven (7)trailer mounted units at 6027 Shirley Street Engine: Cat Olympian Power System Generator: N/A Switch Gear: N/A Size: 125 KW Location(s): Two(2)trailer mounted units at 6027 Shirley Street Engine: Onan Generator: Cummins Switch Gear: N/A Size: 5.8 KVA Location(s): Three (3) units mounted in camera vans at 6027 Shirley Street Engine: Cummins Generator: Cummins Switch Gear: Zenith Size: 300 KW Location(s): 6027 Shirley Street Engine: Caterpillar Generator: Caterpillar Switch Gear: Caterpillar Size: 200 KW Location(s): M/S 103—Piper Boulevard (Palm River) Engine: Caterpillar Generator: Caterpillar Switch Gear: Caterpillar Size: 200 KW Location(s): M/S 107—Quail Creek Master Station Engine: Onan Generator: Onan Switch Gear: Onan Size: 500 KW RFP 13-6167R Generator Repairs 45 Packet Page-1594- 9/9/2014 16.C.5. Location(s): M/S 102—Wiggins Pass Road Engine: Cummins Generator: Onan Switch Gear: ASCO Size: 350 KW Location(s): North County Wastewater Plant Engine: Cummins Generator: Onan Switch Gear: ASCO Size: 250 KW Location(s): North County Wastewater Plant Engine: Cummins Generator: Onan Switch Gear: ASCO Size: 300 KW Location(s): North County Wastewater Plant Engine: Caterpillar Generator: Caterpillar Switch Gear: N/A Size: 375 KW Location(s): North County Wastewater Plant Engine: Cummins Generator: Onan Switch Gear: General Electric Size: 800 KW Location(s): South County Wastewater Plant(2 each) Facilities Management: Engine: Kohler Generator: Kohler Switch Gear: Kohler Size: 80KW Location: Corkscrew EMS#10 Engine: Onan Generator: Katolight Switch Gear: Generac Size: 200KW Location: Immokalee Health Department Engine: Onan Generator: Onan Switch Gear: Onan Size: 230 KW Location: Immokalee Sheriffs Office Engine: Superior Generator: Superior Switch Gear: ASCO Size: 40 KW Location: Immokalee County Fleet/Barn Engine: Caterpillar Generator Caterpillar RFP 13-6167R Generator Repairs 46 Packet Page-1595- 9/9/2014 16.C.5. Switch Gear: GE/Zenith Size: 350 KW Location: Immokalee Jail Engine: Generac Generator: Generac Switch Gear: Generac Size: 8 KW Location: Immokalee Landfill Engine: Onan Generator: Onan Switch Gear: Onan Size: 35 KW Location: 800 mghz—Benton Rd Engine: Onan Generator: Onan Switch Gear: Onan Size: 35KW Location: 800 mghz—Miles City Engine: Onan Generator: Onan Switch Gear: Onan Size: 12.5 KW Location: Everglades/Carnstowne Sheriffs Office Engine: Generac Generator: Generac Switch Gear: Generac Size: 8 KW Location: Marco Sheriff's Office Engine: Replacement Generator: Generac Switch Gear: Generac Size: 130KW Location: Marco Island Solid Waste Transfer Station Engine: Onan Generator: Onan Switch Gear: Onan Size: 35 KW Locaton: Krehling Tower 800mghz Engine: Onan Generator: Onan Switch Gear: Onan Size: 35 KW Location: Corkscrew Tower 800 mghz Engine: Onan Generator: Onan Switch Gear: Onan Size: 75KW Location: Station 71 Golden Gate Estates RFP 13-6167R Generator Repairs 47 Packet Page-1596- 9/9/2014 16.C.5. Engine: Cummins Generator: Cummins Switch Gear: Onan Size: 30 KW Location: Station 70-Golden Gate City Engine: Onan Generator: Onan Switch Gear: Onan Size: 60KW Location: Golden Gate City Sheriff's Office/Service Center Engine: Kohler Generator: Kohler Switch Gear: Asco Size: 60 KW Location: North Naples Sheriffs Office& Medic 44 Engine: Onan Generator: Onan Switch Gear: Onan Size: 35 KW Location: 800 mghz—Trade Center Way Engine: Onan Generator: Onan Switch Gear: Onan Size: 45 KW Location: Naples County Barn Tower 800mghz Engine: Replacement Generator: Superior Switch Gear: ASCO Size: 80 kw Location: Naples Landfill Scale House Engine: Kohler Generator: Kohler Switch Gear: Kohler Size: 200 KW Location: Collier County Medical Examiner/Morgue Engine: Magnetek Generator: Magnetek Switch Gear: Magnetek Size: 65 KW Location: D.O.T. # 1 -Shop Engine: Generac Generator: Generac Switch Gear: Generac Size: 80 KW Location: D.O.T.