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Backup Documents 12/08/2015 Item #16E 6 (CFS Roofing) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI C4 M COUN 0911.11 Routed by Procurement Services to the Risk M Following Addressee(s) (In routing order) Office Initials �t 1. Risk Management Risk &-1015 2. County Attorney Office County Attorney Office ?X'") I a/i 3. BCC Office Board of County Commissioners \04-6)/ SVS- 4. Minutes and Records Clerk of Court's Office `?,) \ 1.45115 2' 13 5. Return to Procurement Services Procurement Services ,r ` Division Contact: Diana De Leon PRIMARY CONTACT INFORMATION Name of Primary Diana De Leon for Jason Crouch Phone Number 252-8375 Procurement Staff December 8,2015 Contact and Date Agenda Date Item was December 8,2015 Agenda Item Number 16.E.6 Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 15-6405 CFS Roo g number if document is Number/Company to be recorded Name 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 (l signed by the Chairman,with the exception of most letters,must be reviewed and signed I `� 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 iffifbAte during the meeting have been incorporated in the attached document. The County m ra Attorney's Office has reviewed the changes,if applicable. 1 9. Initials of attorney verifying that the attached document is the version approved by the ( ', . q BCC,all changes directed by the BCC have been made,and the document is ready for th , _ o: . Chairman's signature. /� 16E6 MEMORANDUM Date: December 15, 2015 To: Diana De Leon, Contracts Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #15-6405 "Roofing Repairs and Inspection Services" for roofing repair and inspection services Contractor: CFS Roofing Services LLC Attached please find an original copy of the contract referenced above, (Item #16E6) approved by the Board of County Commissioners on Tuesday, December 8, 2015. The second original will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment f,' 1. 6 (. AGREEMENT 15-6405 for Roofing Repairs and Inspection Services THIS AGREEMENT is made and entered into this day of Deteuktovr, 2015, 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 CFS Roofing Services LLC, as Secondary Contractor authorized to do business in the State of Florida, whose business address is 12120 Amedicus Lane, Fort Myers, FL 33907 (hereinafter referred to as the "Contractor"). WITNESS ET H: 1. TERM AND COMMENCEMENT. The contract shall be for a one (1) year period, commencing on Date of Board award, and terminating one (1) year from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The Contractor shall commence the work upon issuance of a Purchase Order. This Contract shall have three (3) additional, one (1) year renewals, renewable annually. The County Manager, or 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 designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Roofing Repairs and Inspection Services for the Facilities Services Division in accordance with the terms and conditions of ITB #15-6405 and Exhibit A, Scope of Work, hereby attached and 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 procedure to obtain Work outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Although the primary user of this Contract is the Facilities Services Division, any County Division may use this contract provided sufficient funds are included in its budget. The process for obtaining services under this Contract is as follows: Prior to the start of each individual job or group of jobs, the user division shall provide a description of Work to be performed to the Primary Contractor. The Primary Contractor shall have five (5) business days to respond that they are willing and able to complete the job(s) in the required time frame. The user division will then issue a Notice to Proceed/authorize the services, provided that there has been a Purchase Order established for the work. Page -1- 16E6 No work for a specific job shall begin until the Contractor is in receipt of an approved purchase order. If the Primary Contractor cannot provide requested services within the timeframe specified by the user division, and within the required response time(s) described in ITB 15-6405, then the Secondary Contractor will be contacted. The procedure for obtaining services is the same. In each description of Work, the Owner reserves the right to specify: the period of completion; collection of liquidated damages in the event of late completion; and time and materials or lump sum. The County reserves the right to bid any job with an estimated cost of $50,000 or more. No single job may exceed $200,000. All projects that are more than $200,000 shall be competitively bid publicly by the Procurement Services Division. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or designee, in compliance with the County Procurement Ordinance, as amended and Procedures in effect at the time such services are authorized. 3. EMERGENCY WORK/SERVICES. Contractors awarded this Agreement will be utilized on a Primary and Secondary basis for emergency on-call repairs. CFS Roofing Services LLC is the Secondary Contractor under this Agreement. The Contractors may be required to do emergency repairs at times other than normal working hours. The Contractors shall be in a position to be available on a twenty-four (24) hour basis, three hundred sixty-five (365) days per year for such emergency work, The Contractors shall provide the County with an on-call telephone number for emergency service. 4. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Work pursuant to the prices offered by the Contractor in response to ITB # 15-6405 per Exhibit B, Price Schedule for time and material quotes, attached herein and incorporated by reference or subsequent quotes. Any County Agency may utilize the services offered under this contract, provided sufficient funds are included in the budget(s). This contract will be Purchase Order driven. 