191906LT_Innovative_Fabricators_of_Florida_Inc._eGenda_Copy.pdf

TERM CONTRACT FOR

LIQUID PUMPING SYSTEMS PREVENTIVE MAINTENANCE AND SERVICE

Procurement Contract #SR 1906 Page 1 of 32

THIS TERM CONTRACT is made and entered into as of the date of execution by both parties, by and between Sarasota County, a political subdivision of the State of Florida, hereinafter referred to as the "County" and Innovative Fabricators of Florida, Inc. dba Innovative Contractors, a Florida corporation, hereinafter referred to as “Contractor."

WITNESSETH

WHEREAS, the County requires the services of a contractor to perform liquid pumping systems preventive maintenance and service; and, WHEREAS, the County issued an Invitation for Bid (IFB) Solicitation #191906LT on November 26, 2019; and, WHEREAS, the County evaluated the responses received and found the Contractor qualified to perform the necessary services; and, WHEREAS, the County approved a Notice of Recommended Award on February 27, 2020; and, WHEREAS, the Contractor has reviewed the services required pursuant to this Term Contract and is qualified, willing and able to provide and perform all such services in accordance with its terms.

NOW, THEREFORE, the County and the Contractor, in consideration of the mutual covenants contained herein, do agree as follows:

I. CONTRACTOR’S SERVICES

The Contractor agrees to diligently provide all materials, services and labor for liquid pumping systems preventive maintenance and service in accordance with the scope of services made part of this Term Contract as Exhibit A, attached hereto and incorporated herein.

II. TERM

This Term Contract shall commence July 20, 2020 and shall continue for a period of three years. This Term Contract may be renewed for up to two additional one-year periods subject to written agreement of both parties.

III. COMPENSATION AND PAYMENT OF CONTRACTOR’S SERVICE

A. The County shall pay the Contractor for the services rendered hereunder and completed in accordance with the terms and conditions of this Term Contract. In no event shall the County be obligated to pay the Contractor in excess of amounts that are lawfully appropriated for this purpose.

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B. Notwithstanding the preceding, Contractor shall perform no work under this Term Contract until receipt of a purchase order from the County.

Contractor acknowledges and agrees that no minimum amount of work is guaranteed under this Term Contract and County may elect to issue no purchase orders. If a purchase order is issued, the County reserves the right to amend, reduce or cancel the purchase order in its sole discretion.

C. The County’s performance and obligation to pay under this Term Contract is contingent upon an appropriation of lawfully available funds by the Board of County Commissioners. The County shall promptly notify the Contractor if the necessary appropriation is not made.

IV. METHOD OF PAYMENT

A. The County shall pay the Contractor through payment issued by the Clerk of the Circuit Court in accordance with the Local Government Prompt Payment Act, §218.70, et seq. F.S., upon receipt of the Contractor's invoice and written approval of same by the County’s Administrative Agent indicating that services have been rendered in conformity with this Term Contract.

B. The Contractor shall submit invoices for payment to the address indicated on the purchase order for those specific services provided pursuant to Exhibit B, Fee Schedule, attached hereto and incorporated herein.

C. The Contractor’s invoices shall be in a form satisfactory to the Clerk of the Circuit Court, who shall initiate disbursements. The Contractor is responsible for providing all necessary documentation that may be required by the County.

V. ADDITIONAL SERVICES

A. No changes to this Term Contract or the performance contemplated hereunder shall be made unless the same are in writing and signed by both the Contractor and the County.

B. If the County’s Administrative Agent requires the Contractor to perform additional services related to this Term Contract then the Contractor shall be entitled to additional compensation based on the Fee Schedule, as amended, to the extent necessary to accommodate such additional work.

The additional compensation shall be agreed upon before commencement of any additional services or changes and shall be incorporated into this Term Contract by written amendment. The County shall not pay for any additional service or work performed before a written amendment to this Term Contract.

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Notwithstanding the preceding, in the event additional services are required as a result of error, omission or negligence of the Contractor, the Contractor shall not be entitled to additional compensation.

VI. LIABILITY OF CONTRACTOR

A. The Contractor shall save, defend, indemnify and hold harmless the County from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of any act, neglect, error, omission or default of the Contractor arising out of or in any way connected with the Contractor or subcontractor’s performance or failure to perform under the terms of this Term Contract.

B. This section shall survive the termination or expiration of this Term Contract.

VII. CONTRACTOR’S INSURANCE

Contractor shall procure and maintain insurance as specified in Exhibit C, Insurance Requirements, attached hereto and made a part of this Term Contract.

VIII. RESPONSIBILITIES OF THE CONTRACTOR

A. The personnel assigned by the Contractor to perform services shall comply with the terms set forth in this Term Contract. The Contractor shall ensure that all personnel and other agents are fully qualified and capable to perform their assigned tasks.

B. The Contractor agrees to respond to communication from the County within three working days unless a shorter response time is specified by the County.