#2—Fuel Island Engine: Replacement Generator: Wacker Switch Gear: Onan Size: 67kw Location: D.O.T. #3-Admin RFP 13-6167R Generator Repairs 48 Packet Page-1597- 9/9/2014 16.C.5. Engine: Cummins Generator: Cummins Switch Gear: Cummins Size: 125 KW Location: Station 24—Grey Oaks Engine: Superior Generator: Superior Switch Gear: Zenith Size: 15 KW Location: Central Library Engine: Kohler Generator: Kohler Switch Gear: Kohler Size: 100 KW Location: Transportation Administration Bldg. Engine: Caterpillar Generator: Caterpillar Switch Gear: Trans-O-Matic Size: 250 KW Location: Developmental Services Bldg. Engine: Onan Generator: Onan Switch Gear: Onan Size: 35 KW Location: Heliport/EMS#3 Engine: Cummins •'■ Generator: Cummins Switch Gear: Cummins Size: 100 KW Location: Collier County Property Appraiser Office Engine: Replacement Generator: Onan Switch Gear: Onan Size: 2- 7KW Location: Collier County Emergency Management Mobile Command Engine: Caterpillar Generator: Caterpillar Switch Gear: Lexco Size: 620 KW Location: Naples Jail Center Bldg J Engine: Cummins Generator: Cummins Switch Gear: Asco Size: 750 KW Location: Bldg K Chiller Plant Engine: Cummins Generator: Cummins Switch Gear: Cummins Size: 1200kw Location: Bldg F Collier County Government Administration Bldg. RFP 13-6167R Generator Repairs 49 Packet Page-1598- 9/9/2014 16.C.5. Engine: Caterpillar Generator: Caterpillar Switch Gear: Lexco Size: 350 KW Location: Collier County Government Complex Substation B Engine: Kohler Generator: Kohler Switch Gear: Kohler Size: 265 KW Location: Bldg C Tax Collectors/Elections Bldg. Engine: Cummins Generator: Cummins Switch Gear: Cummins Size: 1250 KW Location: Collier County Government Employees Parking Deck Parking Garage#1 Engine: Generator: Generator-2—Kohler Switch Gear: ASCO Size: 2500kw Location: ESC Engine: Generator: Kohler Switch Gear: ASCO Size: 600kw Location: BCC Fleet County Barn Fleet Generator: Kohler Switch gear: ASCO Size: 600kw Location: Sheriff Fleet County Barn Rd Generator: Kohler Switch Gear: ASCO Size: 40kw Location: BCC Fuel Island County Barn Road Generator: Kohler Switch Gear: Kohler Size: 750kw Location: Courthouse Annex Generator: Kohler Switch Gear: Kohler Size: 400kw Location: Parking Garage#2 Tow behind Generators: Generator: Godwin Switch Gear: none Size: 7 @45kw Location: ESC Generator: Magnum Switch Gear: Manual Size: 125kw RFP 13-6167R Generator Repairs 50 Packet Page-1599- 9/9/2014 16.C.5. Location: Marco Island Airport Generator: Magnum Switch Gear Manual Size 80kw Location Immokalee Airport Generator: Magnum Switch Gear: None Size: 55kw Location: Sheriff Fleet County Barn Road Generator: Re-use Pump CAT Size 1000KW Location WW NWWTP Misc. Generators: Various Cummins (125—350KW) Onan, Triton 45KW, 71 HP, Bobcat 225 400KW, Cutler Hammer; Kohlr Model KCS- DCTC 0600B RFP 13-6167R Generator Repairs 51 Packet Page-1600-