Agenda 11/18/2014 Item # 16E 211/18/2014 16.E.2.
EXECUTIVE SUMMARY
Recommendation to award ITB #14 -6350 "Plumbing Contractors" to BC Plumbing Service of
Southwest Florida, Inc. as the primary vendor and Shamrock Plumbing and Mechanical, Inc. as
the secondary vendor for plumbing services and authorize the Chairman to execute the contracts.
OBJECTIVE: To obtain plumbing services from qualified and licensed plumbing firms that can meet
the needs for the County.
CONSIDERATIONS: Facilities Management maintains the buildings for the County. The plumbing
services are handled in -house with the assistance of outside licensed plumbing contractors.
This solicitation has been posted on two previous occasions, under the Bid #13 -6165 and Bid #13- 6165R.
On each occasion, the solicitation resulted in only one qualified bidder. It was detennined by staff that
more competition was needed to be able to fairly award a contract. As a result, the Board approved the
Staff requested rejections at the 07/08/2014 Board meeting item 16.E.1 and the 08/26/2014 Absentia
Meeting item 16.E.1.
On September 17, 2014, the Purchasing Department again solicited bids for outside plumbing contractors
to provide services. A total of two hundred and ninety -seven (297) notices were sent, nineteen (19) were
downloaded, and both BC Plumbing Service of Southwest Florida, Inc. and Shamrock Plumbing and
Mechanical, Inc. submitted proposals.
FISCAL IMPACT: Funds are budgeted within each Department's operating cost center. Average
historical annual expenditures are $55,000.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval. — CMG
RECOMMENDATION: That the Board of County Commissioners approves ITB 914-6350,
Plumbing Contractors, to BC Plumbing Service of Southwest Florida, Inc., as the primary vendor and
Shamrock Plumbing and Mechanical, Inc. as the secondary vendor for plumbing services and
authorizes the Chainnan to sign the contracts.
Prepared by: Dennis Linguidi, CFM, Facilities Manager, Department of Facilities Management
Attachments: 14 -6350 — Bid Tabulation
BC Plumbing Agreement (Primary)
Shamrock Agreement (Secondary)
13 -6165 — Rejection Executive Summary
13-6165R — Rejection Executive Summary
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11/18/2014 16.E.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.2.
Item Summary: Recommendation to award ITB #14 -6350 "Plumbing Contractors" to BC
Plumbing Service of Southwest Florida, Inc. as the primary vendor and Shamrock Plumbing and
Mechanical, Inc. as the secondary vendor for plumbing services and authorize the Chairman to
execute the contracts.
Meeting Date: 11/18/2014
Prepared By
Name: LinguidiDennis
Title: Manager - Facilities, Facilities Management
10/16/2014 8:26:19 AM
Submitted by
Title: Manager - Facilities, Facilities Management
Name: LinguidiDennis
10/16/2014 8:26:20 AM
Approved By
Name: NorthrupAdam
Title: Procurement Specialist, Purchasing & General Services
Date: 10/20/2014 11:41:06 AM
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Division
Date: 10/20/2014 1:49:12 PM
Name: JohnsonScott
Title: Manager - Procurement. Purchasing & General Services
Date: 10/21/2014 9:40:52 AM
Name: MarkiewiczJoanne
Title: Director - Purchasing /General Services, Purchasing & General Services
Date: 10/22/2014 6:51:47 AM
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11/18/2014 16.E.2.
Name: PriceLen
Title: Administrator - Administrative Services, Administrative Services Division
Date: 10/27/2014 2:54:00 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 10/28/2014 11:15:06 AM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 10/28/2014 5:08:25 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/30/2014 3:23:02 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 1 1 /6/2014 2:49:08 PM
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11/18/2014 16.E.2.
7/8/2014 16.E.1.
EXECUTIVE SUMMARY
Recommendation to reject Invitation to Bid (ITB) #13 -6165 for Plumbing Contractors and extend
ITB #09 -5323 — On Call Plumbing Contractors to Shamrock Plumbing and ]Mechanical, Inc., for six
(6) months or until a new solicitation is executed.
OBJECTIVE: To obtain plumbing services in a fair and competitive manner.
CONSIDERATIONS: Facilities Management is responsible for the maintenance of'buildings owned
and /or leased by the Board of County Commissioners. It relies on both in -house staff and contractors for
the maintenance of these facilities.
On April 1, 2014, the Purchasing Department solicited bids for outside plumbinb contractors to provide
services. The solicitation was opened to vendors on April 18, 20 14. A total of three hundred and eighty--
nine (389) notices were sent, twenty -four (24) were downloaded, and Shamrock Plumbing and
Mechanical, Inc. was the only vendor that submitted a proposal.
Staff believes that this is not adequate competition for a service such as plumbing. In order to obtain as
full and open competition as possible, it is the opinion of the Purchasing Department that the Board
should reject ITB #13 -6165, allow staff to make necessary modifications to the solicitation, and repost as
soon as possible.
In order to continue to have plumbing services as needed, staff recommends that the Board extend ITB
409 -5323 — On Call Plumbing Contractors until January 8, 2015 or until the new solicitation is approved,
whichever is sooner, in accordance with the Collier County Purchasing Ordinance 2013 -69 19.D Contract
Extension.
FISCAL IMPACT: No new fiscal impact is associated with this action.
LEGAL CONSIDERATIONS: This item has been approved as to firm and legality and requires
majority vote for approval. — CMG
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
RECOMMENDATION: That the Board of County Commissioners rejects Invitation to Bid (1 TB) 413-
6165 for Plumbing Contractors and extends ITB 9 09 -5323 — On Call Plumbing Contractors to Shamrock
Plumbing and Mechanical, Inc., for six (6) months or until a new solicitation is executed.
Prepared By: Prepared by: Dennis Linguidi, CFM, Facilities Manager, Department of Facilities
Mana-ement
Parkat PacxF -1 f,RR-
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11/18/2014 16.E.2.
2014 Executive Summaries approved in Board's absence
August 26, 2014 In Absentia Meeting Items to be presented at the
September 9, 2014 BCC Meeting
Page 1
Item 16171
Approval of the following documents by the County Manager is subject to formal
ratification by the Board of County Commissioners. If the decision by the County
Manager is not rated by that Board, the document(s) shall be enforceable
against Collier County only to the extent authorized by law in the absence of
such ratification by that Board.
A. Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of August 7, 2014 through
August 13, 2014.
B. Request that the Board of County Commissioners approve the use of
$500 from the Confiscated Trust Funds to support the Florida Missing
Children's Day Foundation.
C. Request that the Board of County Commissioners approve the use of
$500 from the Confiscated Trust Funds to support the Florida Sheriff's
Youth Ranches.
D. Recommend that the Board of County Commissioners serve as the local
coordinating unit of government for the Florida Department of Law
Enforcement's Federal Fiscal Year 2014 Edward Byrne Memorial, Justice
Assistance Grant (JAG) Countywide Program and authorize the Chairman
to execute the Certification of Participation, designate the Sheriff as the
official applicant. Sheriffs office staff as grant financial and program
managers, approve the grant application when completed, and authorize
acceptance of awards and associated budget amendments.
E. Recommendation that the Board accepts the investment update report for
the quarter ended June 30, 2014.
F. Recommendation to reject Invitation to Bid (ITB) #13 -6165r for Plumbing
Contractors.
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11/18/2014 16.E.2.
16F T -F
EXECUTIVE SUMMARY
Recommendation to reject Invitation to Bid (ITB) #13 -6165r for Plumbing Contractors.
OBJECTIVE: To obtain plumbing services in a fair and competitive manner.
CONSIDERATIONS: Facilities Management is responsible for the maintenance of buildings owned
and/or leased by the Board of County Commissioners. It relies on both in -house staff and contractors for
the maintenance of these facilities.
On April 1, 2014, the Purchasing Department solicited bids for outside plumbing contractors to provide
services, on ITB #13 -6165. The solicitation was opened on April 18, 2014. A total of three hundred and
eighty-nine (389) notices were sent, twenty-four (24) were downloaded, and Shamrock Plumbing and
Mechanical, Inc. was the only vendor that submitted a proposal. On July 8, 2014 the Board rejected ITB
#13 -6165 because there was not sufficient competition.
On June 26, 2014, the Purchasing Department re- solicited bids for outside plumbing contractors on ITB
#13-6165r. The solicitation was opened on July 11, 2014. A total of one hundred and forty-six (146)
notices were sent, eighteen (18) were downloaded. In addition to the notices sent by the online system,
approximately 12 local plumbing contractors were contacted directly by the Purchasing Department
regarding this solicitation. BC Plumbing Service of South West Florida, Inc. was the only vendor that
submitted a proposal. The incumbent, Shamrock Plumbing and Mechanical, Inc. contacted staff upon bid
closing to inquire why their previous submission for was not accepted for the rebid. Staff explained that
procedure directs vendors to re- submit solicitations in the event of a rebid.
As with the first solicitation, staff believes that this is not adequate competition for a service such as
plumbing. In order to obtain as full and open competition as possible, it is the opinion of the Purchasing
Department that the Board should reject ITB #13- 6165r, allow staff to make necessary modifications to
the solicitation, and repost as soon as possible.
Approval of this document by the County Manager is subject to formal ratification by the Board of
County Commissioners. If the decision by the County Manager is not ratified by that Board, this
document shall be enforceable against Collier County only to the extent authorized by law in the absence
of such ratification by that Board.
FISCAL IMPACT: No new fiscal impact is associated with this action.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval. — CMG
RECOMMENDATION: That the Board of County Commissioners rejects Invitation to Bid (ITB) #13-
6165r for Plumbing Contractors.
Attachments: Executive Summary 16.E.1 07/08/2014
Prepared By: Prepared by: Dennis Linguidi, CFM, Facilities Manager, Department of Facilities
Management
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11/18/2014 16.E.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.1.
Item Summary: Recommendation to reject Invitation to Bid (ITB) #13 -6165r for Plumbing
Contractors
Meeting Date: 8/26/2014
Prepared By
Name: LinguidiDennis
Title: Manager - Facilities, Facilities Management
8/8/2014 12:00:54 PM
Submitted by
Title: Manager - Facilities, Facilities Management
Name: LinguidiDennis
8/8/2014 12:00:55 PM
Approved By
Name: CampSkip
Title: Director - Facilities Management, Facilities Management
Date: 8/8/2014 12:19:06 PM
Name: NorthrupAdam
Title: Procurement Specialist, Purchasing & General Services
Date: 8/8/2014 2:36:33 PM
Name: JohnsonScott
Title: Manager - Procurement, Purchasing & General Services
Date: 8/8/2014 3:55:58 PM
Name: MarkiewiczToanne
Title: Director - Purchasing/General Services, Purchasing & General Services
Date: 8/11/2014 4:34:14 PM
Name: pochopinpat
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11/18/2014 16.E.2.
Title: Administrative Assistant, Administrative Services Division
Date: 8/22/2014 10:43:17 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 8/25/2014 2:46:15 PM
Name: PriceLen
Title: Administrator - Administrative Services, Administrative Services Division
Date: 8/26/2014 10:22:10 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 8/26/2014 4:35:57 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/27/2014 9:34:19 AM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 8/27/2014 10:18:08 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 8/27/2014 1:21:28 PM
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11 /18/2014 16. E.2.
7/8!2014 16.E.1.
EXF(TTIVE SUMMARY
Recommendation to reject Invitation to Bid iiTB) Il13 -6165 fur Plumbing; Contractors and extend
iTB!lW5323 - On Call Plumbing Contractors to Shamrock Plumbing and Mechanical. Inc.. for six
(6) months or until a new solicitation is executed.
OR1EC IVF: I obtain phtmhing service~ in a fair and competitive manner
CONSIDERATIONS: Facilities Management is regxmsible for the maintenance of buildings owned
andior leased by the Board of County Commissioners. It relics ton both in -hautie staff and contractors ft )r
the maintenance of thcxc Ihcilitics.
On April I, 2014. the Purchasing Department solicited bids for outside plumbing contractors to provide
services. g`he solicitation was opened to vendors on April 18. 2014. A total of three hundred and cigshty-
nine (3131)) notices were scat, o4venty -four (24) were downloaded. and Shamrock Plumbing and
Mechanical. Inc. ►vas the only vendor that submitted a proposal.
Staff believes that this is not adequate competition for a service such as plumbing. In order to obtain as
full and open competition as possible. it is tits opinion of the Purchasing Department that the Board
should reject I I H 713 -6165. allow staff iu make necessary mtxlifieations to the solicitation, and report w%
goon as possible.
In order to continue TO have plumbing services as needed. staff recommends that the Board extend 11`B
#09 -5323 - (')n Call Plumbing Contractors until Januan K, 20 15 or until the new solicitation is approved.
whichever is souner. to accordance with the Collier County Purchasing ordinance 20 13-69 19.1) ontrac:
Extension.
FISCAL IMPACT: No new fFscal impact is w%stxiated wish this action.
LEGAL CONSIDERATIONS: This item has been approved as to horns and legality and requires
majority vote for approval. - C NIG
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
RECOMMENDATION: Fhnt the Board of County Commissioners rejects invitation to Rid (I`f'B) &1 1-
0165 titir Plumbing Contractors and extends ITI3 a 4)4)-; 123 _ Ott Call Plumbing Contractors to Shamrtwk
l'Ittmhing and Ma;ch:tnical. Inc.. f+tr six (6) months or until n new solicitation is executed.
Prepared By Dennis I,inguidi. C'F \4. Facilitie% Manager. Department of Facilities
44anacement
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11/18/2014 16.E.2.
A G R E E M E N T 14-6350
for
On Call Plumbing Contractors
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 Shamrock Plumbing and
Mechanical, Inc., as the Secondary Contractor, authorized to do business in the State of Florida,
whose business address is 3557 Plover Ave, Ste 6, Naples, FL 34117 (hereinafter referred to as the
"Contractor ").
WITNESSETH:
COMMENCEMENT. The contract shall be for a one (1) year period, commencing on Date of
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
or terminated. 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 Board of County Commissioners deemed two (2) firms to be
qualified and awarded a Contract to each firm for services on a Primary and Secondary basis.
The Contractor shall provide on -call and emergency plumbing services in accordance with the
terms and conditions of ITIS #14 -6350 — On Call Plumbing Contractors 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
procedure to obtain work outlined in the next paragraphs and 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 Facilities Management Department, any
County Department may use this contract provided sufficient funds are included in its budget.
The process for obtaining services under this Contract is as follows:
A. Process for On -Call Services:
The County will contact the Primary Contractor when work is to be performed, which will afford
the Contractor the opportunity to coordinate a mutually agreeable time to commence the work.
The Contractor shall have one (1) business days to respond that he is willing and able to
complete the Work in the required time frame(s). If the Primary Contractor is unwilling or
unable to perform said work, the Secondary Contractor will then be contacted. The County will
issue a purchaser order (or blanket purchase order) and it shall be considered as a "Notice to
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11/18/2014 16.E.2.
Proceed ". No work for a specific job shall begin until the Contractor is in receipt of an
approved purchase order.
B. Process for Emergencv Services:
The County will contact the Primary Contractor when work is to be performed. The Contractor
shall be on the work site within sixty (60) minutes for all locations in the Naples and Marco
area. The response time for the Immokalee and Everglades City area shall be within ninety
(90) minutes. If the Primary Contractor is unable to respond within the required time frame, the
Secondary Contractor will then be contacted.
This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County
Facilities 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 ITB # 14 -6350 — On Call
Plumbing Contractors per Exhibit B Price Schedule, attached herein and incorporated by
reference. Any County Agency may utilize the services 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:
Shamrock Plumbing and Mechanical, Inc.
3557 Plover Ave, Ste 6
Naples, FL 34117
Attention: William McFarlane, President
Telephone: 239 -592 -7080
Fax: 239 -263 -3064
Email: wjmshamrock @aol.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
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11/18/2014 16.E.2.
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
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 Per
Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability.
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11/18/2014 16.E.2.
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 $500,000 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.
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
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11/18/2014 16.E.2
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
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
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11/18/2014 16.E.2.
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
19. WARRANTY. The Contractor expressly warrants that the goods, materials and /or equipment
covered by this Agreement will conform to the requirements as specified, and will be of
satisfactory material and quality production, free from defects, and sufficient for the purpose
intended. Goods shall be delivered free from any security interest or other lien, encumbrance
or claim of any third party. Any services provided under this Agreement shall be provided in
accordance with generally accepted professional standards for the particular service. These
warranties shall survive inspection, acceptance, passage of title and payment by the County.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
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. 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.
22. 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.
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B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the 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.
23. 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.
24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Facilities Management Department.
25. 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), ITB #13 -6165 -
Plumbing Contractors, Exhibit A Scope of Work, Exhibit B Price Schedule, and any
addenda, etc, made or issued pursuant to this Agreement.
26. 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.
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27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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,
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.
34. 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
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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.
35. 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.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Tom Henning, Chairman
Dated:
(Seal)
Shamrock Plumbing and Mechanical, Inc.
Contractor
By:
First Witness Signature
Type /Print Witness Name Typed Signature
Second Witness Title
Type /Print Witness Name
Approved as to form and legality:
Assistant County Attorney
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EXHIBIT A
Scope of Work
Contract 14 -6350 — "On Call Plumbing Contractors"
The Contractor shall provide labor, equipment and parts for emergency and on -call plumbing
services, within but not limited to, all Collier County owned and leased properties, including the
County Jails.
Employee Qualifications:
The Contractor shall employ people to work at all County facilities who are competent and physically
capable of doing the Work. Each employee shall be neat in appearance.
The County shall require the Contractor to remove from the County work place all employees deemed
careless, incompetent, insubordinate, or otherwise objectionable, or whose continued employment on
the job is deemed to be contrary to the best interests of the County.
Work that is requested of the Contractor in the County Jails will require thorough background checks
of personnel and a search of tools /materials taken into the jails. Employees must pass and comply
with all screening procedures to enter secured government buildings which include; background
checks of service personnel at the time of contract and possible rechecks upon entry to the jail.
Service personnel shall be escorted by a deputy while inside the jail.
All employees must wear Collier County Government identification badges at all times while
performing services on County facilities.
Work Quality:
The Contractor will be expected to examine surfaces scheduled to receive the Work under this
Agreement and locate conditions which will adversely affect the performance and quality of the Work.
The Contractor shall advise the Facilities Manager or his designee of all such conditions and secure
further directions before proceeding with the Work.
The Contractor must fully clean up the Work site and remove all trash, parts, and material once the
Work is complete.
invoices:
Each item listed on the invoice(s) the following shall be included: the County's Purchase Order
number; details of service(s) performed; number of hours by skilled trade level; materials furnished;
and the unit price(s).
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Materials:
Costs for all materials necessary to complete the Work shall be listed on the invoice. A breakdown of
material shall be required, including documentation of costs, when such costs exceed five hundred
dollars ($500.00). Miscellaneous items totaling five hundred dollars ($500.00) or less shall not
require documentation. Items less than five hundred dollars ($500.00) shall be labeled as
"Miscellaneous Supplies ". The County reserves the right to periodically spot check items less than
the threshold.
Safety:
All Contractors and subcontractors performing service for Collier County are required to 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. Material Safety Data Sheets (M.S.D.S.) are required.
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Exhibit B
Price Schedule
Contract 14 -6350 — "On Call Plumbing Contractors"
Item #
Description
UOM
Rate
Re ular Time
Rate
After Hours
1
Master Plumber
Per Hour
$70.00
$90.00
2
Journeyman
Per Hour
$70.00
$90.00
3
Helper/Apprentice
Per Hour
$70.00
$90.00
41
General Laborer
Per Hour
$50.00
$70.00
5
Material Markup
Percentage over cost
35%
N/A
6
Subcontractor Markup
Percentage over cost
20%
N/A
The Contractor's hourly rate shall be on a portal -to -portal basis. "Regular Time" is defined as County
business hours; Monday through Friday 7:30 a.m. to 5:00 p.m. "After Hours" rates apply to
weekends, County holidays, and Monday through Friday after 5:01 p.m. and before 7:30 a.m. If a
requested service starts during "Regular Time ", and extends into the "After Hours" period, the After
Hour rate shall only be charged for time actually worked during the "After Hour period ".
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A G R E E M E N T 14-6350
for
On Call Plumbing Contractors
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 BC Plumbing Service of
Southwest Florida, Inc., as the Primary Contractor, authorized to do business in the State of Florida,
whose business address is 6331 Lancewood Way, Naples, FL 34116 (hereinafter referred to as the
"Contractor ").
WITNESSETH:
COMMENCEMENT. The contract shall be for a one (1) year period, commencing on Date of
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
or terminated. 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 Board of County Commissioners deemed two (2) firms to be
qualified and awarded a Contract to each firm for services on a Primary and Secondary basis.
The Contractor shall provide on -call and emergency plumbing services in accordance with the
terms and conditions of ITB #14 -6350 — On Call Plumbing Contractors 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
procedure to obtain work outlined in the next paragraphs and 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 Facilities Management Department, any
County Department may use this contract provided sufficient funds are included in its budget.
The process for obtaining services under this Contract is as follows:
A. Process for On -Call Services:
The County will contact the Primary Contractor when work is to be performed, which will afford
the Contractor the opportunity to coordinate a mutually agreeable time to commence the work.
The Contractor shall have one (1) business days to respond that he is willing and able to
complete the Work in the required time frame(s). If the Primary Contractor is unwilling or
unable to perform said work, the Secondary Contractor will then be contacted. The County will
issue a purchaser order (or blanket purchase order) and it shall be considered as a "Notice to
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Proceed ". No work for a specific job shall begin until the Contractor is in receipt of an
approved purchase order.
B. Process for Emergency Services:
The County will contact the Primary Contractor when work is to be performed. The Contractor
shall be on the work site within sixty (60) minutes for all locations in the Naples and Marco
area. The response time for the Immokalee and Everglades City area shall be within ninety
(90) minutes. If the Primary Contractor is unable to respond within the required time frame, the
Secondary Contractor will then be contacted.
This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County
Facilities 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 ITB # 14 -6350 — On Call
Plumbing Contractors per Exhibit B Price Schedule, attached herein and incorporated by
reference. Any County Agency may utilize the services 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:
BC Plumbing Service of Southwest Florida, Inc.
6331 Lancewood Way
Naples, FL 34116
Attention: Robert D Cook, President/CEO
Telephone: 239 -455 -5040
FAX: 239 -455 -5040
BCPlumbingswtl @gmail.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
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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
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 Per
Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability_
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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 $500,000 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.
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
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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
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
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Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
19. WARRANTY. The Contractor expressly warrants that the goods, materials and /or equipment
covered by this Agreement will conform to the requirements as specified, and will be of
satisfactory material and quality production, free from defects, and sufficient for the purpose
intended. Goods shall be delivered free from any security interest or other lien, encumbrance
or claim of any third party. Any services provided under this Agreement shall be provided in
accordance with generally accepted professional standards for the particular service. These
warranties shall survive inspection, acceptance, passage of title and payment by the County.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
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. 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.
22. 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.
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B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the 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.
23. 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.
24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Facilities Management Department.
25. 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), ITB #13 -6165 -
Plumbing Contractors, Exhibit A Scope of Work, Exhibit B Price Schedule, and any
addenda, etc, made or issued pursuant to this Agreement.
26. 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.
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27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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,
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.
34. 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
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11/18/2014 16.E.2.
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.
35. 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.
Cq
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(Seal)
First Witness
Type /Print Witness Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bv:
Tom Henning, Chairman
BC Plumbing Service of Southwest Florida, Inc.
Contractor
By:
Signature
Typed Signature
Second Witness Title
Type /Print Witness Name
Approved as to Form and Legality:
Assistant County Attorney
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EXHIBIT A
Scope of Work
Contract 14 -6350 — "On Call Plumbing Contractors"
The Contractor shall provide labor, equipment and parts for emergency and on -call plumbing
services, within but not limited to, all Collier County owned and leased properties, including the
County Jails.
Employee Qualifications:
The Contractor shall employ people to work at all County facilities who are competent and physically
capable of doing the Work. Each employee shall be neat in appearance.
The County shall require the Contractor to remove from the County work place all employees deemed
careless, incompetent, insubordinate, or otherwise objectionable, or whose continued employment on
the job is deemed to be contrary to the best interests of the County.
Work that is requested of the Contractor in the County Jails will require thorough background checks
of personnel and a search of tools /materials taken into the jails. Employees must pass and comply
with all screening procedures to enter secured government buildings which include; background
checks of service personnel at the time of contract and possible rechecks upon entry to the jail.
Service personnel shall be escorted by a deputy while inside the jail.
All employees must wear Collier County Government identification badges at all times while
performing services on County facilities.
Work Quality:
The Contractor will be expected to examine surfaces scheduled to receive the Work under this
Agreement and locate conditions which will adversely affect the performance and quality of the Work.
The Contractor shall advise the Facilities Manager or his designee of all such conditions and secure
further directions before proceeding with the Work.
The Contractor must fully clean up the Work site and remove all trash, parts, and material once the
Work is complete.
Invoices:
Each item listed on the invoice(s) the following shall be included: the County's Purchase Order
number; details of service(s) performed; number of hours by skilled trade level; materials furnished;
and the unit price(s).
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Materials:
Costs for all materials necessary to complete the Work shall be listed on the invoice. A breakdown of
material shall be required, including documentation of costs, when such costs exceed five hundred
dollars ($500.00). Miscellaneous items totaling five hundred dollars ($500.00) or less shall not
require documentation. Items less than five hundred dollars ($500.00) shall be labeled as
"Miscellaneous Supplies ". The County reserves the right to periodically spot check items less than
the threshold.
Safety:
All Contractors and subcontractors performing service for Collier County are required to 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. Material Safety Data Sheets (M.S.D.S.) are required.
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Exhibit B
Price Schedule
Contract 14 -6350 — "On Call Plumbing Contractors"
Item #
Description
UOM
Rate
(Regular Time
Rate
After Hours
1
Master Plumber
Per Hour
$55.00
$75.00
2
Journeyman
Per Hour
$55.00
$75.00
3
Helper/Apprentice
Per Hour
$45.00
$60.00
4
General Laborer
Per Hour
$30.00
$40.00
5
Material Markup
Percentage over cost
35%
N/A
6
Subcontractor Markup
Percentage over cost
15%
N/A
The Contractor's hourly rate shall be on a portal -to -portal basis. "Regular Time" is defined as County
business hours; Monday through Friday 7:30 a.m. to 5:00 p.m. "After Hours" rates apply to
weekends, County holidays, and Monday through Friday after 5:01 p.m. and before 7:30 a.m. If a
requested service starts during "Regular Time ", and extends into the "After Hours" period, the After
Hour rate shall only be charged for time actually worked during the "After Hour period ".
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