5. 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: CFS Roofing Services LLC 12120 Amedicus Lane Fort Myers, FL 33907 Phone: 239-561-2600; Fax: 239-208-3530 Attn: David Crowther Page -2- 16E 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 Procurement Services Division 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Director, Procurement Services Division Phone: 239-252-8407 Fax: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 6. 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. 7. 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. 8. 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. 9. 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 Page -3- 16E6 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. 10.NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Single Limit Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12.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. 12.1 The duty to defend under this Article 12 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 Page -4- c� 16 claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 12 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. 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) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) 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.CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. 16.ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Procurement Ordinance, as amended, and Procurement Procedures. 17.COMPLIANCE WITH LAWS. The 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 in F.S. § 119.0701(2) and (3) as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: Page -5- elo 16E6 (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 18.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. 19.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. 20.ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB 15-6405, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 21.WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Page -6- 16E6 E6 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 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 Page -7- 1 6 E b 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.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Services Division. 27.COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB #15-6405 any addenda, etc, made or issued pursuant to this Agreement. 28. 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. 29.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. 30.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. 31.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. 32.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. Page -8- CAtO 16E6 33.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. 34.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. 35.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. 36. 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. 37.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. ********************************* Remainder of page intentionally left blank ******************************** Page -9- • 1 6 E 6 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. } } BOARD OF COUNTY COMMISSIONERS ATTEST .;_'° , . COLLIER COUNTY, FLORIDA DwighfE. Brock,:Clerk.of>Courts ami.m.,-. By: &_ . 1 . ac . By: / �i rc.C" - S Tim Nance, Chairman ` ' Dated: a'; ..`m. 4 AP`'j (Seal) Attest as to Chairman's signature only. C`S Ro• in• 'e 0 - LC 1 Con acty By: IL_ 1., m,.. C1ntrac is First Witness \ignore // iditfrif4chkk al rt. 0 lit[O-n.' K Tyrint Witness Name n Typed Signature CeZafrk ---iOixehtii \i'frciv_rt-f Contractor's Second Witness Title col fon Aor-e_, Type/Print Witness Name A•proved as to Fe m and Legality: •' ti'/ 'ssistant linty At is rney -----,,, Root Agenda n _Q`5. Date `—= Date 12_,...c- , � Redd 1 •eputy la 1 Page -10- 1 CD 16E Exhibit A—Scope of Work Contract 15-6405 Roofing Repairs and Inspection Services 1. The Contractor shall provide labor and materials for on-call roofing repair and inspection services, for all Collier County owned and leased properties: A. The Contractor(s) shall provide qualified repair and inspection service with the following: one (1) roofing serviceman per inspection and one (1) serviceman and helper or helpers, depending upon size of repairs, service vehicle and all tools and equipment necessary for successful repair. The serviceman's per hour rate shall be for the actual time on the job. B. The Contractor(s) shall have knowledge of and experience on all types of roofing systems and demonstrate same by supplying a Manufacturer's certification for each type of roofing repair or installation proposed. C. The Contractor(s) shall provide the user division/department with an on-call telephone number for emergency service. The Contractor(s) shall be available twenty-four (24) hours a day, seven (7) days a week, three hundred sixty five (365) days a year. D. The Contractor shall be licensed to operate within Collier County and shall have an established place of business within a sixty(60) mile radius of Naples. E. For time and material quotes/estimates: Materials purchased for on-call roofing repair and inspection shall be reimbursed at cost plus applicable mark-up. The Contractor shall provide documentation of the cost for parts (i.e., invoices) for all items with the extended price of Two Hundred Fifty Dollars ($250.00)or more. F. The Contractor is to procure all permits, licenses, and certificates, or any such approvals of plans or specifications as may be required by federal, state and local laws, ordinances, rules, and regulations, for the proper execution and completion of the work under this Agreement. 