C. The Contractor warrants that it has not employed or retained any company or person (other than a bona fide employee working solely for the Contractor), to solicit or secure this Term Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the Contractor; any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of this Term Contract.

D. The Contractor covenants and agrees that it and its employees shall be bound by the Standards of Conduct of §112.313, F.S., as it relates to work performed under this Term Contract. The Contractor agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed.

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E. Contractor agrees that it and its employees shall communicate with County employees and members of the public in a civil manner. All aspects of a Contractor’s performance, including complaints received from County employees or members of the public, may impact the County’s decision to renew or terminate this Term Contract in accordance with the provisions contained herein. The County further reserves the right to suspend or debar the Contractor from consideration for award of future contracts in accordance with the Sarasota County Procurement Code if the Contractor does not abide by the terms of this subsection.

F. Pursuant to §287.133(2)(a), F.S., 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 §287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

G. The Contractor shall comply with all federal, state, and local laws, regulations and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Term Contract.

H. The Contractor shall maintain books, records, documents, and other evidence directly pertaining to or connected with the services under this Term Contract which shall be available and accessible at the Contractor's offices for the purpose of inspection, audit, and copying during normal business hours by the County, or any of its authorized representatives.

Such records shall be retained for a minimum of five (5) fiscal years (from October to September) after completion of the services.

I. §287.135, F.S., prohibits agencies from contracting with companies for goods or services that are on the Scrutinized Companies that Boycott Israel List, or with companies that are engaged in a boycott of Israel, and from contracting with companies for goods or services of $1,000,000 or more that are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or are engaged in business operations in Cuba or Syria. The lists are created pursuant to §215.473 and §215.4725, F.S. Contractor certifies that it is not listed on the Scrutinized Companies that Boycott Israel List, the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and is not engaged in a boycott of Israel or engaged in business operations in

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Cuba or Syria, and understands that pursuant to §287.135, F.S., the submission of a false certification may subject Contractor to civil penalties, attorney’s fees, and/or costs. In accordance with §287.135, F.S., the County may terminate this Contract if a false certification has been made, or the Contractor is subsequently placed on any of these lists, or engages in a boycott of Israel or is engaged in business operations in Cuba or Syria.

J. The Contractor shall notify the County’s Administrative Agent at least one

(1) day in advance of any meeting between the Contractor and any County Commissioner, regulatory agency or private citizen related to this Term Contract.

K. The Contractor is, and shall be, in the performance of all work, services and activities under this Term Contract, an independent contractor. Contractor is not an employee, agent or servant of County and shall not represent itself as such. All persons engaged in any work or services performed pursuant to this Term Contract shall at all times, and in all places, be subject to the Contractor’s sole direction, supervision and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Contractor’s relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees of the County. The Contractor shall be solely responsible for providing benefits and insurance to its employees.

IX. FORCE MAJEURE

The Contractor specifically agrees that all work performed under the terms and conditions of this Term Contract shall be completed within the time limits as set forth herein, or as otherwise identified in the County’s purchase order or specified by the County’s Administrative Agent, subject only to delays caused by force majeure, or as otherwise defined herein. “Force majeure” shall be deemed to be any cause affecting the performance of this Term Contract arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of the parties.

X. OBLIGATIONS OF COUNTY

A. The County’s Administrative Agent is designated to do all things necessary to properly administer the terms and conditions of this Term Contract, including, but not limited to:

1. Review of all Contractor payment requests for approval or rejection.

2. Periodic reviews of the work of the Contractor as necessary for the completion of the Contractor’s services during the period of this Term Contract.

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B. The County shall not provide any services to the Contractor in connection with any claim brought on behalf of or against the Contractor.

XI. TERMINATION

A. The County shall have the right at any time upon thirty (30) calendar days’ written notice to the Contractor to terminate the services of the Contractor for convenience. The County shall pay to the Contractor and the Contractor shall accept as full payment for its services, a sum of money equal to the work completed in any commenced but incomplete services.

B. Any failure of the Contractor to satisfy the requirements of this Term Contract, as documented by the Administrative Agent, shall be considered a default of the Term Contract and sufficient reason for termination.

1. For defaults that are curable (as determined by the County), the Contractor shall be notified in writing by the County and shall have an opportunity to cure such default(s) within ten (10) working days after notification.

2. For defaults that are not curable (as determined by the County), notice of the termination date shall be given as deemed appropriate by the County.

C. In the event the County’s termination of this Term Contract for default is in any way deficient, at the option of the County such termination shall be deemed to be a termination for convenience pursuant to Section XI.A.

above.

D. The parties may mutually agree to terminate this Term Contract. Such termination shall be evidenced by a notice issued by the County. The County shall pay to the Contractor and the Contractor shall accept as full payment for its services, a sum of money equal to the work completed in any commenced but incomplete services.

E. In the event that the Contractor has abandoned performance under this Term Contract, then the County may terminate this Term Contract upon three (3) calendar days’ written notice to the Contractor indicating its intention to do so. Payment for work performed prior to the Contractor's abandonment shall be as stated above. Contractor shall have one hundred and eighty (180) days to submit invoices. Invoices submitted after one hundred and eighty (180) days may not be accepted for payment.

F. The Contractor shall have the right to terminate services only in the event of the County failing to pay the Contractor's properly documented and submitted invoice within ninety (90) calendar days of the approval by the County’s Administrative Agent.

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G. The County reserves the right to terminate and cancel this Term Contract in the event the Contractor shall be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of creditors.

H. After consultation with and written notice to the Contractor providing a reasonable opportunity to cure, the County shall have the right to refuse to make payment, in whole or part due to:

1. The quality of a portion, or all, of the Contractor’s work not performed in accordance with the requirements of this Term Contract;

2. The quantity of the Contractor’s work not delivered or performed as represented in the Contractor’s Payment Request, or otherwise;

3. Claims made, or likely to be made, against the County or its property;

4. Damages to the County or a third party caused by the Contractor;

5. The Contractor’s failure or refusal to perform any other obligation under this Term Contract.

XII. DISPUTE RESOLUTION

A. To the extent Chapter 558, F.S. is applicable, the parties expressly opt out of the requirements of Chapter 558, F.S., within the meaning of §558.005(1), F.S.

B. In the event of a dispute or claim arising out of this Term Contract, the parties agree first to try in good faith to settle the dispute by direct discussion. If this is unsuccessful, the parties may enter into mediation in Sarasota County, Florida, with the parties sharing equally in the cost of such mediation.

C. In the event mediation, if attempted, is unsuccessful in resolving a dispute, the parties may proceed to litigation as set forth below.

D. Any dispute, action or proceeding arising out of or related to this Term Contract will be exclusively commenced in the state courts of Sarasota County, Florida, or where proper subject matter jurisdiction exists in the United States District Court for the Middle District of Florida. Each party irrevocably submits and waives any objections to the exclusive personal jurisdiction and venue of such courts, including any objection based on forum non conveniens.

E. The parties hereby waive all rights to trial by jury for any litigation concerning this Term Contract.

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F. This Term Contract and the rights and obligations of the parties shall be governed by the laws of the State of Florida without regard to its conflict of laws principles.

G. Unless otherwise agreed in writing, the Contractor shall be required to continue its services and all other obligations under this Term Contract during the pendency of claim or dispute including, but not limited to, actual period of mediation or judicial proceedings.

XIII. STOP WORK ORDER

The County’s Administrative Agent may at any time, by written order to the Contractor, require the Contractor to stop all or any part of the work called for by this Term Contract. Any order shall be identified specifically as a stop work order issued pursuant to this clause. This order shall be effective as of the date the order is delivered to the Contractor. Upon receipt of such an order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. The Contractor shall not resume work unless specifically so directed in writing by the County. The Administrative Agent shall take one of the following actions:

1. Cancel the stop work order; or

2. Terminate the work covered by the order; or

3. Terminate the Term Contract in accordance with provisions contained in Section XI.A.

In the event the County determines to not direct the Contractor to resume work, the stop work order may be converted into a notice of termination for convenience pursuant to Section XI.A. The notice period for such termination shall be deemed to commence on the date of issuance of the stop work order.

In the event the County does not direct the Contractor to resume work within ninety (90) days, the Contractor may terminate this Term Contract.

XIV. PUBLIC RECORDS

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES,

TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC

RECORDS RELATING TO THIS CONTRACT, CONTACT

THE CUSTODIAN OF PUBLIC RECORDS AT:

Sarasota County Public Records office 1660 Ringling Blvd.

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Sarasota, FL 34236

Phone: 941-861-5886 Email: publicrecords@scgov.net

XV. MISCELLANEOUS

A. This Term Contract constitutes the sole and complete understanding between the parties and supersedes all other contracts between them, whether oral or written with respect to the subject matter. No amendment change or addendum to this Term Contract is enforceable unless agreed to in writing by both parties and incorporated into this Term Contract.

B. Time is of the essence with regard to each and every aspect of the Contractor’s performance under this Term Contract.

C. The language of this Term Contract shall be construed, in all cases, according to its fair meaning and not for or against any party hereto.

D. The parties hereto do not intend nor shall this Term Contract be construed to grant any rights, privileges or interest to any third party.

E. The Contractor shall not assign any interest in this Term Contract and shall not transfer any interest in same (whether by assignment or novation) without the prior written consent of the County, except that claims for the money due or to become due to the Contractor from the County under this Term Contract may be assigned to a financial institution or to a trustee in bankruptcy without such approval from the County. Notice of any such transfer or assignment due to bankruptcy shall be promptly given to the County.

F. The exercise by either party of any rights or remedies provided herein shall not constitute a waiver of any other rights or remedies available under this Term Contract or any applicable law.

G. If any term, condition, or covenant of this Term Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Term Contract shall be valid and binding on each party.

H. The parties covenant and agree that each is duly authorized to enter into and perform this Term Contract and those executing this Term Contract have all requisite power and authority to bind the parties.

I. Neither the County’s review, approval or acceptance of, nor payment for, the services required under this Term Contract shall be construed to mailto:%20publicrecords@scgov.net

Procurement Contract #SR 1906 Page 10 of 32 operate as a waiver of any rights under this Term Contract or of any cause of action arising out of the performance of this Term Contract.

J. The rights and remedies of the County provided for under this Term Contract are in addition to any other rights and remedies provided by law.

K. If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

L. This Term Contract may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.

M. The County may unilaterally extend this Term Contract up to ninety (90) days beyond its expiration. The unit prices in effect on the last day of this Term Contract shall remain in effect for the extension period.

N. Any notices of default or termination shall be sufficient if sent by the parties via United States certified mail, postage paid, or via a nationally recognized delivery service, to the addresses listed below:

Contractor’s Representative: County’s Administrative Agent:

Name: Jason Tison Name: Emily Wenstad

Title: President Title: Contracts and Procurement Liaison

Address: PO BOX 1545 Address: 1001 Sarasota Center Blvd.

Osprey, FL 34229 Sarasota, FL 34240

Telephone: (941) 375-8668 Telephone: (941) 861-0561

E-mail : jasontison@innovativ e-contractors.com E-Mail : ewenstad@scgov.net

O. Any change in the County’s Administrative Agent or the Contractor’s Representative will be promptly communicated by the party making the change.

P. Paragraph headings are for the convenience of the parties and for reference purposes only and shall be given no legal effect.

Q. The solicitation and all attachments and addenda thereto are hereby incorporated in the Term Contract by reference.

R. In the event of conflicts or inconsistencies, the documents shall be given precedence in the following order:

1. Term Contract

2. Solicitation

3. County’s Purchase Order

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IN WITNESS WHEREOF, the parties have executed this Term Contract as of the date last below written.

WITNESS: __________________ Innovative Fabricators of Florida, Inc., dba Innovative Contractors:

Signed By: Signed By:

Print Name: Print Name:

Title:

Date:

SARASOTA COUNTY

BOARD OF COUNTY COMMISSIONERS

OF SARASOTA COUNTY, FLORIDA

BY: _______________________________

CHAIR

DATE:

ATTEST:

KAREN E. RUSHING, Clerk of the Circuit Court and Ex-Officio Clerk of the Board of County Commissioners

BY:

Approved as to form and correctness:

BY:

COUNTY ATTORNEY

EXHIBIT A

SCOPE OF SERVICES

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1. LIQUID PUMPING SYSTEMS OVERVIEW

A. The Contractor shall provide the necessary labor, materials and equipment to provide preventative maintenance, repairs and installation services for liquid pumping systems and related equipment and controls at Sarasota County (County) owned and maintained facilities. The sites and assets requiring preventative maintenance and related services are identified in Attachment 1, Sarasota County Liquid Pumping Systems Locations attached hereto and incorporated herein. The County may add or delete locations at any time during the contract period.

B. Liquid pumping systems may be a packaged system with pumps, motors, controls and required piping needed to make such a system function, or systems may be a single component pump and motor with a remote dedicated controller.

C. Some examples are single and duplex lift stations, dosing tanks with controls, inline waste grinder pumps and controls, domestic water pumps and motors with controls, swimming pool pumps and motors with controls, ornamental fountains, aeration fountains with controls, irrigation pumps and motors with controls.

2. PREVENTATIVE MAINTENANCE (PM) SERVICES

A. PM services are performed semi-annually. The Contractor shall ensure all equipment is in good working order and inspected twice in a 12-month period, with five to six-month intervals between inspections. After contract approval, the County and the Contractor will establish a mutually agreeable schedule for PM.

B. PM Inspection Reports: PM services shall be documented on the PM Inspection Report, including the existing conditions and the recommended solution. See Attachment 2, Preventative Maintenance Inspection Report attached hereto and incorporated herein.

i. The written PM Inspection Report shall be completed at the time of service to a system or device and shall accompany the appropriate invoice upon submittal.

ii. Sarasota County reserves the right to amend, change or replace the PM Inspection Report at any time.

C. During a PM visit, the Contractor shall notify the County of any abnormal conditions or emergency issues. This can be accomplished verbally if staff is present; otherwise, notification should be by phone call or email. If repairs are required, the Contractor shall notify the County of the projected cost of the repair and receive either verbal or written approval before proceeding with the repair. If verbal approval is provided, the Contractor’s technician should note this on the PM Inspection Report.

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D. Pump System Cleaning: The Contractor shall clean pump housing, motors, flotation devices, wet well floats and all control cabinets and enclosures.

i. The Contractor shall place one ant / insect repellent block, cube or other solution inside motor control housings or cabinet where exposed to the weather.

E. Alarm Operation Verification: Systems with alarm detection shall have their alarm system tested for proper operation by the Contractor.

i. Annunciation may occur in different and varying methods.

ii. Onsite alarm and or remote alarm interfaced with Building Automation Systems (BAS) shall require coordination with the County by the Contractor.

F. Electrical Components: The Contractor shall check and record voltage and ampere readings for each phase.

i. The Contractor shall perform visual inspection of circuitry, looking for discolored, loose wiring and connections.

ii. The Contractor shall note any variations in readings or visuals on the PM Inspection Report.

G. Pump and Motor Controls Inspection: The Contractor shall check all motor starters, contactors, drives, and relays for proper operation and replace as required.

i. The Contractor shall check all level controls for proper operation.

ii. Where controls are open and exposed to the environment or general public, the Contractor shall check that control panels are in working condition and locked. The County will provide the Contractor with Best Locks for any locks that need replacement.

iii. The Contractor shall check all lights, indicator, audible and visual alarms for proper operation.

iv. The Contractor shall confirm proper operation and functioning in all modes for the Hand / Off / Auto switch. The Contractor shall short cycle all motors for a minimum of five minutes run time.

v. The Contractor shall verify functionality of all circuit breakers and disconnect switches for proper operation.

vi. The Contractor shall pull submersible pumps for visual inspection and remove any debris.

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vii. The Contractor shall open all pump inspection plates and check housing and impellers for wear.

H. Wet Well: Where wet wells are used, the Contractor shall confirm proper spacing of all wet well levels, maintain spacing for sensor set points or floats for the following: Off, Lead, Lag, and High Alarm.

i. The Contractor shall confirm that float(s) are tethered, hanging free and are clean of debris and grease.

ii. The Contractor shall exercise all floats per the PM Inspection Report instructions.

iii. As required, the Contractor shall be responsible for coordination with the County’s contracted vendor for pumping services. The Contractor shall also be responsible for providing this information to the County.

iv. The Contractor shall pull submersible pumps for visual inspection and any debris removal.

v. The Contractor shall confirm operating pumps are running quietly without excessive vibration.

vi. The Contractor shall check conditions of the wet well, check the moveable hatch, manhole rings and covers, hinges, inside of the well for signs of ground water penetration, crumbing walls, debris and grease buildup. Upon completion, the Contractor shall ensure that the wet well casing is secured by pad lock where required.

3. REPAIR AND INSTALLATION SERVICES

A. The Contractor shall be responsible for performing repairs, when requested, to the pumps, motors and related equipment and controls. This as-needed service shall be performed on a time and materials basis and only when authorized by the County prior to commencing the work.

i. The Contractor shall maintain a file containing a copy of all repairs and replacement parts. The file shall be available to the County upon request by the County’s Administrative Agent. The records shall be available to the County during the duration of the contract period and for a minimum of five fiscal years following contract expiration or termination.

B. The Contractor shall provide crane services for removal and installation of pumps. The minimum specifications for crane services shall reach a height of up to 9 feet above ground level and a lifting weight capacity of at least 1000 pounds.

C. The Contractor shall be responsible for providing installation of new equipment services at any Sarasota County facility, owned or managed.

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This as-needed service shall be performed on a time and materials basis and only when authorized by the County prior to commencing the work.

i. The Contractor shall provide a project estimate to include the scope of work, the estimated length of the project, and a detailed cost estimate, which includes the number of work hours, hourly rate, materials and permit (if required).

ii. Service shall not be performed until the County approves the written estimate and issues a purchase order.

D. All new electrical installation or repair to main electrical service, shall be the responsibility of the County to provide.

E. The Contractor shall implement and follow all OSHA regulations while performing work under this term contract.

F. The Contractor shall perform Confined Space Entry and shall adhere to the most current version of OSHA Confined Space Standards 29 CFR 1910.146.

The County shall be notified in advance before commencing any confined entry work.

4. CONTRACTOR REQUIREMENTS

A. The Contractor shall maintain a Plumbing Contractor license, certified by the Department of Business and Professional Regulation Construction Industry Licensing Board, by the State of Florida pursuant to Florida Statutes Chapter 489, during the term of the contract.

B. Every Contractor crew shall have at least one employee on site that can effectively communicate in English with the County staff or the general public.

C. The Contractor shall coordinate work so that there is minimal to no interruption to daily work at any location.

D. The Contractor shall provide the County’s Administrative Agent with an emergency contact number for service-related calls within one week of contract approval.

E. The Contractor shall be responsible for any damage to County or third-party property due to the Contractor or their employees. Restoration shall be made to the County’s satisfaction.

F. All material stored at a County facility by the Contractor or any subcontractor working for the Contractor to be used in construction at that facility must be stored in an approved area, authorized by the County representative in charge of the facility. All tools, equipment, and materials (all parts and pieces) stored at a County facility belonging to the Contractor

Procurement Contract #SR 1906 Page 16 of 32 or any subcontractor of the Contractor awaiting installation shall be the sole responsibility of the Contractor. The County shall not be held liable for missing or stolen items. All material shall only be stored for the duration of the job.

G. Contractor is required to participate in performance and project report meetings as deemed necessary by the County.

H. The Contractor shall ensure conditions on the work site reflect good housekeeping and safety practices at all times. The Contractor shall be responsible for all trash and debris disposal from the work site daily.

I. All work shall conform to existing local codes, national electrical codes, and state and federal regulations including lockout/tag out procedures and standards. It is the responsibility of the Contractor and any subcontractors to know and apply the respective code and standard for each work order.

The work must be accomplished with professional methods and standards of the trade.

J. The Contractor shall be responsible for any and all permitting and must send a copy of the permit to the County’s project manager, as listed on the County’s purchase order, prior to commencing work. The Contractor shall be reimbursed for permit fees in accordance with Scope of Services Section

9. Permits

5. BACKGROUND CHECKS

A. Contractor’s personnel may be required to have unescorted access to judicial offices and other areas containing certain criminal justice records and is now required by federal and state law to submit to an electronic criminal background check, fingerprinting and a biannual short training program provided by the Florida Department of Law Enforcement (FDLE).

An authorization and consent for release of personal information form must be completed and acknowledges that Sarasota Count Government and the Sarasota County Sheriff’s Office may conduct an investigation of criminal history information on file in local, state or federal agencies. A Secure Criminal Justice Information Services (CJIS) Facilities Addendum is attached hereto and incorporated herein and details the security requirements.

B. All Contractor personnel who will perform services in designated Sarasota County facilities must pass FDLE’s CJIS background checks. Sarasota County will provide the forms to the Contractor for completion. Said forms will be forwarded to the County to perform the background checks for acceptance or rejection before the Contractor’s personnel may enter County facilities to provide the services herein described.

C. The County reserves the right, in its sole discretion, to preclude or deny access to any person known to be or thought to be a security risk. Failure

Procurement Contract #SR 1906 Page 17 of 32 of the Contractor’s personnel who will perform services in Sarasota County facilities to pass the CJIS clearance may result in termination of the Contract.

D. The Contractor shall ensure that unauthorized persons cannot gain access to rooms, areas, or building under the control of its personnel. At no time shall the Contractor violate building and/or room security by propping doors open and leaving them unattended, unless the County has provided its own security door monitor. All entrance and exit doors shall be secured at all times.

E. Contractor staff working in the Judicial Center for the 12th Judicial Circuit Court will also be required to complete an “Authorization and Consent for Release of Personal Information and Criminal Background Check” form provided by the Court.

F. All work performed at the County’s jail facilities shall require the Contractor’s employees to provide a Vendor Tool Inventory pursuant to the rules and regulations of the Sarasota County Sheriff’s Office. The County’s jail facilities shall provide the Contractor’s employees with the Vendor Tool Inventory form to complete as directed by County Jail staff. The Vendor Tool Inventory form requires the Contractor to list all inventory brought into the jail and out of the jail, which shall be verified by County jail staff.

6. DISPATCH / RESPONSE TIME

A. Preventative Maintenance Calls - PM services shall be dispatched by means of a phone call or email, followed up with a work order (WO) number.

i. PM service dates shall be coordinated with the County through a mutually agreeable schedule with the County and Contractor.

B. Service Calls - Service calls shall be dispatched by means of a phone call or email.

i. The County will designate each service or repair request as either an emergency or a non-emergency situation.

ii. The County will issue a WO number and this number must be referenced on all correspondence, including invoicing.

iii. Non-Emergency Service calls – the Contractor shall verbally respond to non-emergency service requests within 24 hours of notification.

a. The Contractor shall provide the County with a service date. The County reserves the right to schedule times and dates for performance of non-emergency services.

b. Unless approved by the County in writing (via email), the date of

Procurement Contract #SR 1906 Page 18 of 32 service shall not be greater than 5 business days from the date of the initial service request.

iv. Emergency Service calls – The Contractor shall verbally respond to emergency service requests within one hour of notification.

a. The Contractor shall have a qualified person on site within two hours of the initial notification.

b. In the event repairs cannot be completed with the initial response, the Contractor shall make every effort to provide limited repair to the system such that it can function effectively until complete restoration can be made.

C. Project Estimates:

i. The Contractor shall verbally respond within 24 hours and provide a written estimate within five business days.

ii. The Contractor shall not charge the County for a project estimate.

D. The Contractor shall provide the status of any open work order, along with any changes in project status, upon request by the County.

7. HOURS OF WORK / INVOICING

A. PM services shall be performed during Normal Business Hours, defined as Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m., unless otherwise approved by the County and shall be paid at the PM rate provided on the Fee Schedule.

B. Non-emergency service calls shall be performed during Normal Business Hours, defined as Monday through Friday, between the hours of 7:00 a.m.

and 5:00 p.m., and shall be paid at the Technician Labor Normal Business Hours hourly rate provided on the Fee Schedule.

C. Non-emergency service calls performed after normal business hours are defined as After Normal Business Hours and require prior County written approval. The Contractor shall be paid at the Technician Labor After Normal Business Hours hourly rate provided on the Fee Schedule.

D. Emergency service calls performed Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m. shall be paid at the Emergency Technician Labor Normal Business Hours hourly rate provided on the Fee Schedule.

E. Emergency service work performed outside of Normal Business Hours are considered After Normal Business Hours and include weekends and County holidays. Emergency service work provided after normal business hours shall be paid at the Emergency Technician Labor After Normal Business Hours hourly rate provided on the Fee Schedule.

Procurement Contract #SR 1906 Page 19 of 32

F. The Contractor shall only invoice for time spent on the job at the rate listed on the Fee Schedule. Hourly charges are to begin when the appropriate technician arrives at the jobsite. All trip charges, mileage, vehicle charges, travel time and labor shall be included in the hourly rate.

G. The Contractor’s invoices for subcontracted services shall include a copy of the subcontractor’s invoice to the Contractor and show the percent markup, as listed on the Fee Schedule.

H. The Contractor’s invoices for permits must include supporting documentation, clearly showing the Contractor’s cost for the permit. No markup will be paid for permits.

I. When the Contractor supplies parts or new equipment, the County’s cost shall be based on the Contractor’s price from the supply house plus the Contractor’s percent markup as listed on the Fee Schedule. The Contractor's invoice shall indicate the total cost of the parts/materials and percent mark-up. The invoice must also include the supply house invoice as supporting documentation that clearly shows the manufacturer's part number, description, and supply house cost. Tax shall be listed separately on the Contractor’s invoice and not include a percentage markup.

8. PARTS AND NEW EQUIPMENT

A. Sarasota County reserves the right to buy or purchase any equipment and/or parts from an outside source for the Contractor to install, without the addition of the Contractor’s percentage of mark-up as listed on the Fee Schedule.

B. The Contractor shall keep the system operational while awaiting replacement of parts and equipment. New parts shall be placed on priority order and should any backlog be expected, the Contractor must notify the County immediately.

9. PERMITS

If permits are required, the Contractor shall obtain all necessary permits. The Contractor shall be reimbursed for the cost of the permit fees only. No percent markup shall be paid to the Contractor for the cost of permit fees. The Contractor’s invoice shall indicate the total cost of the permit fees and shall include supporting documentation (receipt from Building Department) that clearly shows the cost of the permit.

10. SUBCONTRACTING

A. Any use of subcontractors for ancillary services shall be approved in writing by the County.

B. The Contractor shall be reimbursed for the cost of the subcontractor plus the percent markup listed on the contract Fee schedule.

Procurement Contract #SR 1906 Page 20 of 32

11. WARRANTY

All work and materials provided by the Contractor shall be fully warranted from the date of County’s acceptance of the work for a period of one year, or for the standard warranty period provided by the Contractor or by the materials manufacturer, whichever is greater.

EXHIBIT B

FEE SCHEDULE

Procurement Contract #SR 1906 Page 21 of 32

ITEM DESCRIPTION UNIT OF

MEASURE

UNIT

PRICE

1 Preventative Maintenance Services PER HOUR $45.00

2 Technician Labor – Normal Business Hours (7:00 a.m. to 5:00 p.m., Monday – Friday) PER HOUR $55.00

Technician Labor – After Normal Business Hours (5:01 p.m. to 6:59 a.m., Monday – Friday, weekends and County-Observed Holidays)

PER HOUR $75.00

4 Emergency Technician Labor – Normal Business Hours (7:00 a.m. to 5:00 p.m., Monday – Friday) PER HOUR $55.00

Emergency Technician Labor – After Normal Business Hours (5:01 p.m. to 6:59 a.m., Monday – Friday, weekends and County-Observed Holidays)

PER HOUR $75.00

6 Crane Service with Operator – Normal Business Hours (7:00 a.m. to 5:00 p.m., Monday – Friday) PER HOUR $125.00

Crane Service with Operator – After Normal Business Hours (5:01 p.m. to 6:59 a.m., Monday – Friday, weekends and County-Observed Holidays)

PER HOUR $150.00

8 Markup for Parts and Materials PERCENTAGE 10%

9 Markup for Subcontractor Services PERCENTAGE 10%

EXHIBIT C

INSURANCE REQUIREMENTS

Procurement Contract #SR 1906 Page 22 of 32

CONTRACTOR’S INSURANCE

Contractor shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Contract, insurance coverage (including endorsements) and limits as described herein. These requirements, as well as the County’s review or acceptance of insurance maintained by Contractor, are not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Contract.

Insurance requirements itemized in this Contract and required of the Contractor shall extend to all subcontractors to cover their operations performed under this Contract.

The Contractor shall be responsible for any modifications, deviations, or omissions in these insurance requirements as they apply to subcontractors.

Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best’s Financial Strength Rating of A- Class VII or better.

Each insurance policy required by this Contract shall apply separately to each insured against whom claim is made and suit is brought, except with respect to limits of the insurer’s liability.

The Contractor shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of this Contract and shall be solely responsible for the payment of all deductibles and retentions to which such policies are subject.

Contractor shall furnish Certificates of Insurance to the County Administrative Agent evidencing the types and amounts of coverage, including endorsements, required by this Contract prior to commencement of work and prior to expiration of the insurance contract, when applicable. Such Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day notice of cancellation (10 days for non-payment of premium) or non-renewal of coverage. Notwithstanding these notification requirements, the Contractor will be required to provide County with 5-day prior written notice of any policy cancellation or non-renewal.

The County reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements, herein from time to time throughout the term of this Contract. County reserves the right, but not the obligation, to review and reject any insurer providing coverage due to its poor financial condition or failure to operate legally.

A. WORKERS’ COMPENSATION: Contractor agrees to maintain Workers’ Compensation insurance in accordance with Florida Statutes, Chapter 440.

Employers Liability to be included with a minimum limit of $100,000.00 per accident/per disease/per employee. If work is to be performed over or adjacent to navigable water and involves maritime exposure, applicable LHWCA, Jones Act, or other maritime law coverage shall be included.

In the event the Contractor has “leased” employees, the Contractor or the employee leasing company must provide evidence of a Workers’ Compensation policy for all personnel on the worksite.

EXHIBIT C

INSURANCE REQUIREMENTS

Procurement Contract #SR 1906 Page 23 of 32

Contractors who are exempt from Florida’s Workers’ Compensation law must provide proof of such exemption issued by the Florida Department of Financial Services, Bureau of Workers’ Compensation.

B. COMMERCIAL GENERAL LIABILITY: Contractor agrees to maintain Commercial General Liability per ISO form CG0001 or its equivalent, including but not limited to coverage for premises and operations, personal injury, products & completed operations, liability assumed under an insured contract, and independent contractors with limits of not less than $1,000,000.00 each occurrence, $2,000,000.00 aggregate covering all work performed under this Contract. Contractor agrees to endorse Sarasota County Government as an additional insured on the Commercial General Liability coverage.

C. BUSINESS AUTOMOBILE LIABILITY: Contractor agrees to maintain Business Automobile Liability with limits not less than $500,000.00 combined single limit for each accident covering all Owned, Non-Owned & Hired automobiles used in the performance of this Contract. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy.

If the Contractor is shipping a product via common carrier, the contractor shall be responsible for any loss or damage sustained in delivery/transit.

ATTACHMENT 1

SARASOTA COUNTY LIQUID PUMPING SYSTEMS LOCATION LIST

Procurement Contract #SR 1906 Page 24 of 32

BUILDING LOCATION TYPE NO. OF

PUMPS

PM

YES/NO FREQUENCY

17TH ST PARK SOCCER FIELD 4570 17TH ST, SARASOTA LIFT

STATION 2 YES SEMI-ANNUAL

17TH ST PARK SOFTBALL FIELDS 4570 17TH ST, SARASOTA LIFT

STATION 2 YES SEMI-ANNUAL

ADMINISTRATION CENTER 1660 RINGLING BLVD,

SARASOTA

DOMESTIC

PUMP 2 YES SEMI-ANNUAL

ANIMAL SERVICES FACILITY 8451 BEE RIDGE RD,

SARASOTA

LIFT

STATION 2 YES SEMI-ANNUAL

BAY ST PARK TRAILHEAD BLDG 300 E BAY ST, OSPREY LIFT

STATION 2 YES SEMI-ANNUAL

BLACKBURN POINT PARK - EAST 800 BLACKBURN POINT

RD, OSPREY

LIFT

STATION 2 YES SEMI-ANNUAL

BLACKBURN POINT PARK - WEST 800 BLACKBURN POINT

RD, OSPREY

LIFT

STATION 2 YES SEMI-ANNUAL

BLIND PASS PARK 6725 MANASOTA KEY RD,

ENGLEWOOD

DOSING

TANK 2 YES SEMI-ANNUAL

BMX TRACK CONCESSION BLDG 2810 17TH ST, SARASOTA LIFT

STATION 1 YES SEMI-ANNUAL

BROHARD PARK 1600 HARBOR DR, VENICE LIFT

STATION 2 YES SEMI-ANNUAL

CASPERSON BEACH - A (FRONT) 4100 HARBOR DR S,

VENICE

LIFT

STATION 2 YES SEMI-ANNUAL

CASPERSON BEACH -…