Backup Documents 05/27/2014 Item #16A22 (Preferred Materials) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 A 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGl ' U2U1L
Routed by Purchasing Department to Office Initials Date
the Following Addressee(s) (In routing order)
1. Risk Management Risk 5/Z8/ �
2. County Attorney Office County Attorney Office 5I3011
3. BCC Office Board of County b
Commissioners /5/ (.0\4\‘4\
4. Minutes and Records Clerk of Court's Office
5. Return to Purchasing Department Purchasing ,
Contact: Diana DeLeon �{ �' 11101 '
PRIMARY CONTACT INFORMATION
Name of Primary Diana DeLeon for Evelyn Colon Phone Number 252-8375
Purchasing Staff May 27,2014
Contact and Date
Agenda Date Item was May 27,2014✓ Agenda Item Number 16.A.221/
Approved by the BCC
Type of Document Contract Number of Original 2
Attached Documents Attached
PO number or account N/A Solicitation/Contract 12-5864S Preferred
number if document is NumberNendor Name Materials
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? DD
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD
signature and initials are required.
7. In most cases(some contracts are an exception),an electronic copy of the document and DD
this routing slip should be provided to the County Attorney's Office before the item is
input into SIRE.
8. The document was approved by the BCC on the date above and all changes made DD
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by
BCC,all changes directed by the BCC have been made,and the document is ready f', l j
Chairman's signature.
16A22
MEMORANDUM
Date: June 4, 2014
To: Diana De Leon, Contract Technician
Purchasing Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Contract #12-5864S "Annual Roadway Contractors"
Contractor: Preferred Materials
Attached is an original of the document referenced above (Agenda Item #16A22),
approved by the Board of County Commissioners on Tuesday, May 27, 2014.
The original will be held on file with the Minutes and Record's Department in the
Board's Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
16A22
AGREEMENT 12-5864S
For
Annual Roadway Contractors
THIS AGREEMENT is made and entered into this a-l�", day of /AP , 2014 by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "County" or "Owner") and Preferred Materials, Inc.
authorized to do business in the State of Florida, whose business address is 1301 Telecom Drive,
Suite 101, Tampa, Florida 33637 (hereinafter referred to as the "Contractor").
WITNESSETH:
1. COMMENCEMENT: The Contractor shall commence the work upon the issuance of a Purchase
Order. The contract term shall commence on Date of Board award and will run concurrently with
existing Agreement 12-5864 which is herein incorporated by reference, terminating one (1) year
from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration
of the Agreement period have been completed. The Contractor agrees that any Purchase Order
that extends beyond the expiration date of Agreement# 12-5864S will survive and remain subject
to the terms and conditions of this Agreement until the completion or termination of any Purchase
Order. This contract shall only have the renewal options left available under Agreement 12-5864.
The County Manager, or his designee, may, at his discretion, extend the Agreement under all of
the terms and conditions contained in this Agreement for up to one hundred eighty (180) days.
The County Manager, or his designee, shall give the Contractor written notice of the County's
intention to extend the Agreement term not less than ten (10) days prior to the end of the
Agreement term then in effect.
2. STATEMENT OF WORK: This is a supplemental award to RFP#12-5864. The Board of County
Commissioners deemed two (2) additional firms to be pre-qualified and awarded a Contract to
each firm. Each awardee will provide complete services for Annual Roadway Contractors on an
as-needed basis as may be required by the Owner in accordance with the terms and conditions of
RFP #12-5864S and the Contractor's proposal, which is incorporated by reference and made an
integral part of this Agreement. The execution of this Agreement shall not be a commitment to the
Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the
rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work
undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the
term and any extension of the term of this Agreement.
The procedure to be followed will be determined by the value of the project. The procedures for
projects are outlined below:
For proiects with a value up to $200,000, the procedure is as follows:
• Written quotations shall be solicited from all of the awarded firms. The written quotes
may be obtained electronically via the On-Line Bidding System, email, fax or written
communication. Completion time shall be specified in the Quotation.
• Contractor shall respond with the information and/or proposal sought within seven (7)
business days or as specified by the Project Manager.
• Owner may negotiate terms and conditions.
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• Issuance by Owner of a numbered Purchase Order.
• Certification of Final Completion required by County in order for Contractor to receive
final payment.
Projects exceeding the $200,000 threshold will be formally bid.
If an awarded contractor does not participate in the quoting process three (3) consecutive
times, the contractor shall be prohibited from participating in the quoting process for six (6)
months and possible contract termination.
2.1 USE OF SUBCONTRACTORS: For any project quoted under this Agreement, Contractor
must be qualified and directly responsible for 51% or more of the quotation amount for said
work.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in his response to a specific Request for
Quotation. Any County agency may utilize the services offered under this contract provided
sufficient funds are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Angelia McElroy
Preferred Materials, Inc.
5701 East Hillsborough Avenue
Suite 1122
Tampa, FL 33610
Phone: 813-612-5740
Fax: 813-664-8526
Email: angle.mcelroyApreferredmaterials.com
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz, Director, Procurement Services
Phone: 239-252-8470
Fax: 239-252-6480
Email: ioannemarkiewicz(a.colliergov.net
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
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5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay
for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and
other similar taxes associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a thirty (30) day written notice. The County shall be sole judge of non-performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall
include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership.
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C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of$1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as
the Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of
this Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph. This section does not pertain to any incident arising from the
sole negligence of Collier County.
11.1 The duty to defend under this Article 11 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation of a
claim by any party and written notice of such claim being provided to Contractor. Contractor's
obligation to indemnify and defend under this Article 11 will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against the
County or an indemnified party for the matter indemnified hereunder is fully and finally barred by
the applicable statute of limitations.
12. PAYMENTS: Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments.
13. PAYMENTS WITHHELD: Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
inspections. The Owner may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this Agreement or
any other agreement between Owner and Contractor, to such extent as may be necessary in the
Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) failure of
Contractor to make payment properly to subcontractors or for labor, materials or equipment; (c)
reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount;
(d) reasonable indication that the Work will not be completed within the Contract Time; (e)
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unsatisfactory prosecution of the Work by the Contractor; or (f) any other material breach of the
Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense.
14. SUBMITTALS AND SUBSTITUTIONS: Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
15. CONTRACT TIME AND TIME EXTENSIONS:
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
16. CHANGES IN THE WORK: Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a result
of the change. Except in an emergency endangering life or property, or as expressly set forth
herein, no addition or changes to the Work shall be made except upon written order of Owner,
and Owner shall not be liable to the Contractor for any increased compensation without such
written order. No officer, employee or agent of Owner is authorized to direct any extra or
changed work orally. Any modifications to this Contract shall be in compliance with the County
Purchasing Ordinance and Procedures in effect at the time such modifications are authorized.
17. ADDITIONAL ITEMS/SERVICES: Additional items and/or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
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18. COMPLIANCE WITH LAWS: Contractor agrees to comply, at its own expense, with all federal,
state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable
to the Project, including but not limited to those dealing with taxation, workers' compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553,
Florida Statutes, and the Florida Public Records Law Chapter 119 (including specifically those
contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))). If Contractor observes that the
Contract Documents are at variance therewith, it shall promptly notify Owner in writing.
19. CLEAN UP: Contractor agrees to keep the Project site clean at all times of debris, rubbish and
waste materials arising out of the Work. At the completion of the Work, Contractor shall remove
all debris, rubbish and waste materials from and about the Project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean and ready for occupancy by Owner.
20. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part
thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward Owner.
21. WARRANTY: Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures
to be incorporated into the Project. Contractor warrants to Owner that any materials and
equipment furnished under the Contract Documents shall be new unless otherwise specified, and
that all Work shall be of good quality, free from all defects and in conformance with the Contract
Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement or
repair. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
22. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES: The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
23. TESTS AND INSPECTIONS: If the Contract Documents or any codes, laws, ordinances, rules or
regulations of any public authority having jurisdiction over the Project requires any portion of the
Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility
therefore, pay all costs in connection therewith and furnish to the Owner the required certificates
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of inspection, testing or approval. All inspections, tests or approvals shall be performed in a
manner and by organizations acceptable to the Owner.
24. PROTECTION OF WORK:
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
25. EMERGENCIES: In the event of any emergency affecting the safety or protection of persons or
the Work or property at the Project site or adjacent thereto, Contractor, without special instruction
or authorization from Owner is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of
the emergency, if Contractor believes that any significant changes in the Work or variations from
the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a written order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the
Contract Amount or an extension to the Contract Time.
26. COMPLETION: Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and acceptance,
Owner will make such inspection and, if Owner finds the Work acceptable and fully performed
under the Contract Documents, final invoice will be submitted for review.
Owner reserves the right to inspect the Work and make an independent determination as to the
acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment
shall not become due and payable.
27. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County
by the Growth Management Division.
28. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate(s), Agreement 12-5864, RFP#
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12-5864S, any addenda, any Quotation made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations.
29. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of
this provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business with the County for
a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and,
c. immediate termination of any contract held by the individual and/or firm for cause.
30. 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.
31. SALES TAX: Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work. No
markup shall be applied to sales tax.
32. 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.
33. 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.
34. 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.
35. 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.
36. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department for all employees that shall
provide services to the County under this Agreement. This may include, but not be limited to,
checking federal, state and local law enforcement records, including a state and FBI fingerprint
check, credit reports, education, residence and employment verifications and other related
records. Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
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37. 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.
38. SAFETY: All contractors and subcontractors performing service for Collier County are required
and shall comply with all Occupational Safety and Health Administration (OSHA), State and
County Safety and Occupational Health Standards and any other applicable rules and
regulations. Also all Contractors and subcontractors shall be responsible for the safety of their
employees and any unsafe acts or conditions that may cause injury or damage to any persons or
property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health Administration
(OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
department and/or Contractor. All applicable OSHA inspection criteria apply as well as all
Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA
onto a project that is being performed on Collier County Property. Collier County, as the owner of
the property where the project is taking place shall be the only entity allowed to refuse access to
the project. However, this decision shall only be made by Collier County's Risk Management
Department Safety Manager and/or Safety Engineer.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIE' COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
I \
t � li
�:"
By: By: ;.11b■
T - enning, Chair an
Dated:
(Seal)
Attest as to Chairman's.
signature only. Preferred Materials, Inc.
Contractor
By: A11140.�
First Witness Sign. 41116,
Maria Perez Gregory P. bier
Type/Print Witness Name Typed Signature
Vice President
Second Witness Title
Susan Hibbard
Type/Print Witness Name
Approved as to form and legality:
Assistant C'kunty A'torney V
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. _
Certificate of Insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER.THIS CERTIFICATE IS NOT AN
INSURANCE POLICY AND DOES NOT AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY=POLICIES LISTED BELOW.POLICY LIMITS ARE NO LESS THAN THOSE
LISTED.ALTIIOUGH POLICIES IIAY INCLUDE ADDITIONAL sUALINirTAIMITS KT LISTED BELOW.
This is to Certify that
Preferred Materials,Inc. s
NAME AND 's._'�
5701 E.Hillsborough Avenue,Suite 1122 ADDRESS .
Tampa,FL 33610 ( OF INSURED 1 INSURANCE
LConditions tisaand doe is not allaed requirement,ma or coalition of the any contract oth document respect which this listed may be issued. to all their terms,exclusions and
EXP DATE
CONTI
TYPE OF POLICY ❑❑ D�ovs POLICY NUMBER LIMIT OF LIABILITY
m POLICY TERM
WORKERS 9/1/2014 WA7-C8D-004095-023 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY
OF THE FOLLOWING STATES:
COMPENSATION S POCSEWC7-C81-004095-013 M OOUSTICE TATS AND HcaYit Acckient
NY $1.000.000: Accident
WI Bodily king By Disease
$1.000,000 %Hev t Bah
Bodily Injury By Disease
$1.000.000 Nogg
COMMERCIAL 9/1/2014 TB2-C81-004095-113 General Aggregate
GENERAL LIABILITY $2,000,000
M OCCURRENCE Products/Completed Operations Aggregate
$2,000,000
❑CLAIMS MADE Each Occurrence
$2,000,000
R1rrRO DATE Persooel&Ad1tltiaing Injury $2 000,000 Per Pen=/oramtauon
Oher
FIRE DAMAGE$100,000 PER PROJECT AGGREGATE
Medical Exo-$5.000
AUTOMOBILE 9/1/2014 AS2-C81-004095-123 B And Accident—Single Limit
LIABILL I'Y $2,000,000 BI.And P.D.Combined
Each Person
El OWNED
mNON-OWNED Each Accident or Occurrence
Ed HIRED Each Accident or Occurrence
OTHER Auto:Comp Ded$10,000/Coll Dad$10,000
EVIDENCE OF COVERAGE
ADDITIONAL COMMENTS
ALL PROJECTS
•If the certificate expiration date is continuous or extended term,you will be notified if coverage is terminated or reduced before the certificate expiration date.
NOTICE OF CANCELLATION:(NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) Mutual
THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE Liberty
INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST S0 DAYS NOTICE Insurance Group
OF SUCH CANCELLATION HAS BEEN MAILED TO:
• A. 4„,,,b,c),...
Collier County BCC, Purchasing Dept. Stan Esposito
I ATT: Diana DeLeon AUTHORIZED REPRESENTATIVE
3327 E. Tamiami Trail Pittsburgh/0387
to 12 Federal Street,Ste.310 0 3/10/14
U
Naples, FL 34112 Pittsburgh PA 15212-5706 412-231-1331
L
OFFICE PHONE DATE ISSUED
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07-10
CUT NO.. 174084aa CLIENT CODA, LI 44 aicbolas Miami 5/26/2023 2,33,09 PM Page 1 of 1
LDI COI 268896 0211
16A22 ;
Page 2
CERTIFICATE -ADDENDUM
NAMED INSURED
Preferred Materials, Inc.
5701 E. Hillsborough Avenue
Suite 1122
Tampa, FL 33610
Additional Comments:
Collier County Board of County Commissioners and their employees, officers and agents shall be an
additional insured, but only if required by written contract between Collier County Board of County
Commissioners and Preferred Materials, Inc.; only to the extent of the insurance limits required under
this contract; only as to work performed or to be performed by or on behalf of Preferred Materials, Inc.
under this contract; and only with respect to operations by or on behalf of Preferred Materials, Inc. or to
facilities of or used by Preferred Materials, Inc.
Insurance is primary and non-contributory