2. Response Times: On an emergency basis, the Contractor shall respond on-site within one hundred twenty (120) minutes for all locations in the Naples and Marco area. The response time for the Immokalee area shall be within one hundred eighty (180) minutes. Regular service shall be made available between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding County recognized holidays. The Contractor shall supply the County with a telephone number for routine repairs/new installation. 3. On-Call Repair/Emergency Work: The Contractor may be required to do emergency repairs at times other than normal working hours. The Contractor shall be in a position to be available on a twenty-four (24) hour basis, three hundred sixty-five (365) days per year for such emergency work. The Contractor shall provide the County with an on-call telephone number for emergency service. The Contractor shall employ an adequate staff of approved technicians to provide service, taking into account vacation and other leaves. Page -11- 16E6 For on-call repairs, the Contractor shall be on-site and repairs begun within twenty-four (24) hours of the initial call being placed for all areas. 4. New Installation Work/Estimates: The Contractor shall provide written "not to exceed" estimates on all projects except on emergencies and on-call repairs. Contractor shall respond to requests for estimates for non-emergency work within two (2) days and provide written estimates within five (5) days. It shall be the Contractor's responsibility to ensure they have all information to prepare accurate estimates. 5. 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. For all projects that require the contractor to provide traffic control for work along roadways, the Contractor shall comply with the requirements of Collier County's Maintenance of Traffic Policy, copies of which are available through the Risk Management or Procurement Services. 6. Equipment: The Contractor shall own and have in good repair all equipment necessary to perform the described services in particular and the equipment necessary to complete related tasks. In the event that heavy equipment (i.e., crane, bucket truck) is needed, the user division must be notified, in advance, for approval. The reimbursement of heavy equipment expense shall be at cost and will commence once it arrives at the service site. The County reserves the right to request documentation of the Contractor's cost and to withhold payments until documentation is provided. 7. Prices: Labor quoted shall include all labor cost, insurance, overhead, profit, travel time, mileage and be exclusive of taxes. Page -12- �'� 16E6 Exhibit B — Price Schedule Contract 15-6405 Roofing Repairs and Inspection Services Hourly Rates of Personnel for Time and Material Quotes/Estimates Percentage of mark-up above 15% vendor's cost for material Hourly Normal Business After Hours Rates Rates of Hourly Rate (before 7:00 am and after Personnel 6:00 pm) Serviceman $44.00 $66.00 Helper $43.00 $64.50 "Normal Business Hours" is defined as County business hours; Monday through Friday 7:00 a.m. to 6:00 p.m. "After Hours" rates apply to weekends, County holidays, and Monday through Friday after 6:00 p.m. and before 7:00 a.m. If a requested service starts during Normal Business Hours, and extends into the After Hours period, the After Hours rate shall only be charged for time actually worked during the After Hours period. Page -13- 16E6 +��� CFSRO-1 OP ID:HB AIL t JREY DATE(MM/DDmYY) `r � CERTIFICATE OF LIABILITY INSURANCE 1 2J02/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pol)cy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and cond)tions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Dawson of Florida;Cape Coral PHONE Heather L Cox FAX Dawson of Florida dba lac.No.Exit 239-542-1533 4A/c.No):239-542-5527 3501 Del Prado Blvd.Suite 204 E.MwiESa:hCOx Cape Coral,FL 33904 AooRi�dawsoncompanies,com Matthew D.BevIns INSURERS)AFFORDING COVERAGE NAIC$ INSURER A:Bridgefield Employers 10701 INSURED CFS Roofing Services,LLC INSURER a:Cincinnati Insurance Company 10677 12120Amedicus Lane INSURER C Cincinnati Specialty 13037 Fort Myers,FL 33907 INSURER D:Chubb INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF - POLICY EXP �LTR TYPE OF INSURANCE ID WVD_ POUCY NUMBER (MM/DD/YYYYI„(MWDD(YYYY) LIMITS C X COMMERCIAL GENERAL LIABILITY EACH.OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR X CSU0064989 12/01/2015 12/0112016 PREMISES(Ea occurrence) _$ 100,000 X XCU i MED EXP(Any one person) $ 5,000 X Contractual Llab p PERSONAL a ADV INJURY $ 1,000,000 GEH'L AGGREGATE LIMIT APPLIES PER: 1 GENERAL AGGREGATE $. 2,000,000 POLICY ma KM LOC PRODUCTS-COMP/OP AGG $ 2,000,000 — OTHER: $ AUTOMOBILE LIABILITY CO BINEe 1 SINGLE LIMIT $ 1,000,000 B X ANY AUTO CAP5238606' 12/01/2015 1210112016 BODILY INJURY(Per peracn) $ ALL OWNED —.SCHEDULED BODILY INJURY Per accident AUTOS AUTOS 1 ) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS _ AUTOS (Per accident) _ PIP $ 10,000 UMBRELLA UAB... X _.... EACH OCCURRENCE $ 1,000,000 C X EXCESSLIAe CLAIMS-MADE CSU0064994 12/01/2015 12/01/2016 AGGREGATE $ 1,000,000 DEO I RETENTIONS $ WORKERS COMPENSATION X PER 0TH- AND EMPLOYERS'LIABILITY STATUTE ER YIN A ANY PROPRIETOR/PAR-NERIEXECUTIVE 083043831 01/03/2016 01/03/2017 E.L EACH ACCIDENT S 500,000 OFFICCER/MEMB£R EXCLUDED? (N N IA (Mandatory In NH). E DISEASE-EA EMPLOYEE 3 500,000 Eves describe under DESCRIPTION OF OPERATIONS below E .DISEASE-POLICY LIMIT $ 500,000 D Inland Marine 45468685 06/29/2016 08/29/2017 Rented EQ 100,000 Ded 1,000 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may Es attached If space Is required) Collier County Board of County Commissioners, its officers and employees are additional insured with respect to general liability as required by written contract. CERTIFICATE HOLDER CANCELLATION COLLI-U SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Government THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. Complex Procurement Services Div AUTHORIZED REPRESENTATIVE 3327 s,FL 3 l Trail E i y`. "r �� .`. T Naples,FL 34112 � ,..� 031988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD