Loading...
Agenda 09/10/2013 Item #11E 9/10/2013 11 .E. EXECUTIVE SUMMARY Recommendation to award Request for Proposal (RFP) #12-5968 Automatic Meter Reading Systems to Ferguson Waterworks, Inc., for the purchase of automatic meter reading system components. OBJECTIVE: To purchase residential and commercial automatic meter reading system components at best value to meet the demand for new meter installation, meter maintenance,and for the CIP replacement of the aging meters. CONSIDERATIONS: The Collier County Water-Sewer District is responsible to ensure all connections to the potable and irrigation quality water distribution systems are metered. A Request for Proposal (RFP) was issued to meet the need to meter each connection and to collect meter readings remotely through the purchase of 3/4"to 2" meters, software, hardware, and an annual maintenance agreement. The current contract expired on July 28,2013. County staff posted RFP #12-5968 for Automatic Meter Reading Systems on January 15, 2013, sending electronic notices to 172 vendors that provide the required products. The county received seven proposals by the February 19, 2013, response date. By consensus, the selection committee ranked and selected the vendor with the highest score, with a recommended initial contract term of three years, with one additional three-year renewal period, at the County's discretion. The proposals,ranked by score from highest to lowest, are as follows. 1. Ferguson Waterworks, Incorporated 2. Innovative Metering Solutions,Incorporated 3. Itron,Incorporated 4. Sunstate Meter& Supply, Incorporated 5. McDonald Technologies International,Incorporated 6. Fortiline Waterworks 7. Municipal Waterworks,Incorporated The Public Utilities Division plans to move from Automated Meter Reading (AMR) technology to Advanced Metering Infrastructure (AMI) technology that provides incremental data on demand. Both technologies are available through the proposed contract, which can be used to test AMI through a pilot program. Staff recommends the award of RFP #12-5968 Automatic Meter Reading Systems to Ferguson Waterworks, Inc., for the purchase of automatic meter reading system components. FISCAL IMPACT: Funding is available in, and is consistent with, the FY2013 Operating Budget approved by the Board of County Commissioners on September 20, 2012. The source of funding is the Collier County Water-Sewer District Operating Fund (408), and Water Capital Fund (412). The exact fiscal impact will depend on the number of new requests for service connections, the number of meter failures, and the results of an ongoing audit of all potable meters. The amount requested per fiscal year is weighted more heavily for FY2014 through FY2017 due to the planned change out of the majority of the 3/4" to 2" meters, as they are reaching the end of their useful lives (between 12 to 15 years) during this timeframe. The estimated fiscal impact over the life of the contract is outlined below. Packet Page-193- 9/10/2013 11.E. Estimate FY 13 (Approved) FY 14 FY 15 FY 16 FY 17 FY 18 Meter and Components $2,500,000 $5,000,000 $5,000,000 $5,000,000 $5,000,000 $2,000,000 Meter Systems Software $17,000 - - Cost Annual Meter System $4,500 $4,500 $4,500 $4,500 $4,500 $4,500 Software Maintenance Estimated Number of Meter Change Outs(including New Customer Installations, Meter Maintenance,and CIP Meter Replacements) 3/4" 750 14,450 14,450 14,450 14,450 5,780 1" 30 753 753 753 753 301 1-1/2" 30 753 753 753 753 301 2" 15 427 427 427 427 171 LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District, award Request for Proposal #12-5968, Automatic Meter Reading Systems, to Ferguson Waterworks Inc., for the purchase of automatic meter reading system components; and, authorized the chairwoman to sign the attached agreement after final review and approval by the County Attorney. Prepared By: Steve Messner, Water Department Director Attachments: Committee Ranking Sheet Agreement No. 12-5968 Request for Proposal Packet Page-194- 9/10/2013 11 .E. COLLIER COUNTY Board of County Commissioners Item Number: 11.11.E. Item Summary: Recommendation to award Request for Proposal (RFP) #12-5968 Automatic Meter Reading Systems to Ferguson Waterworks, Inc., for the purchase of automatic meter reading system components Meeting Date: 9/10/2013 Prepared By Name: DavidsonBrandon Title: VALUE MISSING 8/16/2013 3:59:07 PM Submitted by Title: Administrative Assistant, Senior,Water Name: Donna Bergeron 8/16/2013 3:59:09 PM Approved By Name: HapkeMargie Title: Operations Analyst,Public Utilities Date: 8/19/2013 12:40:10 PM Name: HapkeMargie Title: Operations Analyst,Public Utilities Date: 8/19/2013 1:52:59 PM Name: JohnsonScott Title: Purchasing Agent,Purchasing&General Services Date: 8/20/2013 9:06:59 AM Name: WardKelsey Title: Manager-Contracts Administration,Purchasing&Ge Date: 8/20/2013 9:27:13 AM Packet Page-195- 9/10/2013 11.E. Name: Steve Messner Title: Plant Manager,Water Date: 8/20/2013 10:34:52 AM Name: Pam Libby Title: Manager-Operations-Water/WW,Water Date: 8/20/2013 12:02:45 PM Name:Evelyn Colon Title: Purchasing-Procurement Specialist Date: 8/20/2013 4:17:30 PM Name: MarkiewiczJoanne Title: Manager Purchasing Acquisition,Purchasing&Gene Date: 8/20/2013 8:20:15 PM Name: Amia Marie Curry Date: 8/21/2013 9:45:49 AM Name: SunyakMark Title: Project Manager,Principal,Public Utilities Engine Date: 8/22/2013 12:13:47 PM Name: JohnssenBeth Date: 8/23/2013 12:23:51 PM Name: ChmelikTom Title: Director, Public Utilities Engineering Date: 8/26/2013 1:24:13 PM Name: YilmazGeorge Title: Administrator, Public Utilities Date: 8/26/2013 4:13:59 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management&B Date: 8/27/2013 9:03:54 AM Name: KlatzkowJeff Title: County Attorney Date: 8/27/2013 11:47:09 AM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Packet Page-196- 9/10/2013 11 .E. Date: 8/30/2013 12:05:56 PM Name:OchsLeo Title: County Manager Date: 8/31/2013 10:21:41 AM Packet Page-197- 9/10/2013 11.E. AGREEMENT 12-5968 for Automatic Meter Reading System THIS AGREEMENT, made and entered into on this day of 2013, by and between Ferguson Enterprises, Inc., authorized to do business in the State of Florida, whose business address is 3801 Prospect Ave., Naples, FL 34104 (the "Contractor" or "Ferguson") and Collier County,a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the work upon the issuance of a Purchase Order. 2. CONTRACT TERM. The contract shall be for an initial three (3) year period, commencing on Date of Board award, and terminating three (3) years from that date. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for one (1) additional three (3) year period. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than thirty (30) days prior to the end of the Agreement term then in effect. 3. STATEMENT OF WORK. The Contractor shall provide an Automatic Meter Reading system (AMR) in accordance with the Scope of Services in Exhibit A, terms and conditions of RFP #12-5968 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project or Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 4. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, per Exhibit B, attached herein and incorporated by reference, together with the cost of any other charges/fees submitted in the proposal. Any County agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". ANN Page 1 of 16 Packet Page -198- 9/10/2013 11 .E. 4.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services. All invoices must be received 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. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Ferguson Enterprises, Inc. 3801 Prospect Avenue Naples, FL 34104 Attn:JoDerek Adams joderek.adams@ferguson.com Tel: 239-643-4970 Fax: 239-643-4945 With a copy to Legal at: 12500 Jefferson Avenue, Newport News,VA 23602 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Purchasing &General Services Director Telephone: 239-252-8407 Facsimile: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. Page 2 of 16 C� Packet Page-199- • 9/10/2013 11.E. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County,the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the 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. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Page 3 of 16 Packet Page-200- 9/10/2013 11 .E. 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 $500,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor/ shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 4 of 16 Packet Page-201- 9/10/2013 11.E. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Water Department. 15. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Exhibit A,Scope of Services Exhibit B, Pricing Exhibit C, Manufacturer Warranty Contractor's Proposal Insurance Certificate(s) RFP#12-5968 Specifications/Scope of Services and Addenda. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Page 5 of 16 CA Packet Page-202- 9/10/2013 11 .E. 19. 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. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be 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. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. KEY PERSONNEL/CONTRACT 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 Page6ofl6 Cy Packet Page-203- 9/10/2013 11 .E. required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP) and/or the Contractor's Proposal, the Contract Documents shall take precedence. 27. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof,without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. ****************************Remainder of page intentionally left blank****************************** Page 7 of 16 Packet Page-204- Cq 9/10/2013 11.E. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an , ty, p y, y 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: Dated: Georgia A. Hiller,Esq.,Chairwoman (SEAL) Ferguson Enterprises, Inc. Contractor By: First Witness Signature TType/print witness namel' Second Witness Type/print signature and title TType/print witness nameT Approved as to Form and Legality: b1 Assistant County Attorney Print Name Page 8 of 16 Packet Page-205- GP 9/10/2013 11.E. Exhibit A 12-5968 Automatic Meter Reading System Scope of Services 1. Definitions. 1.1. Software. "Software" is defined as the EZReader, EZ Mobile, EZ Profiler, and EZ Locator and any other software products provided by Ferguson. 1.2. Hardware. "Hardware" is defined as Street Machine RF Receiver and PitStop handheld receivers, TRuRead remotes, and all other peripheral electronic products provided by Ferguson. 1.3. Radio Modules. "Radio Modules" are defined as Hot Rod Modules and any other radio modules provided by Ferguson. 1.4. Encoder Register Products. "Encoder Register Products" are defined as Hersey Translator Encoder registers. 1.5. Meters. "Meters" are defined as Models 400, 500, MVR, RFM, FM3, HM, HbMag cold water meters and detector check models EDCIV. 1.6. Documentation. "Documentation" is defined as the most current version of the user guides, reference manuals, and installation materials provided by Ferguson related to the Software, Hardware, Radio Modules, Encoder Register Products, and Meters. 1.7. Live Processing. "Live Processing" is defined as the date when meter readings collected by the System are used to generate bills to the County's utility customers. Y 9 tY tY 1.8. System. "System" is defined as both the Software and Hardware. 1.9 Errors. "Errors" shall mean a failure of the System to function as provided in the documentation provided to County. 1.10 Mueller Systems/manufacturer. "Mueller Systems" or "manufacturer" is defined as the manufacturer of the Meters and owner of the Software. 1.11 Ferguson. "Ferguson" is defined as the seller/supplier of the System. 2. Price.The price for products and services to be provided by Ferguson under the terms of this Agreement are listed in Exhibit B, Price List. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made, in writing, to the Purchasing Director and must be based upon increased costs to the vendor only. Verification of these increases shall be furnished to the Purchasing Director with the written request for increase. Any upward price adjustment approved by the County shall impose upon the vendor the requirement to advise and extend credit to the County when costs' similarly decrease. 3. Payment. The County shall pay Ferguson the Startup Cost fees upon live processing of the System and the Annual Licensing/Maintenance fees at the end of the first year as defined in Exhibit B and any additional unit pricing based on the County's needs. 4. Sofware License. 4.1. License. Ferguson will provide to the County, a limited, non-exclusive, nontransferable license (without the right of sublicense) to, in connection with the Hardware, use, install, run, execute, display and duplicate and distribute internally, the Page 9 of 16 Packet Page-206- CA 9/10/2013 11 .E. Software and Documentation solely for the County's internal information management and processing purposes. 4.2. Restrictions. Except as specifically and expressly permitted in writing by Ferguson, by the manufacturer, the County shall not (i) violate any restriction set forth in this Agreement; (ii) modify, translate, de-compile, reverse compile, disassemble, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code of the Software; (iii) adapt the Software in any way for use to create a derivative work; (iv) include or combine the Software in or with any other software; or (v) use the Software to provide processing services to third parties or on a service bureau basis. Except as expressly permitted in this Agreement, the County may not copy the Software other than to make one machine readable copy for disaster recovery or archival purposes. The County may only make copies of the Documentation as reasonably necessary for the use contemplated herein and with proper inclusion of Mueller Systems' copyright notices. • 4.3. Ownership. This Agreement does not grant to the County any ownership interest including but not limited to patent, copyright, trade secret, trademark or other intellectual property (collectively "Intellectual Property") in the Software or Documentation. The County has a license to use the Software and Documentation as provided in this Agreement, The County hereby agrees and acknowledges that Mueller Systems owns all right, title, and interest in the Software and Documentation. The County waives any ownership in the Software. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work created from the Software or Documentation made by or at the direction of the County shall be owned solely and exclusively by manufacturer. 5. System Specifications. The Documentation read together with the Ferguson Response to Collier County Solicitation 12-5968 shall constitute the system specification ("System Specification"). If a conflict exists between the Documentation and the Ferguson Response to the Collier County Solicitation 12- 5968, the Ferguson Response to the Collier County Solicitation 12-5968 shall be the controlling document. 6. Installation Services. Within sixty (60) days from the issuance of a purchase order from the County, Ferguson shall deliver the System to the County and assist the County's IT Department with the installation of the System ("Installation"). The County shall make every effort to provide any requested sample interface files, record layouts, or other requested information in a timely manner in order for Ferguson to complete the Installation on time as requested. System The cost of Installation assistance is included in the Start Up cost defined in Exhibit B, Price List. Installation shall include but shall not be limited to the following: (i) the introduction of object code for the Software onto the internal storage of the County's system; (ii) the installation and testing of the System; System (iv) the generation of all master tables/files, initialized, and able to accept the County's data; (v) the establishment of all default values required by the Software; (vi) installation of the programs or commands necessary to enable any printed output from the Software to print on a network printer; (vii) installation of the interface with the County's system; (viii) delivery of all Documentation. Page 10 of 16 Packet Page-207- �q 9/10/2013 11.E. 7. Acceptance Testing. 7.1. Acceptance Testing. Upon completion of the Installation, the County will test the System to determine whether the System operates in accordance with the Acceptance Tests set forth in Section 7.2 below ("Acceptance Testing"). All such Acceptance Testing will be conducted by County personnel at the County's site and completed within ninety (90) days from the completion of Installation. 7.2. Acceptance Tests. The following testing criteria will be used by the County in testing the Software ("Acceptance Tests"): 7.2.1. The System meets the specifications and functions set forth in the System Specification; 7.2.2. The System, operating on the County's system, is capable of running a variety of data on a repetitive basis without failure; 7.2.3. The System accurately reads volume flow from the Meters; 7.2.4. All Documentation has been delivered. 7.3. Acceptance. Acceptance occurs upon the County's signature on a Certificate of Acceptance. Ferguson shall notify the County of substantial completion. The County shall conduct acceptance testing within ninety (90) days of substantial completion. The System shall be deemed accepted within ten (10) days of substantial completion unless Ferguson receives a notice of non-conformity from the County articulating the nature of the non- conformities. Upon receipt of non-conformity, Ferguson shall use commercially reasonable efforts to correct the issue as soon as practicable. The modified System will then be retested in the same manner as described above. 8. Warranties. All warranties are those of the manufacturer. The warranty period shall be defined by the warranty for each product listed on Exhibit C, Manufacturer Warranty. 9. Reuse of Meter Bases and Registers. When the County returns a Meter, Encoder Register, and Hot Rod Module to Ferguson for repair or replacement, Ferguson agrees that they may reuse the Meter base and return it to the County; however, they will not reuse the Encoder Register or the Hot Rod Module. If the register or radio is not covered under warranty, the County will be charged according to the warranty terms or according to the price listed in Exhibit B. Ferguson reserves the right to reuse meter bases if they are in good working order. However, Ferguson shall not reuse Encoder Registers or Hot Rod Modules. 10.0n-Site Meter Inventory. Ferguson agrees to maintain a minimum Meter inventory on- site at the County. The minimum Meter inventory is as follows: 1,000 %"meters 100 1"meters 150 1 '/2"meters 200 2"meters Page 11 of 16 Packet Page-208- CA 9/10/2013 11.E. Ferguson shall be responsible for tracking the on-site inventory quantities and issuing restocking orders to maintain the minimum quantities. If the inventory for any of the meter sizes listed above reaches zero (0), Ferguson shall immediately replenish the inventory for that size meter to the minimum at a ten percent (10%) discount to the price of the meters. 11.Correction of Errors. 11.1. Mission Critical Processes. The following processes shall be considered mission critical ("Mission Critical") when determining the priority of System incidents: - The ability to import route and book information from the County's system into the Software - The ability to obtain AMR meter readings - The ability to export meter reads from the Software in the required format 11.2. Service Level. Ferguson shall respond to any notice from the County of a Mission Critical incident in the Software or Hardware within two (2) hours after Ferguson receives said notice. Ferguson shall correct any Mission Critical incidents in the Software or Hardware within twenty-four (24) consecutive clock hours after notification of the error. If a Mission Critical incident remains unresolved for more than twenty-four (24) consecutive clock hours from the time Ferguson receives notice of the Mission Critical incident, Ferguson shall immediately escalate the incident and assign technical resources to work expeditiously to correct the incident. The technical resources assigned to correct the incident shall be experienced in supporting the System. If the Mission Critical incident remains unresolved for forty-eight (48) consecutive clock hours, Ferguson will dispatch higher level technical resources to the County's location to correct the incident. If a Ferguson support person is dispatched to the County to correct a Mission Critical incident it shall be at Ferguson's expense. If a Mission Critical incident is caused by an error that is unrelated to the System, Ferguson shall not be required to correct the Mission Critical incident within the timeframes defined in this section. 12. Maintenance Services. By rendering the Maintenance Services, Ferguson shall correct all Errors, regardless of how such Errors are brought to the attention of Ferguson, in accordance with this Agreement. During the term of this Agreement, Ferguson shall provide the following types of Maintenance Services: 12.1 Telephone Support. Ferguson telephone support representative(s) shall be available to receive telephone calls from the County between the hours of 8:00 a.m. and 5:00 p.m., eastern time, Monday through Friday, excluding public holidays. Ferguson shall provide County with a telephone number that is answered at all other times by an individual who will accept Error Reports. Such telephone support representative(s) shall serve as the County's interface ("Level 1") with Ferguson and shall ensure that reported Errors are handled in a timely manner as specified in Section 11.2. Ferguson shall provide to County in writing, the name(s) and telephone number(s) of such telephone support representative(s) within ten (10) days of the later of the execution of this Agreement or the acceptance of the System by County. All Errors shall be investigated. If the Error relates to the System or is directly caused by the System, (a) an Error Report shall be opened, (b) the Error shall be assigned a Severity Level and Page 12 of 16 Packet Page-209- G�' 9/10/2013 11 .E. resolved in accordance with the procedures and processes set forth in 11.2 or as soon as practicable. 12.2 Error Resolution and Updates. Ferguson shall use commercially reasonable efforts to correct errors and provide assistance with update installation as necessary to resolve issues to ensure that the System operates in accordance with the written documentation provided to the County. 12.3 Upgrades. Ferguson shall provide to County, as soon as they are made available, such Upgrades as it provides to the users for the System from time to time. 12.4 Other System Products. Ferguson shall provide to County, at no additional cost, any System Products relating to the System made generally available to other System users without charge. Any System Products so made available at a given cost to the other System users shall be offered to County at Ferguson's then-existing rates. 12.5 Intellectual Property Rights. Title to all Updates and Upgrades shall remain solely and exclusively with Ferguson. It is hereby acknowledged and agreed that the former shall be deemed to constitute System for purposes of the application of the System License Agreement. 13. Out of Scope Problems 13.1. Incidental service not included in the scope shall be invoiced and paid with a separate purchase order. These services may include locating a meter box when maps or charts provided are erroneous. However, Ferguson shall notify and provide an estimate to the County and await written direction by the County on how to proceed. 13.2. Any travel and expenses incurred in conjunction with out of scope maintenance and support shall be billed to County at Ferguson's actual costs, provided all such travel and expenses shall be approved by County in advance. 13.3 Changes to the County's CIS. The County may elect, after Live Processing and Acceptance has occurred, to make any upgrades, modifications, changes, or replacements to its CIS or other billing system. However, the County agrees any System Errors or"coding changes" required due to changes in the County's CIS are not the fault of the System and Ferguson may charge any reasonable fees necessary to conduct the "coding changes" or "interface changes" needed to return the System to operational Acceptance. 14. Annual Software Maintenance Fee. Ferguson shall make Software Maintenance Service available for the annual fee of two thousand five hundred dollars ($2,500.00), (hereinafter "Software Maintenance Fee"). Ferguson will establish a point of contact with Mueller Meter Company within seven (7) days of signed contract. The Software Maintenance Fee shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made, in writing, to the Purchasing Director and must be based upon increased costs to the vendor only. Verification of these increases shall be furnished to the Purchasing Director with the written request for increase. Any Page 13 of 16 Packet Page-210- CA 9/10/2013 11.E. upward price adjustment approved by the County shall impose upon the vendor the requirement to advise and extend credit to the County when costs similarly decrease. The County shall receive Software Maintenance Service for twelve (12) months after Live Processing on the Software at no charge to the County. Each subsequent year, the County shall pay Ferguson the Software Maintenance Fee for Software Maintenance Service on the first day ("Anniversary Date") the Software Maintenance Service is in effect for the Software. The County may elect to have the Software Maintenance Fee due on September 1 each year that the Software Maintenance Service is in effect. If the County elects to have the Software Maintenance Fee due on September 1, in the year that the County elects to change the due date to September 1 the Software Maintenance Fee shall be prorated from the Anniversary Date to September 1. Thereafter, the full amount of the Software Maintenance Fee shall be payable on September 1. The County may elect to install and operate the Software on multiple computer systems. The Software Maintenance Service provided by Ferguson shall cover all instances of the Software installed on the County's computer systems for the cost of the Software Maintenance Fee per instance. 15. Modifications in Updates, Revisions, Releases and New Versions. All future updates, revisions, releases or new versions of the Software as provided by Ferguson shall not affect any modifications, including the interfaces to the County's system, that have been performed by Ferguson for the County. If the installation of a future update, revision, release or new version of the Software causes a modification, or interface to not perform as originally written or as defined in the specification for the modification or interface, Ferguson shall, within seven (7) business days of notification from the County and at no charge to the County, correct the modification or interface so it functions as originally written or as defined in the specification. 16. Force Maieure. Ferguson will make a good faith effort to complete delivery of the products as indicated by Ferguson in writing, but Ferguson assumes no responsibility or liability and will accept no backcharge for loss or damage due to delay or inability to deliver, caused by acts of God, war, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind whatever beyond the control of Ferguson. Under no circumstances shall Ferguson be liable for any special, consequential, incidental, or indirect damages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay. Page 14 of 16 Packet Page-211- CP 9/10/2013 11 .E. Exhibit B 12-5968 Automatic Meter Reading System Price List SP-MV0HS29294 3/4"442,SI,BB,SG,TRL6,HPHR EA 205.80 SP-MVOKS29294 1"452,SI,BB,SG,TRL6,I-HPHR EA 220.50 SP-MQ9NS20394 1-1/2"MVR100,NSF,FEM,STD,SG,TRL6 EA 308.70 SP-MQ9PS20394 2"MVR160,NSF,FEM,STD,SG,TRL6 EA 406.70 SP-MWONN29194 1-1/2"562DI,NYL,SG,TRL6,1-HRHP EA 308.70 SP-MWOPN29194 2"572 NYL,DI,SG,TRL6,INTHRHP EA 406.70 SP-MIAEZMAINT-SW5 ANNUAL MAINTENANCE(50001-100000) EA 2500.00 SP-MAHRMOBILE-KIT HOT ROD MOBILE AMR KIT* EA 8000.00 SP-MAHRMAINTSTREE 'ANNUAL STREET MACHINE MAINTENANCE EA 1000.00 SP-MAHRSTREET-KIT STREET MACHINE KIT EA 4400.00 SP-METER-TEST-SM 3/4"METER TESTING EA 60.00 SP-METER-TEST-SMG 1"METER TESTING EA 60.00 SP-METER-TEST-MED 1-1/2"METER TESTING EA 115.00 SP-METER-TEST-MEDK 2"METER TESTING EA 115.00 SP-MD35PDC/D REPLACEMENT TRANSLATOR REGISTER EA 140.00 22%OFF CURRENT LIST PRICE PARTS LIST FOR ALL METERS AND AMR PARTS *Startup cost includes: • (1) Street Machine Mobile Receiver,Vehicle Antenna, all necessary cables • (1) Pit Stop Diagnostic Handheld • EZ Reader Route Management Software • EZ Mobile Collection Software • Microsoft MapPoint • EZ Profiler Data Logging Software • (3) days of on-site training for County personnel provided by Mueller System Implementation Specialist • MVRS Interface Note: • Annual Maintenance Agreement is per Street Machine • Annual Maintenance and Licensing Agreements will be billed directly to the County by Mueller Systems Page 15 of 16 Packet Page-212- GQ' 9/10/2013 11 .E. Exhibit C 12-5968 Automatic Meter Reading System Manufacturer Warranty Software and Equipment 1.AMR/AM1 Products': Software-M,.Host. M,.Data, EZReader and other software products are covered by a one (I)year warranty on material and workmanship and shall perform substantially as described with Provider then current Documentation, Hardware-Mi.Node electric(Smart Meter),Mi.Hub-Data Collector,Street Machine RF Receiver, PitStop handheld receivers,TRuReadrm remotes, laptops PC's. Server Hardware and all other peripheral electronic products are covered by a one (1) year warranty on material and workmanship. Radio Module s -1v1.Nzi WILTA.taJic at11-it.RIP Modules are covered by a ten (10) year warranty on material and workmanship. Additionally, Mi.Node Water Modules and Hot kodt"c Modules are covered by a prorated warranty for years eleven(I 11 through fifteen(15)at a fifty-percent(50%)discount, years sixteen(16)through twenty(20)at a twenty-five-percent(25%)discount Mi.Hydrant Transceivers and model 420RDM(Remote Disconnect Valve)are covered by a five(5)year warranty on material and workmanship. Additionally,the unit is covered by a prorated warranty for years six(6)through ten(10)at a fifty-percent(50%)discount. All prorated warranty credit listed will apply to list pricing in effect at the time of the return. Encoder Register Products-Hersey TranslatorT"'Encoder registers,Wall Pads and Pit Pads are covered by a ten(10)year warranty on material and workmanship.Additionally,the complete unit is covered by a prorated warranty tier years eleven(1 1)through fifteen(I 5)at a fifty-percent (50%)discount.years sixteen(16)through twenty(20)at a twenty-five-percent(25%)discount The prorated warranty credit listed will apply to list pricing in effect at the time of the return. 2.Water Metering Products: Models 400,500, MVR, RFM,FM3, HM,and HbMag cold-water meters and detector check models.EDCIV are covered against defects in material and workmanship for a period of one(I)year front the date of installation. Maincases for the alxwe listed meters are guaranteed to be free from defects in material and workmanship for a period of twenty-five(25)years from the date of installation. Standard Registers for the above listed meters are guaranteed to be free from defects in material and workmanship for a period of fifteen t 151 years from the date of installation. Models 400 and 500 meters are guaranteed to perform to AWWA new meter accuracy standard as defined in the most current revision for a period of five(5)years from the date of installation. Models MVR, RFM, FM3,HM and HbMag meters are guaranteed to perform to AWWA new meter accuracy standard as defined in the most current revision for a period of one(I)year from the date of installation. Models 400 and 500 meters are guaranteed to perform to AWWA repaired meter accuracy standards for the following time periods: 5/8"-Fifteen(15)years from the date of installation,or the registration of 1,750,0(X)U.S.pllons, whichever comes first: 3/4"-Fi(feast(15)years them the rL'le of installation.or the regsnatiat of 2.000,000 U.S.gallons,whk*ess3'corms first 1"-Fifteen(15)years from the date of installation,or the registration of 3.000,00011.S.gallons,whichever comes first; 1-1/2"-Fifteen(15)years from the date of installation,or the registration of 5.500.000 U.S.gallons,whichever comes first:; 2"-Fifteen(15)years from the date of installation,or the registration of 8,500,000 U.S.gallons, whichever comes first. If the above listed meters do not perform as specified, Provider will repair or replace them,at Provider's option.subject to the following: a) Provider shall be determined to not be performing as guaranteed if it fails to pass an accuracy test,conducted by the customer according to AWWA standards. If the meter is inoperative because of foreign material,all such material must be removed prior to testing. A copy of the customer's test results must accompany the Hersey meter being returned. If the customer chooses not to test a Hersey meter before returning it, Provider will repair or replace the meter at Provider's option after the meter has been tested by Provider. When test is conducted by Provider, the customer will be charged a reasonable testing fee.]) Unless otherwise expressly stated herein, all warranty terms are provided in accordance with the effective date of this Agreement Page 16 of 16 Packet Page-213- 9/10/2013 11.E. Aew REQUEST FOR PROPOSAL Co*er County Administrative Services Division Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation 12-5968 Automatic Meter Reading Systems Nicole Parker, Procurement Strategist 239-252-4270 (Telephone) 239-252-6549 (Fax) nicoleparker @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. 0 •3327 Taman;,Irar1 East•Naples.Finaa 34112-4W1•wwx au,rualpurctlasu Aliiiiii Packet Page -214- 9/10/2013 11 .E. Table of Contents LEGAL NOTICE 3 EXHIBIT!:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II:GENERAL RFP INSTRUCTIONS 12 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 16 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 20 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 28 ATTACHMENT 2:VENDOR CHECK LIST 29 ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 30 ATTACHMENT 4:VENDOR DECLARATION STATEMENT 31 ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 33 ATTACHMENT 6:IMMIGRATION AFFIDAVIT CERTIFICATION 34 ATTACHMENT 7:VENDOR SUBSTITUTE W-9 35 ATTACHMENT 8:INSURANCE AND BONDING REQUIREMENTS 36 ATTACHMENT 9:REFERENCE QUESTIONNAIRE 39 12-5968 Automatic Meter Reading System 2 Packet Page-215- 9/10/2013 11.E. Corier County Adranistrative Services Division Purchasing Legal Notice Sealed Proposals to provide Automatic Meter Reading Service will be received until 3:00 PM. Naples local time, on February 19, 2013 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E. Naples, FL 34112. Solicitation #12-5968 Automatic Meter Reading Systems The Public Utilities Division is seeking the services of one (1) Primary vendor licensed in the State of Florida, to provide complete automatic meter reading system and support. A non-mandatory pre-proposal conference will be held on February 1, 2013, commencing promptly at 3:00 PM., and will be held at the Public Utilities Operations Center located at 4370 Mercantile Avenue, Naples, FL 34112. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department E-Procurement website: www.collierdov.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 Interim Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.collierdov.net/purchasino and in the Lobby of Purchasing Building "G", Collier County Government Center on January 18, 2013. r r ucssam De 'ren,-330'.Tam ami 1 rai cart•Naves Florida 34112•www.adiiengov:neimurcnal'unq gip, 12-5968 Automatic Meter Reading System 3 Packet Page-216- ,emu , t 9/10/2013 11.E. 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 firms in accordance with the terms, conditions and specifications stated or attached. This contract may be available for use by all County Departments. Brief Description of Purchase It is the Division's desire to select a single primary meter vendor whose proposed solution represents that of a single manufacturer. Please clearly state the proposed system's compliance with this requirement in the technical overview. Historically, County departments have spent approximately $2,000,000. Background The Division has installed approximately 55,000 potable and irrigation quality meters from 3/4' to 2". The meters are currently being replaced at a rate of approximately three hundred (300) per month; an additional one hundred (100) per month are required for new service connections to the system. Detailed Scope of Work Collier County desires to procure and standardize an Automatic Meter Reading System (AMR) to read the County's water meters. The system may include, but not be limited to the purchase of mobile and hand held reading equipment, pit mounted wireless transmitter modules, and absolute encoder register meters. This Specification describes the functional and operational requirements for the System. At a minimum, any proposed AMR solution must have the same or better functionality as the existing system. 1. It is required that the software application will operate on the County's standard hardware and software environment. 2. Collier County specifically does not want to procure hardware as a part of the Request for Proposal. It is the desire of the County to use its current standard equipment. Collier County will post current county standard workstation descriptions on colliergov.net 3. The handheld computer system that is proposed must be able to fully interface to the County's standard computer equipment. 4. All software that is proposed must comply with the County's Technical Architecture and Compatibility Standards. This document also specifies that the proposed AMR reading system will be compatible with the County's existing billing system, without requiring any modifications. A. System Description The AMR system must communicate meter reading and tamper information between meters equipped with AMR devices and the County's Data Collections Devices without the need to gain physical access to the customer's residential or commercial premises. The system must utilize wireless communication technology. 12-5968 Automatic Meter Reading System 4 Packet Page-217- 9/10/2013 11.E. The AMR system must be certified by the Federal Communication Commission (FCC) and meet the FCC's established technical standards. The AMR system components shall consist of a mechanical absolute encoder register and wireless radio transmitter module, data collection devices (both mobile and hand held versions), meter reading software compatible with the County's existing billing system, and if needed, installation tools and software. • The AMR Meter Module must be capable of installation on new water meters equipped with encoded registers. • The AMR equipped meter must mechanically encode and transmit its data, including but not limited to its actual reading and any tamper/missed reading conditions. The proposed software must be fully compatible with the County's existing MVRS software and billing system. • The AMR Meter Module must transmit in the 900 MHz frequency band and shall fall within FCC Part 15 rules and guidelines. • If required, an Installation Programmer (handheld computer) must be supplied to allow installation and meter shop personnel to initialize AMR Meter Modules during the installation process by bi-directional RF communications. • A computer based work order oriented application must be available which supports the AMR Meter Module Installation process by (1) organizing installation data by route, (2) supporting installation scheduling, and (3) matching AMR Meter Modules with customer account numbers so the two are linked for billing purposes. • The AMR System must have security features to prevent unauthorized reprogramming of the Modules after installation. • If the AMR system being proposed is able to be converted to a fixed network radio system please notes that in your proposal. B. AMR Meter Module Requirements 1. Physical Requirements • The AMR Meter Module must allow for continuous visual reading of the encoder register. The absolute encoder register and transmitter shall be totally sealed to prevent failure due to flooded pit conditions. The encoder register shall include a center sweep hand and a leak indicator as found on standard registers allowing for ease of visual reads and leak verification. • Meter shall have an IP 68 Rating to prevent water and moisture from entering register. • The AMR Meter Module housing must be resistant to breakage under normal operating conditions. • The AMR Remote or Integral Meter Module must be unobtrusive when installed. 12-5968 Automatic Meter Reading System 5 Packet Page-218- 9/10/2013 11 .E. 2. Installation • The AMR Meter Modules must be wireless/no exposed wires from meter to radio transmitter and capable of being mounted on the meter register. • The AMR Meter Module must be capable of being pre-installed on new meters in the County's meter shop for indoor applications. • The AMR Meter Module must be capable of being programmed (initialized) upon installation to match the current consumption reading of the meter register. • Extended cable lengths for connecting the AMR Meter Module to electronic meter register must be available for pit/vault and/or remote installations. 3. Operating Environment • The AMR Meter Module must operate continuously within an operating temperature range of-22 deg, to +158 deg. F (-30 deg. to +70 deg. C). • The AMR Meter Module must operate continuously within a 100% humidity environment for pit/vault applications. Currently over 10% of meter boxes remain under water for the majority of the year, with over 40% of boxes being flooded for a period of the year annually. 4. Tamper Resistance • Tamper seals and other features must be included in order to prevent customer tampering of the AMR Meter Module. 5. AMR Meter Module Identification • The AMR Meter Module must be clearly labeled so that the Module identification number is readily visible. • The AMR Meter Module label must include the date of manufacture of the unit. • The AMR Meter Module label must include a bar code which includes the Module identification number to permit bar code scanning during or after the installation process. • The AMR Meter Module label must clearly state all regulatory certifications. 6. Functional Requirements • The AMR Meter Module must have a permanently assigned unique serial number assigned at the AMR System factory for warranty management. Department desires to receive meters in serialized numbering sequence. • Reading software should demonstrate on a GIS based mapping system which meters have been missed while reading a route. • Meter must be able to be data logged with data available every five (5) minutes to determine time of day of usage. 12-5968 Automatic Meter Reading System 6 Packet Page-219- 9/10/2013 11 .E. • The AMR Meter Module identification code (ID) must be a minimum of six (6) digits to ensure the availability of an individual code for each of the County's management. • The AMR Meter Module identification code must be transmitted each time a transmission is made from the Module to a Data Collection Device. • The AMR Meter Module must be programmable with a three (3) digit utility identification code. • The AMR Meter Module must be compatible with meter registers measuring water consumption in gallons. • The AMR Meter Module must be compatible with meter registers which represent the customer billing units with four(4), five (5), or six (6) digits to support a full range of residential, commercial, and industrial applications. • The AMR Meter Module must be capable of reporting a seven (7) digit encoded meter reading. • The AMR Meter Module must transmit the meter reading each time a transmission is made. • The AMR Meter Module must be capable of detecting a cut of the cable connecting the encoder device to the AMR Meter Module. • The AMR Meter Module must accurately deal with a meter register rollover condition. • The AMR Meter Module must be capable of generating a tamper indicator when the Module is moved significantly after installation. • The AMR Meter Module must transmit tamper indicators each time a transmission is made. • The AMR Meter Module must transmit a message preamble and a cyclical redundancy check (CRC) in each transmitted —message to permit data collection devices to ensure the integrity of the message received from the Module. 7. Interface Requirements • The County currently produces a download file in MVRS format from the existing CIS for the route management systems. It is desired that the selected vendor shall be able to utilize this or a similar type upload/download file format. Sample files may be made available upon request. Please include a sample of the file format utilized by your meter reading system. • Once in the route management software, the meter-reading route shall be downloaded into collection devices used for collecting the meter readings via radio frequency signal. 8. Warranty • The AMR Meter Module and absolute encoder register shall be under warranty for a minimum warranty period of ten (10) years from the date of purchase. 12-5968 Automatic Meter Reading System 7 Packet Page-220- 9/10/2013 11.E. • The battery must be warranted for a minimum period of ten (10) years from the date of delivery to Collier County. • Vendor must provide reading software, patches, and updates on a regular basis as part of the annual maintenance package. Term of Contract The anticipated contract term will be for the period of three (3) years. Additionally, by mutual agreement and funding availability, the contract may be renewed for one (1) additional three (3) year term. In no event, including renewal options, shall the contract exceed six (6) years. 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 Purchasing 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. Issue Solicitation Notice January 18, 2013 Last Date for Receipt of Written Questions February 8, 2013, 3:00 PM, Naples Local Time Non-mandatory pre-solicitation meeting February 1, 2013, 3:00 PM, Naples Local Time and Locations Solicitation Deadline Date and Time February 19, 2013, 3:00 PM, Naples Local Time 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. 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 12-5968 Automatic Meter Reading System 8 Packet Page-221- 9/10/2013 11 .E. 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 Alitk 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. 1) Tab I, Project Approach and Understanding (Maximum 30 Points; Page Limit: 15) The Proposer, at a minimum, must achieve the requirements of the Scope of Services stated herein. Please provide: • A detailed technical overview of the proposed AMR system including the operation, features, support and benefits which the Division will find to be of value. • Any capabilities, including those not specifically required that will provide the Division with a clear understanding of the overall value of the proposed system. The project approach should be clearly written, contain pictures and screen shots where necessary, and provide a clear understanding of the operational features of the system. • Data sheets on all proposed items should be included in the submittal. 2) Tab II, References (Maximum 20 Points) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A(or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor ABC 445 20 Vendor DEF 435 19.6 Vendor GHI 425 19.1 Vendor JKL 385 17.3 Vendor MNO 385 17.3 Vendor PQR 250 11.2 12-5968 Automatic Meter Reading System 9 Packet Page-222- 9/10/2013 11.E. The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 3) Tab III, Past Projects (Maximum 15 Points) Rating will be based on proposers submitted list of all projects completed for the last three (3) years. Additional points will be awarded for projects that are for utility applications in Florida and projects that are larger than ten thousand (10,000) installations completed. 4) Tab IV, Warranty (Maximum 5 Points) The County expects the following warranties to be provided: • The AMR Meter Module and absolute encoder register shall be under warranty for a minimum warranty period of ten (10) years from the date of purchase. • The battery must be warranted for a minimum period of ten (10) years from the date of delivery to Collier County. Proposers shall submit: • A complete list of all warranties and equipment. • Method of returning damaged equipment. • Timeline for return of new product in its place. • If the warranty does not involve replacing the entire meter assembly when one component only is defective, the warranty information should include costs to replace damaged components of the meter. 5)Tab V, Price (Maximum 20 Points) Include in proposal: • A complete price list for all four (4) sizes of Meters listed in the proposal. 3/4" Meter $ 1" Meter $ 1-1/2" Meter $ 2" Meter $ TOTAL: $ (possible 15 points awarded) • A list of Initial Costs, including startup costs, annual maintenance and annual licensing. Startup Costs $ Annual Maintenance $ Annual Licensing $ TOTAL: $ (possible 5 points awarded) Award of points will be based on total price for all four (4) meters for a possible award maximum of 15 points and the other 5 points will be based upon the startup costs, annual maintenance and annual licensing. 12-5968 Automatic Meter Reading System 10 Packet Page-223- 9/10/2013 11 .E. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to Amork each vendor's Meter TOTAL Costs provided in this area: • The County shall total the proposer's Meter Costs and create a ranking from lowest TOTAL to highest TOTAL. Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the lowest TOTAL. • The lowest proposer's TOTAL will be divided by the next lowest proposer's TOTAL which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's Initial Startup TOTAL Costs provided in this area: • The County shall total the proposer's Initial Startup Costs and create a ranking from lowest TOTAL to highest TOTAL. Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the lowest TOTAL. • The lowest proposer's TOTAL will be divided by the next lowest proposer's TOTAL which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 6) Tab VI, 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 the 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 proposer 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. 7) Tab VII, 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 • Attachment 9: Reference Questionnaire 12-5968 Automatic Meter Reading System 11 Packet Page-224- 9/10/2013 11.E. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department E-Procurement website: www.collieroov.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 E- Procurement 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 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 February 19, 2013 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Nicole Parker, Procurement Strategist 12-5968 Automatic Meter Reading System 12 Packet Page-225- 9/10/2013 11 .E. The County shall 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 Vendor's personnel or by the Vendor's outside carrier. However, the Purchasing/General Services Director, or designee, shall reserve 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 shall 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. Vendors must submit one (1) paper copy clearly labeled "Master," and six (6) 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 87-25, and Collier County Resolution Number 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 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 and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings shall be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 5. The committee members shall 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 shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of ,4 all subsequent meetings. 12-5968 Automatic Meter Reading System 13 Packet Page-226- 9/10/2013 11 .E. 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 site visits, and obtain guidance from third party subject matter experts. The final 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. Grading Criteria Points Project Approach and Understanding 30 References 20 Past Projects 15 Warranty 5 Price 20 Local Vendor Preference 10 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 12-5968 Automatic Meter Reading System 14 Packet Page-227- 9/10/2013 11 .E. 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. 12-5968 Automatic Meter Reading System 15 Packet Page-228- 9/10/2013 11.E. Exhibit Ill: Collier County Purchase Order Terms and Conditions 1. Offer remainder of the Purchase Order if This offer is subject to cancellation by goods and/or services provided early in the COUNTY without notice if not the term of the Purchase Order are accepted by VENDOR within fourteen non-conforming or otherwise rejected by (14) days of issuance. the COUNTY. 4. Shipping and Invoices 2. Acceptance and Confirmation a) All goods are FOB destination and This Purchase Order (including all must be suitably packed and documents attached to or referenced prepared to secure the lowest therein) constitutes the entire transportation rates and to comply agreement between the parties, unless with all carrier regulations. Risk of otherwise specifically noted by the loss of any goods sold hereunder COUNTY on the face of this Purchase shall transfer to the COUNTY at the Order. Each delivery of goods and/or time and place of delivery; provided services received by the COUNTY from that risk of loss prior to actual receipt VENDOR shall be deemed to be upon of the goods by the COUNTY the terms and conditions contained in nonetheless remain with VENDOR. this Purchase Order. b) No charges will be paid by the COUNTY for packing, crating or No additional terms may be added and cartage unless otherwise specifically Purchase Order may not be changed stated in this Purchase Order. except by written instrument executed Unless otherwise provided in by the COUNTY. VENDOR is deemed Purchase Order, no invoices shall be to be on notice that the COUNTY issued nor payments made prior to objects to any additional or different delivery. Unless freight and other terms and conditions contained in any charges are itemized, any discount acknowledgment, invoice or other will be taken on the full amount of communication from VENDOR, invoice. notwithstanding the COUNTY'S c) All shipments of goods scheduled on acceptance or payment for any delivery the same day via the same route of goods and/or services, or any similar must be consolidated. Each act by VENDOR. shipping container must be consecutively numbered and marked 3. Inspection to show this Purchase Order All goods and/or services delivered number. The container and hereunder shall be received subject to Purchase Order numbers must be the COUNTY'S inspection and approval indicated on bill of lading. Packing and payment therefore shall not slips must show Purchase Order constitute acceptance. All payments are number and must be included on subject to adjustment for shortage or each package of less than container rejection. All defective or load (LCL) shipments and/or with nonconforming goods will be returned each car load of equipment. The pursuant to VENDOR'S instruction at COUNTY reserves the right to VENDOR'S expense. refuse or return any shipment or equipment at VENDOR'S expense To the extent that a purchase order that is not marked with Purchase requires a series of performances by Order numbers. VENDOR agrees VENDOR, the COUNTY prospectively to declare to the carrier the value of reserves the right to cancel the entire any shipment made under this 12-5968 Automatic Meter Reading System 16 Packet Page-229- 9/10/2013 11 .E. Ask Purchase Order and the full invoice Notwithstanding the foregoing, value of such shipment. VENDOR has an affirmative obligation d) All invoices must contain the to give notice if the changes will Purchase Order number and any decrease costs. Any claims for other specific information as adjustment by VENDOR must be made identified on the Purchase Order. within thirty (30) days from the date the Discounts of prompt payment will be change is ordered or within such computed from the date of receipt of additional period of time as may be goods or from date of receipt of agreed upon by the parties. invoices, whichever is later. Payment will be made upon receipt 7. Warranties of a proper invoice and in VENDOR expressly warrants that the compliance with Chapter 218, Fla. goods and/or services covered by this Stats., otherwise known as the Purchase Order will conform to the "Local Government Prompt Payment specifications, drawings, samples or Act," and, pursuant to the Board of other descriptions furnished or specified County Commissioners Purchasing by the COUNTY, and will be of Policy. satisfactory material and quality production, free from defects and 5. Time Is Of the Essence sufficient for the purpose intended. Time for delivery of goods or Goods shall be delivered free from any performance of services under this security interest or other lien, Purchase Order is of the essence. encumbrance or claim of any third party. Failure of VENDOR to meet delivery These warranties shall survive schedules or deliver within a reasonable inspection, acceptance, passage of title ,. time, as interpreted by the COUNTY in and payment by the COUNTY. its sole judgment, shall entitle the COUNTY to seek all remedies available 8. Statutory Conformity to it at law or in equity. VENDOR Goods and services provided pursuant agrees to reimburse the COUNTY for to this Purchase Order, and their any expenses incurred in enforcing its production and transportation shall rights. VENDOR further agrees that conform to all applicable laws, including undiscovered delivery of nonconforming but not limited to the Occupational goods and/or services is not a waiver of Health and Safety Act, the Federal the COUNTY'S right to insist upon Transportation Act and the Fair Labor further compliance with all Standards Act, as well as any law or specifications. regulation noted on the face of the Purchase Order. 6. Changes The COUNTY may at any time and by 9. Advertising written notice make changes to No VENDOR providing goods and drawings and specifications, shipping services to the COUNTY shall advertise instructions, quantities and delivery the fact that it has contracted with the schedules within the general scope of COUNTY for goods and/or services, or this Purchase Order. Should any such appropriate or make use of the change increase or decrease the cost COUNTY'S name or other identifying of, or the time required for performance marks or property without the prior of the Purchase Order, an equitable written consent of the COUNTY'S adjustment in the price and/or delivery Purchasing Department. schedule will be negotiated by the .... COUNTY and VENDOR. 12-5968 Automatic Meter Reading System 17 Packet Page-230- 9/10/2013 11.E. 10. Indemnification 12. Insurance Requirements VENDOR shall indemnify and hold The VENDOR, at its sole expense, shall harmless the COUNTY from any and all provide commercial insurance of such claims, including claims of negligence, type and with such terms and limits as costs and expenses, including but not may be reasonably associated with the limited to attorneys' fees, arising from, Purchase Order. Providing and caused by or related to the injury or maintaining adequate insurance death of any person (including but not coverage is a material obligation of the limited to employees and agents of VENDOR. All insurance policies shall VENDOR in the performance of their be executed through insurers authorized duties or otherwise), or damage to or eligible to write policies in the State of property (including property of the Florida. COUNTY or other persons), which arise out of or are incident to the goods 13. Compliance with Laws and/or services to be provided In fulfilling the terms of this Purchase hereunder. Order, VENDOR agrees that it will comply with all federal, state, and local 11. Warranty of Non-Infringement laws, rules, codes, and ordinances that VENDOR represents and warrants that are applicable to the conduct of its all goods sold or services performed business. By way of non-exhaustive under this Purchase Order are: a) in example, this shall include the American compliance with applicable laws; b) do with Disabilities Act and all prohibitions not infringe any patent, trademark, against discrimination on the basis of copyright or trade secret; and c) do not race, religion, sex creed, national origin, constitute unfair competition. handicap, marital status, or veterans' status. Further, VENDOR VENDOR shall indemnify and hold acknowledges and without exception or harmless the COUNTY from and against stipulation shall be fully responsible for any and all claims, including claims of complying with the provisions of the negligence, costs and expense, Immigration Reform and Control Act of including but not limited to attorneys' 1986 as located at 8 U.S.C. 1324, et fees, which arise from any claim, suit or seq. and regulations relating thereto, as proceeding alleging that the COUNTY'S either may be amended. Failure by the use of the goods and/or services awarded firm(s) to comply with the laws provided under this Purchase Order are referenced herein shall constitute a inconsistent with VENDOR'S breach of the award agreement and the representations and warranties in County shall have the discretion to section 11 (a). unilaterally terminate said agreement immediately. Any breach of this If any claim which arises from provision may be regarded by the VENDOR'S breach of section 11 (a) has COUNTY as a material and substantial occurred, or is likely to occur, VENDOR breach of the contract arising from this may, at the COUNTY'S option, procure Purchase Order. for the COUNTY the right to continue using the goods or services, or replace 14. Force Majeure or modify the goods or services so that Neither the COUNTY nor VENDOR they become non-infringing, (without shall be responsible for any delay or any material degradation in failure in performance resulting from any performance, quality, functionality or cause beyond their control, including, additional cost to the COUNTY). but without limitation to war, strikes, civil disturbances and acts of nature. When 12-5968 Automatic Meter Reading System 18 Packet Page-231- 9/10/2013 11 .E. VENDOR has knowledge of any actual Florida. The venue for any action or potential force majeure or other brought to specifically enforce any of conditions which will delay or threatens the terms and conditions of this to delay timely performance of this Purchase Order shall be the Purchase Order, VENDOR shall Twentieth Judicial Circuit in and for immediately give notice thereof, Collier County, Florida including all relevant information with b) Failure of the COUNTY to act respects to what steps VENDOR is immediately in response to a breach taking to complete delivery of the goods of this Purchase Order by VENDOR and/or services to the COUNTY. shall not constitute a waiver of breach. Waiver of the COUNTY by 15. Assignment any default by VENDOR hereunder VENDOR may not assign this Purchase shall not be deemed a waiver of any Order, nor any money due or to become subsequent default by VENDOR. due without the prior written consent of c) All notices under this Purchase the COUNTY. Any assignment made Order shall be sent to the respective without such consent shall be deemed addresses on the face page by void. certified mail, return receipt requested, by overnight courier 16. Taxes service, or by personal delivery and Goods and services procured subject to will be deemed effective upon this Purchase Order are exempt from receipt. Postage, delivery and other Florida sales and use tax on real charges shall be paid by the sender. property, transient rental property A party may change its address for rented, tangible personal purchased or notice by written notice complying rented, or services purchased (Florida with the requirements of this section. Statutes, Chapter 212), and from federal d) The Vendor agrees to excise tax. reimbursement of any travel expenses that may be associated 17. Annual Appropriations with this Purchase Order in The COUNTY'S performance and accordance with Florida Statute obligation to pay under this Purchase Chapter 112.061, Per Diem and Order shall be contingent upon an Travel Expenses for Public Officers, annual appropriation of funds. employees and authorized persons. e) In the event of any conflict between 18. Termination or among the terms of any Contract This Purchase Order may be terminated Documents related to this Purchase at any time by the COUNTY upon 30 Order, the terms of the Contract days prior written notice to the Documents shall take precedence VENDOR. This Purchase Order may be over the terms of the Purchase terminated immediately by the COUNTY Order. To the extent any terms and for breach by VENDOR of the terms and /or conditions of this Purchase Order conditions of this Purchase Order, duplicate or overlap the Terms and provided that COUNTY has provided Conditions of the Contract VENDOR with notice of such breach Documents, the provisions of the and VENDOR has failed to cure within Terms and/or Conditions that are 10 days of receipt of such notice. most favorable to the County and/or provide the greatest protection to the 19. General County shall govern. a) This Purchase Order shall be governed by the laws of the State of 12-5968 Automatic Meter Reading System 19 Packet Page-232- 9/10/2013 11.E. 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 Packet Page-233- 9/10/2013 11 .E. hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 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 ffiyq compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for N/A% 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 12-5968 Automatic Meter Reading System 21 Packet Page-234- 9/10/2013 11 .E. 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. 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: bccapclerk(cr�collierclerk.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 shall 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 must 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 12-5968 Automatic Meter Reading System 22 Packet Page-235- 9/10/2013 11 .E. 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 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. 12-5968 Automatic Meter Reading System 23 Packet Page-236- 9/10/2013 11.E. 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. 13. Lobbying 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 Purchasing 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. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.orq/search.html). A copy of the document shall 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. 15. 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. 16. Survivability Purchase Orders: The Consultant/ContractorNendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation #12-5968 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order, 12-5968 Automatic Meter Reading System 24 Packet Page-237- 9/10/2013 11.E. 17. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. 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 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 Purchasing 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 Purchasing Director. 18. 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. 19. Security and Background Checks If required, Vendor/Contractor/ Proposer 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. 20. 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. 21. 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. 12-5968 Automatic Meter Reading System 25 Packet Page-238- • 9/10/2013 11 .E. 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. 22. 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. 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 /Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's /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.00v/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. 23. 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. 12-5968 Automatic Meter Reading System 26 Packet Page-239- 9/10/2013 11 .E. A"local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and 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 either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee 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. 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. 12-5968 Automatic Meter Reading System 27 Packet Page-240- 9/10/2013 11.E. Cotes Cat.mtv Acirronistiative Services Division 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#12-5968 Automatic Meter Reading Systems 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 12-5968 Automatic Meter Reading System 28 Packet Page-241- 9/10/2013 11 .E. Go.Li er County Ali n tra Services Dn icn 'urchasing 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: Nicole Parker, Procurement Strategist ❑ The mailing envelope must be sealed and marked with Solicitation#12-5968 Automatic Meter Reading Systems and February 15, 2013 at 3:00 PM. ❑ 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 12-5968 Automatic Meter Reading System 29 Packet Page-242- 9/10/2013 11 .E. CAE Cody AciministiBtive Services on 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 Purchasing/General Services 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 12-5968 Automatic Meter Reading System 30 Packet Page -243- 9/10/2013 11.E. Adnistve Services Division Purchasing Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: #12-5968 Automatic Meter Reading Systems 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: #12-5968 Automatic Meter Reading Systems. (Proposal Continued on Next Page) 12-5968 Automatic Meter Reading System 31 Packet Page-244- 9/10/2013 11.E. PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 2013 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 Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from Company name used as payee above) 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 12-5968 Automatic Meter Reading System 32 Packet Page-245- 9/10/2013 11.E. CAtter Cowi.ty N. AdnTdnistrasve Semces D lion urthasing Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation:#12-5968 Automatic Meter Reading Systems (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; A"local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and 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 either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to,the retention and expansion of employment opportunities,the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee 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. 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 ❑ 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) 12-5968 Automatic Meter Reading System 33 Packet Page -246- 9/10/2013 11.E. crier County Aci nistrative Service D vts en ;xu 4has;na Attachment 6: Immigration Affidavit Certification Solicitation: #12-5968 Automatic Meter Reading Systems This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals (RFP) submittals. Further,Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify 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/Bidder'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("INK). 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. 12-5968 Automatic Meter Reading System 34 Packet Page-247- 9/10/2013 11 .E. Cofer County Adow Actrunstrative Services Division 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 l 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 12-5968 Automatic Meter Reading System 35 Packet Page-248- 9/10/2013 11 .E. Coder Col xi.11 Atirrrnistrawe Sew Division Gurchas,1Q Attachment 8: Insurance and Bonding Requirements insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Compensation Government Statutory Limits and Requirements 2. ® Employer's Liability $500.000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after $1,000,000 single limit per occurrence, $2,000,000 aggregate for the current ISO form Bodily injury 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 noted: Occurrence ❑ 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 Packet Page -249- 9/10/2013 11.E. ❑ 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 • $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. 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. 1E Thirty (30) Days Cancellation Notice required. 12-5968 Automatic Meter Reading System 37 Packet Page -250- . 9/10/2013 11 .E. 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 TelephoneNumber 12-5968 Automatic Meter Reading System 38 Packet Page-251- 9/10/2013 11 .E. Goer County Adnerbstrattue Services I vtsicn Purchasing .... Attachment 9: Reference Questionnaire Solicitation: 12-5968 Automatic Meter Reading Systems Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (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: Change Orders- Dollars Added : Change Orders-Days Added: Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow County 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 amok 12-5968 Automatic Meter Reading System 39 Packet Page-252-