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Agenda 07/11/2017 Item #16C 207/11/2017 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid # 17-7134, Roofing Maintenance and Remedial Repairs, for countywide use to FA Remodeling and Repairs, Inc., as the Primary Contractor, and Crowther Roofing and Sheet Metal of Florida, Inc., as the Secondary Contractor; and authorize the Chair to sign the attached Agreements. OBJECTIVE: To obtain preventative maintenance and repair services of roofing systems for all Collier County owned and leased facilities to maintain the integrity and continuous operations in the most cost effective manner for the County. CONSIDERATIONS: Collier County operates a number of facilities including, but not limited to, correctional facilities, the Sheriff’s Special Operations facility, and the Emergency Services Center, which require maintenance and repair services to keep them in top operating condition. The Facilities Management Division, along with other County Departments / Divisions, sought the services of qualified contractors to furnish all necessary labor, materials, equipment, tools, consumables, transportation, skills, and incidentals required for the preventative maintenance services, on-call repairs, and emergency repairs for the County buildings’ roofs and roofing systems. On April 17, 2017, the Procurement Services Division released notices of Invitation to Bid # 17 -7134 to one thousand eight hundred and seventy (1,870) companies. Thirty-eight (38) prospective bidders downloaded bid packages, and two (2) companies submitted bids by the May 22, 2017, deadline. County Staff recommends that ITB # 17-7134, Roofing Maintenance and Remedial Repairs, be awarded to FA Remodeling and Repairs, Inc., as the Primary Contractor, and Crowther Roofing and Sheet Metal of Florida, Inc., as the Secondary Contractor. FA Remodeling and Repairs, Inc. was the lowest, responsive, and responsible vendor, followed by Crowther Roofing and Sheet Metal of Florida, Inc. All work will be issued and performed using standard County Purchase Orders. The proposed Agreements are for a three (3) year term, with the County having the right to renew for two (2) additional one (1) year periods. When replacements and new installations are needed, they will be procured separately and apart from these Agreements following the County’s stan dard competitive quote or bid process. While the County intends to use the contractors awarded, to ensure the lowest costs for these services, the County reserves the right at any time to use other vendors for the services described by requesting additional quotes or bids under a separate solicitation to obtain pricing from other contractors. FISCAL IMPACT: The anticipated annual cost of this Agreement is approximately $450,000. This amount can increase should other facilities be added to the County during this Agreement. Adequate funds are appropriated annually in the Unincorporated General Fund (Fund 001) for Facilities Management Division. Other County Departments / Divisions may use these Agreements based on their available budget. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this action. 07/11/2017 RECOMMENDATION: Award Invitation to Bid 17-7134 Roofing Maintenance and Remedial Repairs for countywide use to FA Remodeling and Repairs, Inc., as the Primary Contractor, and Crowther Roofing and Sheet Metal of Florida, Inc., as the Secondary Contractor; and authorize the Chair to sign the attached Agreements. Prepared by: Miguel Carballo, Facilities Manager, Facilities Management Division ATTACHMENT(S) 1. 17-7134 NORA (PDF) 2. 17-7134_BIDTAB (PDF) 3. 17-7134 ITB Roofing Maintenance and Remedial Repairs (PDF) 4. 17-7134 ITB Addendum #1 (PDF) 5. 17-7134 ITB Addendum #2 (PDF) 6. 17-7134 Agreement Crowther Roofing-Signed (PDF) 7. 17-7134 Agreement FA Remodel-Signed (PDF) 07/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Doc ID: 3381 Item Summary: Recommendation to award Invitation to Bid # 17-7134, Roofing Maintenance and Remedial Repairs, for countywide use to FA Remodeling and Repairs, Inc., as the Primary Contractor, and Crowther Roofing and Sheet Metal of Florida, Inc., as the Secondary Contractor; and authorize the Chair to sign the attached Agreements. Meeting Date: 07/11/2017 Prepared by: Title: Manager - Facilities – Facilities Management Name: Miguel Carballo 06/15/2017 4:20 PM Submitted by: Title: Division Director - Facilities Mgmt – Facilities Management Name: Dennis Linguidi 06/15/2017 4:20 PM Approved By: Review: Facilities Management Dennis Linguidi Additional Reviewer Completed 06/15/2017 4:25 PM Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 06/16/2017 1:19 PM Procurement Services Sandra Herrera Additional Reviewer Completed 06/16/2017 1:29 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 06/16/2017 3:04 PM Solid and Hazardous Waste Dayne Atkinson Additional Reviewer Completed 06/16/2017 5:44 PM Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 06/16/2017 6:10 PM Public Utilities Department Heather Bustos Level 1 Division Reviewer Completed 06/19/2017 1:15 PM Procurement Services Ted Coyman Additional Reviewer Completed 06/20/2017 8:40 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 06/20/2017 8:11 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/21/2017 8:56 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/21/2017 9:18 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/21/2017 1:16 PM Budget and Management Office Ed Finn Additional Reviewer Completed 06/27/2017 2:45 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/02/2017 12:41 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM Date: June 13, 2017 Collier Comity Administrative Services Department Procurement Services Division Notice of Recommended Award Solicitation: ITB 17-7134 Title: Roofing Maintenance and Remedial Repairs FDue Date and Time__ __�! May 22, 2017 @ 2:30 PM Respondents _ -------- Company Name City County State Bid Amount Responsive/Responsible FA Remodeling and Repairs, Inc. Naples Collier FL $3,960.0011 YES/YES Crowther Roofing & Sheet Metal of Florida, Inc. Ft. Myers Lee FL $4,062.00 YES/YES Utilized Local Vendor Preference: Yes ; No Both vendors claimed LVP Status Recommended Vendors) For Award: Primary: FA Remodeling and Repairs, Inc. Secondary: Crowther Roofing & Sheet Metal of Florida, Inc. Required Signatures Project Manager: ���� i :� �-4� Date: j%c/7 1 r Cas, • Procurement Strategist: ! y Date: L; -- L'4 . Z© l -4 P u nt Services Direct Edward F. Coyman 7Jr. Date PM: Rady Edreva PS: Brenda Brilhart ITB 17-7134 Roofing Maintenance and Remedial Repairs Notices: 1,870 Pkgs Downloaded: 38 Bids: 2 Page 1 of 1 Item Category Qty Unit of measure Unit Price Total Unit Price Total 1 Project manager 1 per hour 61.00$ 61.00$ 75.00$ 75.00$ 2 Site Supervisor/Roofing Foreman 1 per hour 55.00$ 55.00$ 55.00$ 55.00$ 3 Roofing Mechanic 1 per hour 51.00$ 51.00$ 45.00$ 45.00$ 4 Roofing Helper 1 per hour 38.00$ 38.00$ 42.00$ 42.00$ 5 Sheet Metal Worker 1 per hour 51.00$ 51.00$ 45.00$ 45.00$ 6 Laborer 1 per hour 38.00$ 38.00$ 40.00$ 40.00$ 7 Carpenter 1 per hour 46.00$ 46.00$ 45.00$ 45.00$ 8 Inspector 1 per hour 42.00$ 42.00$ 52.00$ 52.00$ 11 Project manager 1 per hour 68.00$ 68.00$ 95.00$ 95.00$ 12 Site Supervisor/Roofing Foreman 1 per hour 61.00$ 61.00$ 72.00$ 72.00$ 13 Roofing Mechanic 1 per hour 58.00$ 58.00$ 58.00$ 58.00$ 14 Roofing Helper 1 per hour 42.00$ 42.00$ 52.00$ 52.00$ 15 Sheet Metal Worker 1 per hour 58.00$ 58.00$ 58.00$ 58.00$ 16 Laborer 1 per hour 42.00$ 42.00$ 50.00$ 50.00$ 17 Carpenter 1 per hour 51.00$ 51.00$ 58.00$ 58.00$ 18 Inspector 1 per hour 48.00$ 48.00$ 70.00$ 70.00$ 21 Mark-up for Parts, Materials, Supplies, etc. (Not to exceed 5%)1,500.00$ 5%1,575.00$ 5%1,575.00$ 22 Mark-up for Subcontractor (Not to exceed 5%)1,500.00$ 5%1,575.00$ 5%1,575.00$ TOTAL BASE BID 3,960.00$ 4,062.00$ THE BIDDER IS AUTHORIZED AND APPROVED FOR WARRANTY REPAIR WORK BY THE FOLLOWING MANUFACTURERS (Manufacturers acceptable per the Collier County Facilities Management Vertical Standards include Firestone, GAF, John Mansville, Siplast, Soprema, Tamko or other similar manufacturer) Local Vendor Preference Yes Yes Immigration Affidavit & MOU or Profile Page Yes / On File Yes / On File W-9 Yes Yes Insurance Yes Yes Licenses g Contractor Certified General Contractor Cert Roofing & Sheet Metal of Florida Statement of Experience Yes Yes Brenda Brilhart, Procurement Strategist 5/22/2017 Viviana Giarimoustas, Witness Crowther Roofing Ft. Myers Firestone, GAF, Johns Manville, Siplast, Soprema, Tamko, Tremco, Berridge, Carlisle, Celcore, CCSM, Derbigum, Englert, Fabral, GACO, Garland, Owens Corning, Petersen, Polyglass and Sarnafil Gaco Flex, Tremco NORMAL BUSINESS HOURS AFTER HOURS Basic equipment (air tools, saws, hand tools, etc.) will be expected to be provided in the pricing and no charge allowed. Equipment cost for internal resources must be incorporated in the pricing structure. Specialty equipment, such as, a crane, bucket lift, etc. will be allowed to be rented at cost with proper supporting documentation. FA Remodeling and Repairs, Inc. #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 1 INVITATION TO BID Date: April 17, 2017 From: Brenda Brilhart, Procurement Strategist (239) 252-8446 (Telephone) (239) 252-6697 (FAX) Brendabrilhart@colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: 17-7134 Roofing Maintenance and Remedial Repairs As requested by the Facilities Management Division, the Collier County Board of County Commissioners Procurement Services Division has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County’s competitive procurement process. cc: Miguel Carballo, Manager, Facilities Management Division Dennis Linguidi, Director, Facilities Management Division Rady Edreva, Operations Analyst, Facilities Management Division Our new address is 3295 Tamiami Trail East, Naples Florida 34112 #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 2 Invitation to Bid Index Public Notice ................................................................................................................... 3 Exhibit I: Scope of Work, Specifications and Response Format ..................................... 4 Exhibit II: General Bid Instructions.................................................................................. 6 Exhibit III: Standard Purchase Order Terms and Conditions ......................................... 11 Exhibit IV: Additional ITB Terms and Conditions ........................................................... 14 Attachment 1: Vendor Submittal - Vendor’s Non-Response Statement .......................... 22 Attachment 2: Vendor’s Check List ............................................................................... 23 Attachment 3: Vendor Submittal - Bid Response Form.................................................. 24 Attachment 4: Vendor Submittal – Local Vendor Preference Affidavit ............................ 26 Attachment 5: Vendor Submittal – Immigration Affidavit ................................................ 27 Attachment 6: Vendor Substitute W – 9 .......................................................................... 28 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements ..................... 29 Attachment 8: STATEMENT OF EXPERIENCE OF BIDDER 30 Exhibit A – Scope of Services……………………………………………………………………….31 #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 3 Public Notice Sealed bid responses for 17-7134 Solicitation Roofing Maintenance and Remedial Repairs will be received electronically only at the Collier County’s on line bidding system www.colliergov.net/bid until 2:30 PM, Collier County local time on May 15, 2015. Solicitation responses received after the stated time and date will not be accepted. Solicitation 17-7134 Roofing Maintenance and Remedial Repairs A non-mandatory pre-bid conference will be held on May 2, 2017, commencing promptly at 10:30 AM and held at Collier County Government, Procurement Services Division -- note our new address 3295 Tamiami Trail E, Naples, FL 34112. All questions regarding this ITB must be submitted online on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response forms included and only available for download from the Collier County Procurement Services Division Online Bidding System website noted herein. ITB Documents obtained from sources other than Collier County Procurement Services Division may not be accurate or current . Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Edward F. Coyman, Jr. Director, Procurement Services Division Publicly posted on the Collier County Procurement Services Division website: www.colliergov.net/purchasing and in the lobby of the Procurement Services Division Building on April 17, 2017. #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 4 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Facilities Management Division (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Invitation to Bid (hereinafter, “ITB”) with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. Brief Description of Purchase Collier County Facilities Division is responsible for maintaining various County owned and leased buildings and facilities throughout Collier County. In order to maintain the integrity and continuous operation of these facilities, the County intends to award contract(s) to perform: (1) Roofing Repairs; (2) Emergency Roofing Repairs; and (3) Roof Maintenance. In Fiscal Year 2017 Y-T-D, the County spent approximately $150,000 for maintenance and remedial repairs; however future annual expenditures will be based on the County’s needs and available budget. All County Departments may utilize the resulting contract. Detailed Scope of Services – See Exhibit A Award Criteria ITB award criteria are as follows:  All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions  Award shall be based upon the responses to all questions on the Bid Response Page(s).  Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects.  Prices will be read in public exactly as input on the electronic bid response form at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response.  The County’s Procurement Services Division reserves the right to clarify a vendor’s proposal prior to the award of the solicitation.  It is the intent of the County to award to the lowest, responsive and responsible vendor(s).  The County reserves the right to select one, or more than one contractors; however, it is intent of the County to award to multiple vendors.  Should the County award the services to two (2) or more Contractors, and one of the Contractor(s) consistently does not perform their assigned responsibilities, the County retains the right and authority to reassign work to one of the other Contractors awarded so as not to leave County facilities vulnerable or in disrepair. While the County intends to use the Contractor(s) awarded as a part of this solicitation, the County reserves the right at any time to request additional quotes or bids from other contractors following the process outlined in the Board’s Procurement Ordinance.  The County intends to award Primary, Secondary and Tertiary, etc contracts to the lowest, responsive and responsible bidders.  Work assignments/projects cannot exceed $100,000 each. The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 5 Term of Contract The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made prior to the contract anniversary date, in writing, to the Procurement Director. Price adjustments may be based upon multiple factors: market conditions and rate, budget availability and program manager approval, or a combination thereof. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Timetable Event Date Issue Solicitation Notice 4/17/17 Last Date for Receipt of Written Questions 5/10/17 Pre-solicitation meeting 5/2/17 @ 10:30 AM Addendum Issued By 5/11/17 Solicitation Deadline Date and Time 2:30 PM 5/15/17 Anticipated Evaluation of Submittals Week of 5/22/17 Anticipated Board of County Commissioner’s Contract Approval 6/27/17 Vendor Required Documents:  Attachment 2: Vendor’s Check List  Attachment 3: Vendor Bid Response Form  Attachment 4: Local Vendor Preference  Attachment 5: Immigration Law Affidavit  Attachment 6: Vendor Substitute W-9  Attachment 7: Insurance and Bonding Requirement  Attachment 8: Statement of Experience The following items shall be produced with the submission of the bid: a. The Contractor(s) must have the ability to operate business in the State of Florida as evidenced by a current State of Florida registration with minimum classification of: “Roofing Contractor”. b. American National Standards Institute (ANSI) Certified or equivalent certification for Sheet Metal Fabrication. c. Certified and/or Registered by one or more roofing manufacturers including, GAF, Soprema, Firestone, Siplast, Tamko, John Manville, or other similar roofing manufacturers. Include supporting documentation in bid package such as certifications, authorization letters and/or other documentation directly from those manufacturers. d. Provide evidence of five (5) years of primary experience working with similar sized agencies and services listed in the scope. Include description of project, contact name, title, address, phone and email address. (Attachment 8) e. Provide at least three (3) current customer references, including names, addresses, phone numbers and email addresses. f. Provide list of owned and/or leased equipment and machinery to demonstrate the Contractor’s ability to perform the work. At a minimum, the list should contain two (2) lift elevator trucks, one (1) 20’ to 30’ lift, two (2) tar kettles, and one (1) crane. #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 6 Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Procurement Services Division (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the “ITB”, or “Bid”) with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the “Vendor” All bids must be submitted on the Bid form furnished by the County noted in Attachments of this ITB. No bid will be considered unless Bid forms are properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 4. Equal Product Manufacturer’s name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer’s items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless samples are delivered to specified address by bid due date. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 7 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled “EXCEPTIONS TO SPECIFICATIONS.” Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully complies with the specifications as written. The County, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor’s exceptions may be declared grounds for rejection of bid proposal. 7. Addenda The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission All electronic bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: www.colliergov.net/bid Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Procurement Services Division Internet bid site. 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Procurement Services Division Internet website: www.colliergov.net/bid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 10. Protests Any prospective vendor/proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County’s then current Procurement Ordinance and policies. 11. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non-responsive. Bids that do not meet #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 8 all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 12. Local Vendor Preference (LVP) The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Procurement Ordinance. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor’s staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation, bidders desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder who fails to submit sufficient documentation with their bid offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Procurement Services Division shall determine if the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to businesses with drug-free workplace programs). If the lowest local bidder meets the requirements of Fla. Stat. Sec. 287.087, the Procurement Services Division shall invite the lowest local bidder to submit a matching offer, less one (1) dollar, within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 9 Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 13. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program:  Commodity based procurement where no services are provided.  Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder’s/vendor’s proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the “Exceptions to the program” clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor’s responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 14. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 10 meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Procurement Services Division. 15. Certificate of Authority to Conduct Business in the State of Florida (FL Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification; the County will give local vendor preference. 17. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Award shall be made in a manner consistent with the County’s Procurement Ordinance. Award recommendations will be posted outside the offices of the Procurement Services Division as well as on the Collier County Procurement Services Division website on Wednesdays and Thursdays prior to the County Commission meetings. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the “Protest Policy” is available at the office of the Procurement Director. 18. Reserved Rights Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 11 Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 12 is not a waiver of the COUNTY’S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, 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. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non-Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non-infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 13 without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 14 Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services During the contract term, Collier County reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor and as per the Procurement Services Ordinances/Polices. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 4. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor’s non-performance. 5. Termination Should the Contractor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s Procurement Ordinance. 6. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 7. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 15 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor’s work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 8. Florida Wood Products The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. 9. Public Records Compliance Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: 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: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 10. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 16 otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 11. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector’s Office at (239) 252-2477. 12. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County’s satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County’s project manager shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 13. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. 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. 14. Invoice and Payments Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include:  Purchase Order Number  Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract. #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 17 Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk@collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include:  Traditional – payment by check, wire transfer or other cash equivalent.  Standard – payment by purchasing card. Collier County’s Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County’s credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an “Additional Cash Discount.” Upon execution of the Contract and completion of each month’s work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed (County's fiscal year is October 1 - September 30). Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 15. Survivability The Contractor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 17-7134 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 18 16. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Insurance and Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County’s separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor’s sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 19 these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 17. Collier County Information Technology Requirements All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Procurement Services Division website: www.colliergov.net/purchasing. On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non-responsive. 18. Security and Background Checks The Contractor is required to comply with County Ordinance 2004-52, as amended and CMA 5390 (Effective January 2, 2005, Revised May 1, 2009). Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division 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. All of Contractor’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 20 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 19. Maintenance of Traffic Policy For all projects that are conducted within a Collier County Right-of-Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation’s Design Standards (DS) on state roadways. These projects shall also comply with Collier County’s Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and/or Procurement Services Division and are available on-line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic (“MOT”) policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 20. Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County’s representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 21. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as “County Furnished Materials” and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor:  Required quantities of material.  Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable  Pricing and availability of goods and/or materials provided under Vendor’s agreements with material suppliers 22. Grant Compliance The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 23. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required by the County, the Vendor shall supply a list of equipment and an #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 21 hourly rate for each. Hourly rates will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. The County reserves the right to request and obtain documentation of the Vendor’s cost for time and material projects, and to withhold payments until documentation is provided. All County-purchased equipment must be new and of current manufacture in production at the time of bid opening, and carry industry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 22 Attachment 1: Vendor Submittal - Vendor’s Non-Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page. We are not responding to this ITB for the following reason(s): Solicitation: 17-7134 - Roofing Maintenance and Remedial Repairs Services requested not available through our company. Our firm could not meet specifications/scope of work. Specifications/scope of work not clearly understood (too vague, rigid, etc.) Project is too small. Insufficient time allowed for preparation of response. Incorrect address used. Please correct mailing address: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Other reason(s): _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Firm’s Complete Legal Name __________________________________________________ Address __________________________________________________ City, State, Zip __________________________________________________ Telephone Number __________________________________________________ FAX Number __________________________________________________ Signature / Title __________________________________________________ Type Name of Signature __________________________________ Date: ______ #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 23 Attachment 2: Vendor’s Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashier’s check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company’s E-Verify profile page or memorandum of understanding. 11. Copies of licenses, previous experience, equipment list, subcontractors, references or any other information as noted in this ITB (see page 5). Company Name Signature & Title Date #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 24 Attachment 3: Vendor Submittal - Bid Response Form FROM: __________________________________ Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 17-7134 - Roofing Maintenance and Remedial Repairs Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the following: * * * SEE FOLLOWING PAGES * * * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: _____% _____ Days; Net Days Bid Response Form is electronic. Please input your prices online. #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 25 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _______ day of _______________, 2017 in the County of ________________, in the State of ________. Firm’s Complete Legal Name __________________________________________________ Address __________________________________________________ City, State, Zip __________________________________________________ Florida Certificate of Authority Document Number Federal Tax Identification Number CCR # or CAGE Code __________________________________________________ Telephone Number __________________________________________________ FAX Number __________________________________________________ Signature / Title __________________________________________________ Type Name of Signature __________________________________________________ Date __________________________________________________ **************************************************************************************************** Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm’s Complete Legal Name __________________________________________________ Address __________________________________________________ City, State, Zip __________________________________________________ Contact Name __________________________________________________ Telephone Number __________________________________________________ FAX Number __________________________________________________ Email Address __________________________________________________ #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 26 Attachment 4: Vendor Submittal – Local Vendor Preference Affidavit Solicitation: 17-7134 - Roofing Maintenance and Remedial Repairs (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business Collier County Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor’s staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in Collier County or Lee County: ________ Number of Employees (Including Owner(s) or Corporate Officers):_________ Number of Employees Living in Collier County or Lee (Including Owner(s) or Corporate Officers):_______ If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor’s submission being deemed not applicable. Vendor Name: _________________________________________ Date: ________________________ Address in Collier or Lee County: _________________________________________________________ Signature: ____________________________________________ Title: ________________________ STATE OF FLORIDA COLLIER COUNTY LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this ____ Day of ________, 2017. _____________________________________________ Notary Public My Commission Expires: ________________________ (AFFIX OFFICIAL SEAL) #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 27 Attachment 5: Vendor Submittal – Immigration Affidavit Solicitation: 17-7134 - Roofing Maintenance and Remedial Repairs This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB’s) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor’s/ bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor / Bidder’s proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor’s / Bidder’s proposal. Company Name ____________________________________________________________________ Print Name Title _______________________ Signature Date _______________________ State of ___________________ County of _________________ The foregoing instrument was signed and acknowledged before me this ______day of ________________, 20___, by _______________________________ who has produced _____________________________ as identification. (Print or Type Name) (Type of Identification and Number) _____________________________________ Notary Public Signature _____________________________________ Printed Name of Notary Public _____________________________________ Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 28 Attachment 6: Vendor Substitute W – 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name ___________________________________________________________________________________ (as shown on income tax return) Business Name ___________________________________________________________________________________ (if different from taxpayer name) Address ____________________________________ City _______________________________________________ State ______________________________________ Zip ________________________________________________ Telephone __________________ FAX ______________________ Email __________________________________ Order Information Address ___________________________________ Remit / Payment Information Address ____________________________________________ City __________ State ________ Zip ___________ City _____________ State _________ Zip ______________ FAX ______________________________________ Email _____________________________________ FAX ______________________________________________ Email _____________________________________________ 2. Company Status (check only one) Individual / Sole Proprietor Corporation Partnership Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) Limited Liability Company Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) _______________________________________________________________ (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature ____________________________________________________ Date _____________________________ Title ________________________________________________________ Phone Number _____________________ #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 29 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. Employer’s Liability $1,000,000 single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $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. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/ Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 4. Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $__________ per claim and in the aggregate  $1,000,000 per claim and in the aggregate  $2,000,000 per claim and in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence Employee Dishonesty / Crime $__________ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 30 6. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. Thirty (30) Days Cancellation Notice required. RLC 9/14/2016 Vendor’s Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm _______________________________________ Date ____________________________ Vendor Signature _________________________________________________________________________ Print Name _________________________________________________________________________ Insurance Agency _________________________________________________________________________ Agent Name _______________________________________ Telephone Number _________________ #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 31 Attachment 8: Vendor Submittal – Statement of Experience STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project, Location, Dollar Value & Duration Reference (include phone # or email address) 1. 2. 3. 4. 5. 6. Company: ___________________________________________________________________ Signature: __________________________________________________ Date: _________ If needed, provide on separate sheet of paper. #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 32 EXHIBIT A – SCOPE OF SERVICES 17-7134 Roofing Maintenance and Remedial Repairs The intent of this solicitation is to obtain roofing repairs and periodic maintenance services of roofing systems for County owned and operated facilities in order to minimize operational down time and for facilities to be maintained in top operating condition. A qualified bidder will provide qualified roofing system repairs; other roofing related services; roofing systems maintenance services; remedial repairs; and emergency roofing repair services. The Scope of anticipated work includes, but not limited to the following, depending on the condition, incident, and/or need:  Roof repair and maintenance including as may be required, but not limited to: o Providing temporary tarping and/or related protection services o Demolition associated with repairs o Roof blocking, cant strips and sheathing as required o Built-up roofing systems o Metal roofing systems o Shingle Roofing Systems o Tile Roofing Systems o Roof insulation systems o Gutters and downspouts o Exterior soffits and fascia o Parapet flashings, membranes, metal siding and copings o Membrane and sheet metal flashings o Metal trims, cap flashings, etc, o Skylights repair/replacement o Roofing curbs o Mechanical equipment supports o Piping supports o Scuppers, roof drains, overflow drains, etc. o Lightning protection repair or removal o Flashings and sealants related to mechanical and electrical systems roof work, o Disposing of any waste associated with the repair work  Roof cleaning  Any and all other roof related repairs  Applying for and obtaining applicable permits;  Roof related maintenance o Gutter and downspout cleaning o Roof drain cleaning o Debris removal o Metal roof cleaning o Shingle roof cleaning o Tile roof cleaning  Warranty certifications, reporting and submittals ensuring compliance and continuity of manufacturer’s and contractor’s warranty as applicable, and providing manufacturer’s acknowledgement of compliance and acceptance of repairs and warranty work provided. The County representative or designee must use the Primary Contractor as awarded by the resultant Contract. If the Primary Contractor cannot provide requested services within the timeframe and requirements specified by the County’s representative, then the Secondary Contractor will be #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 33 contacted. If the Secondary Contractor cannot provide requested services within the timeframe and requirements specified by the County Representative then the Tertiary Contractor will be contacted. Bidder(s) may also be required to use the County’s Work Management procedures, such as utilizing internal work request forms or future online work request system, at no additional cost to the County or Contractor. The Contractor will be responsible for utilizing any systems used by the County for work requests under this Agreement, when applicable. All bidders must provide requested certifications and licenses necessary to perform the services outlined in the bid specifications, if applicable. These credentials must be provided prior to the award of a contract. The awarded Contractor(s) shall use qualified technicians to complete all work in accordance with the requirements specified in the bid. Technician credentials may be requested by the County. All facility maintenance and related repairs shall conform to Florida Building Codes, all existing Governing Authorities Codes and Regulations. All projects are required to be in compliance with the following: 1. Contractors will comply with the specifications/qualifications required by the National Roofing Contractors Association (NRCA) and comply with NRCA and SMACNA standards, 2. Contractors will provide and maintain roofing systems in accordance with Manufacturer’s technical specifications and warranty requirements, as applicable. 3. All work must be completed in compliance with Collier County vertical standards unless specifically exempted in writing by Facilities Management Division Representative or designee. The latest Standards are located at the following website: http://www.colliergov.net/your-government/divisions-f-r/facilities-management/vertical-construction-standards. The Standards are considered to be “living documents” and the awarded contractor(s) shall review and reference the latest version when proposing work. Failure to comply with these Standards will result in the out-of-compliance work being remediated by the responsible contractor(s) at no additional cost to the County. Typically, maintenance and repair services will be completed during normal business hours; however, the County may request services during off-hours, as deemed necessary by the County Representative and/or designee. Normal business hours are considered Monday through Friday between 7:00 AM and 6:00 PM. After hours are considered before 7:00 AM and after 6:00 PM on weekdays and at any time on Saturday, Sunday or County Observed Holiday. An after-hours rate will be allowed for off-hours services. Contractor’s Responsibilities 1. Provide Regular maintenance, remedial repairs and after hours services:  Remedial repair services: Once a purchase order is issued, the County representative or designee would expect that the work commence within five (5) business days, unless otherwise directed by the County representative or designee.  On-Call Maintenance and Repair Work: The County will issue a written work request for on-call maintenance and repair work. The County representative or designee would expect that the on-call service for regular maintenance and repair commence within five (5) business days from the authorization notification, unless otherwise directed by the County representative or designee. Emergency repair work shall commence within four (4) hours from the initial work request. #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 34  After Hours Services: The County representative or designee will identify the needed maintenance and repair and request that work be completed as soon as reasonably practicable. The County representative or designee may direct the Contractor to commence work through a written communication. In the event that the Contractor does not fulfill these response requirements, the County reserves the right to contact other Contractor(s) to perform the scope of work. 2. Contractor(s) shall furnish all necessary qualified labor, materials, equipment, tools, consumables, transportation, skills, and incidentals required for the maintenance services, repairs, and miscellaneous services for the County’s facilities. 3. Response time:  Emergency response: For maintenance and repairs needed for the health, safety and well being of the County staff and/or public, the emergency response shall be provided in no more than four (4) hours from the time of the initial contact.  Non-emergency response: a response (at a minimum a telephone call) within twenty four (24) hours is acceptable. For non-emergency repairs, the Contractor must be on-site and repairs begun within five (5) days of the purchase order being issued and/or work authorization for all areas unless the County Representative and/or designee, approves a different amount of time for response. 4. On-call Schedule: The awarded Contractor(s) will provide an on-call schedule twenty-four (24) hours a day, seven (7) days a week. Successful bidder(s) shall provide the County with an on-call telephone number(s) for both routine and after hours service. 5. When required, the Contractor must use a qualified professional or company representative (with all related licenses and certifications being current and in full force and effect) with the experience and ability to obtain all permits required for any and all repairs, etc. when necessary and applicable. 6. Repair Materials: All repair parts and materials must be as specified in the work request. If the work request is not specific and/or the Collier County Vertical Standards do not specify, then the parts/materials must be approved by the County Representative and/or designee. The Contractor(s) will be required to provide proof of the materials/supplies supplied by providing invoices and/or photographs at the time of invoice submission. The Contractor(s) shall be required to expressly warrant that all materials are new and free from defects, warranted for their merchantability and meet the performance specifications of the original material. In the event a portion, or all of an order, is found to be defective when delivered and/ or installed, the Contractor shall immediately replace the parts at no cost to the County. 7. Additions and Deletions of Equipment: The County retains the right to add or to delete any facilities from service provided under the resultant contract as described herein, upon written notification by the County Representative or designee to the Contractor, without further Board approval. Any additions or deletions shall be handled in writing from the County Representative or designee.. 8. Records and Documentation: The Contractor(s) is responsible to maintain and update records for services provided. The documentation will include, and not be limited to, records of all service calls, maintenance performed, and any modifications, if applicable. The Contractor(s) will not charge for any call back work. All reports shall be sent to the County Representative or designee, #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 35 noting date, repair, materials, location, and/or disposal information. When submitting a “time and material” invoice, the Contractor shall provide:  An itemized breakdown of labor time spent by the Contractor's employees (number of hours times hourly rate), and supplies, parts, and materials used (cost plus percentage mark-up). The itemized breakdown will reflect all rates provided in the bid schedule.  A number of hours worked and billing rate by position (company (or subcontractor) timekeeping or payroll records will not be required). Hourly time will be paid only for actual time at the worksite.  Backup documentation and receipts/invoices for any supply, material, parts, equipment rental, subcontractor charges and other reimbursable documentation for the project.  Ancillary charges may be transferred to the County in the actual amount; however, mark-ups will not be allowed. Mark-ups will not be allowed on sales tax, consumer fees or taxes, use and other similar taxes, or fees associated with any work under this Agreement.  Freight and shipping charges will not be allowed and should be included in the bid pricing.  Travel hours, travel costs, and/or mileage for travel will not be allowed and should be incorporated into the bid pricing.  Administrative hours for quoting, invoicing, providing back-up and supporting documentation will not be allowed and should be incorporated into the bid pricing. 9. Post Work Inspections: The County and the Contractor(s) will conduct an inspection of the completed services provided in response to any resulting purchase order. A post inspection report will be completed by the contractor and provided to the County prior to invoicing for services. Any deficiencies noted during an inspection shall be corrected before final acceptance. Such deficiencies will be corrected within 24 hours after receipt of notification or other time specified by the County Representative or designee, at the Contractor’s expense, or the County may follow the provisions in Performance Measures and Contract Deductions Section. Deductions may be imposed at the time of initial notification for lack of performance. 10. Performance Measures and Contract Deductions: The Contractor(s) shall maintain compliance with the following performance measures:  The Contractor(s) will provide all required reports and records within the time frame specified to the County Representative or designee.  The Contractor(s) will advise the County, in writing, of any extenuating circumstances that will prohibit the Contractor from meeting the above-outlined performance measures.  The Contractor(s) will furnish all necessary labor, tools, equipment and services to perform contracted services specified in the contract. The term contract officer or project manager as used herein, shall mean the County Representative or designee. The Division Management and/or County Representative shall be the final authority on any issues that may arise as to the quality and acceptability of any work performed under the resultant contract. Final Acceptance by County: The County shall consider the work complete when the Contractor has completed in its entirety all of the work and the County has accepted all of the work and notified the Contractor in writing that the work is complete. Once the County has approved and accepted the work, Contractor shall be entitled to payment in accordance with the Contract requirements. Recovery of Damages Suffered by Third Parties: Contractor shall be liable to the County to the extent the County incurs damages from a third party as a result of Contractor’s failure to fulfill all of its obligations under the Contract. The recovery of any delay related damages under this Contract through for example liquidated damages, does not preclude the County from recovering from #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 36 Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Contract. When required, the County shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. The County shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the County’s procurement ordinance and policies. Payments withheld: The Project Manager or designee may decline to approve any invoice submission, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract. The Project Manager or designee may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to the Contractor under this Agreement or any other agreement between County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) Defective work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing 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 invoice amount; (e) reasonable indication that the work will not be completed within the required time; (f) unsatisfactory prosecution of the work by the Contractor; or (g) any other material breach of the Contract by Contractor. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, the County shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor’s expense. The County also may offset against any sums due to the Contractor the amount of any liquidated or non-liquidated obligations of Contractor to County, whether relating to or arising out of this Agreement or any other agreement between Contractor and County. In instances where the successful Contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the Contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed or for materials delivered in association with a contract. The Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. Interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 37 contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for County. 11. Equipment Inventory: The Contractor(s) shall, under no circumstances, remove any equipment containing a County asset sticker. The Contractor(s) shall request that, when replacing equipment, the asset sticker be removed by an appropriate County staff member authorized to adjust equipment inventory records. 12. Facility Safety and Security: Work must be performed in accordance with industry standards and guidelines. The Contractor(s) will comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of the services requested herein. Any fines levied due to inadequacies, or failure to comply with any requirements, will be the sole responsibility of the Contractor(s). Any employee or representative of the Contractor(s) found not in conformance with any laws, statutes, rules or regulations will not be allowed on job sites. Violations by a Contractor may constitute cause for immediate termination of the Agreement. The Contractor(s) shall replace or repair any loss at their cost. The County may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property or persons through negligence of the Contractor and its employees. The Contractor(s) must comply with Federal and State right-to-know laws if hazardous materials are used. Material Safety Data Sheets (MSDS) will be made available and provided to the County per the County Representative’s direction. The Contractor is required to immediately report to the County Representative or designee any spillage or dumping of hazardous material on County property. The Contractor shall bear all costs associated with the cleanup of any such incidents. The successful Contractor(s) will be asked to work in the County Jails and other areas considered being “high security”, which require thorough background checks of personnel and tools taken into the jails. 13. Exclusion of County Permits in Bid Prices: To ensure compliance with Section 218.80, Florida Statutes., otherwise known as “The Public Bid Disclosure Act”, Collier County will pay the Contractor for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. The County will not be obligated to pay for any permits obtained by Subcontractors. The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. The Contractor shall include such permit fees as a line item on their invoice. 14. Warranty: Contractor shall obtain and assign to the County all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to the County that any materials and equipment furnished under the Contract 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. Contractor further warrants to the County that all materials and equipment furnished under the Contract shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or #17-7134 – Roofing Maintenance & Remedial Repairs ITB Template_1_20_2017 38 processors except as otherwise provided for in the Contract. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract, Contractor shall correct it promptly after receipt of written notice from the County. 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 repair. Further, in the event of an emergency, the County may commence to correct any defective Work, without prior notice to Contractor, at Contractor’s expense. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. For all repair work, the Contractor shall provide a full, one (1) year no dollar limit warranty including but not limited to labor and materials. In addition, in conformance with the specified or approved roofing system, the Contractor shall provide a full manufacturer’s, no dollar limit warranty on all roofing materials supplied with the term of such warranty in conformance with either the manufacturer’s standard warranty at a minimum, or with the extended warranty requested in the detailed work request specification. Materials must have at a minimum a twenty (20) year no dollar limit warranty with all supporting documentation provided at the time of invoice submission. The Project Manager, or representative, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Contract no later than 30 days prior to expiration of the two-year roof replacement warranty. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the County to disqualify the Contractor from future bid opportunities with the County, in addition to any other rights and remedies available to the County. ADDENDUM 1 Memorandum Date: May 4, 2017 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum 1, ITB 17-7134 Roofing Maintenance and Remedial Repairs The following is issued as an addendum identifying the following change(s) for the referenced solicitation and/or clarifying material questions received: CHANGE:  The due date for this solicitation will be extended until 2:30 pm on May 22, 2017. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. cc: Miguel Carballo, Facilities Manager Rady Radoslava, Operations Analyst Margaret Bishop, Principal PM, Facilities Management Dayne Atkinson, Project Manager, PUD ADDENDUM 2 Memorandum Date: May 16, 2017 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum 2, ITB 17-7134 Roofing Maintenance and Remedial Repairs The following is issued as an addendum identifying the following change(s) for the referenced solicitation and/or clarifying material questions received: CHANGE: • Warranty – in additional to the language provided under number 14 on pages 37-38 of the solicitation, Dependent upon the scope of work, the County’s project manager may request a specific warranty for an individual project for both labor and materials (not to exceed manufacturer’s specifications). • Modify page 5 of the solicitation: “Certified and/or Registered by one or more roofing manufacturers including, GAF, Soprema, Firestone, Siplast, Tamko, John Manville, or other similar roofing manufacturers. Include supporting documentation in bid package such as certifications, authorization letters and/or other documentation directly from those manufacturers.” TREMCO will be also considered as an acceptable manufacturer. • Page 5 of the solicitation: “Provide evidence of three (3)years working with five (5) years of primary experience working with projects of similar sized agencies and services listed in the scope. Include description of project, contact name, title, address, phone and email address. (Attachment 8)” • Preventative Maintenance: An additional line item for a Licensed Roofing Contractor to provide Biannual Preventative Maintenance on all Government Roofs. For each site visit, contractor must follow the Preventative Maintenance Roof Checklist (see attached). Please note, inspection checklist to be used in conjunction with the Manufacturer’s written instructions for preventive maintenance. On Page 5 , The following items shall be produced with the submission of the bid: • DELETE: b. American National Standards Institute (ANSI) Certified or equivalent certification for Sheet Metal Fabrication. • DELETE: f. Provide list of owned and/or leased equipment and machinery to demonstrate the Contractor’s ability to perform the work. At a minimum, the list should contain two (2) lift elevator trucks, one (1) 20’ to 30’ lift, two (2) tar kettles, and one (1) crane. • Note: Language deleted has been struck through. New language has been underlined. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. cc: Dayne Atkinson, Project Manager, PUD Margaret Bishop, Principal Project Manager, Facilities Management Enc: Revised Bid Schedule Preventative Maintenance Roof Checklist AGREEMENT17-7134 for Roofing Maintenance and Remedial Repairs THIS AGREEMENT, made and entered into on this _day of 2017, by and between Crowther Roofing and Sheet Metal of Florida, Inc., Secondary Contractor authorized to do business in the State of Florida, whose business address is 2543 Rockfill Road, Fort Myers, FL 33916 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3) year period, commencing on Date of Board award and terminating three (3) years from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. 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 and 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 prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order. 3. STATEMENT OF WORK. The Contractor shall provide Roofing Maintenance and Remedial Repairs in accordance with the terms and conditions of Invitation to Bid (ITB) #17-7134 and the Contractor's proposal referred to herein and made an integral part of this Agreement, and Exhibit A — Scope of Services and Exhibit B — Price schedule, attached hereto. All work will be assigned to the Primary Contractor; and if the Primary Contractor declines to perform the work, or is unable to perform the work in the requested time period and requirements, the Work will be assigned to the Secondary Contractor. While the County intends to use the awarded Contractors, the County reserves the right at any time to request additional quotes or bids from other contractors following the process outlined in the Board's Procurement Ordinance. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, Page 1 of 17 Agreement 17-7134 Roofing Maintenance 8 Remedial Rei� Crowther Roofing and Sheet Metal of Flonda, aW,, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM The County shall pay the Contractor for the performance of the Work pursuant to Exhibit B "Price Schedule", attached hereto, and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Project Manager and/or his designee, and in compliance with Chapter 218, Fla. Statutes, otherwise known as the "Local Government Prompt Payment Act." 4.1 Price Methodology: Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these invoices include back-up documentation of costs; number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 4.2 Any County agency may obtain products and services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Crowther Roofing and Sheet Metal of Florida, Inc. 2543 Rockfill Road Fort Myers, FL 33916 Attention: Kevin Callans, President Telephone: (239) 337-1300 Fax: 239-292-9008 Page 2 of 17 Agreement 17-7134 Roofing Maintenance & Remedial Rep rs-V Crowther Roofing and Sheet Metal of Florida, lkYj All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Board of County Commissioners for Collier County, Florida c/o Collier County Facilities Management 3335 Tamiami Trail East Naples, Florida 34112 Attention: Dennis Linguidi, Director, Facilities Management Division Telephone: (239) 252-8380 Email: DennisLinguidiMiguelCarballo(cDcolliergov.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 Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS, LICENSES, TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement 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. c Page 3 of 17 ��'/ Agreement 17-7134 Rooting Maintenance & Remedial Repairs Crowther Roofing and Sheet Metal of Florida, Inc. 10. TERMINATION. Should the Contractor be found to have failed to perform the services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage 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, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material Page 4 of 17 Q Agreement 17-7134 Roofing Maintenance &Remedial Repairs Crowther Roofing and Sheet Metal of Florida, Inc. change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT, This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A - Scope of Services, Exhibit B - Price Schedule, ITB #17-7134, including the Specifications/Scope of Services and Addenda, and subsequent work assignments and quotes. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. Page 5 of 17 Agreement 17-7134 Roofing Maintenance & Remedial Repairs Crowther Roofing and Sheet Metal of Florida, Inc. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, 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 Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; 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) -(b) as stated as follows: 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: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor Page 6 of 17 Agreement 17-7134 Roofing Maintenance 8 Remedial Repairs U Crowther Roofing and Sheet Metal of Florida, Inc. transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 7 of 17 U Agreement 17-7134 Roofing Maintenance & Remedial Repairs 0 Crowther Roofing and Sheet Metal of Florida, Inc. 25. STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor's shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary; the Contract Documents shall take precedence. Additionally, the order of precedence is as follows; Contract Documents, Executive Summary, ITB including amendments, then the Contractor's Proposal. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. The Contractor is required to comply with County Ordinance, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division 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. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(cDcolliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. Page a of 17 0— Agreement 17-7134 Roofing Maintenance & Remedial Re V Crowther Roofing and Sheet Metal of Flonda, Inc. IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Dwight E. Brock, Clerk of Courts In Dated: (SEAL) FirstVritn—ess Brita Long TType/print witness name' (� Zfitness�� Dan Mazon TType/print witness nameT Approved as to Form and Legality: Assistant County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA la Page 9 of 17 Penny Taylor, Chairman Crowther Roofing and Sheet Metall of Florida, Inc. Contractor By, Signature Kevin M. Callans / President TType/print signature and titleT Agreement 17-7134 Roofing Maintenance & Remedial Repair Crcrwtber Roofing and Sheet Metal of Florida, Inc. EXHIBIT A — SCOPE OF SERVICES 17-7134 Roofing Maintenance and Remedial Repairs The Contractor provide qualified roofing system repairs; other roofing related services; roofing systems maintenance services; remedial repairs; and emergency roofing repair services. The Scope of anticipated work includes, but not limited to the following, depending on the condition, incident, and/or need: • Roof repair and maintenance including as may be required, but not limited to: o Providing temporary tarping and/or related protection services o Demolition associated with repairs C, Roof blocking, cant strips and sheathing as required o Built-up roofing systems o Metal roofing systems C, Shingle Roofing Systems o Tile Roofing Systems o Roof insulation systems o Gutters and downspouts o Exterior soffits and fascia o Parapet flashings, membranes, metal siding and copings o Membrane and sheet metal flashings o Metal trims, cap flashings, etc, o Skylights repair/replacement o Roofing curbs o Mechanical equipment supports o Piping supports o Scuppers, roof drains, overflow drains, etc. o Lightning protection repair or removal o Flashings and sealants related to mechanical and electrical systems roof work, o Disposing of any waste associated with the repair work • Roof cleaning • Any and all other roof related repairs • Applying for and obtaining applicable permits; • Roof related maintenance o Gutter and downspout cleaning o Roof drain cleaning o Debris removal o Metal roof cleaning o Shingle roof cleaning o Tile roof cleaning • Warranty certifications, reporting and submittals ensuring compliance and continuity of manufacturer's and contractor's warranty as applicable, and providing manufacturer's acknowledgement of compliance and acceptance of repairs and warranty work provided. The County representative or designee must use the Primary Contractor. If the Primary Contractor cannot provide requested services within the timeframe and requirements specified by the County's representative, then the Secondary Contractor will be contacted. x'90 Page 10 of 17 Agreement 17-7134 Roofing Maintenance & Remedial Repairs Crowther Roofing and Sheet Metal of Florida, Inc. The Contractor may also be required to use the County's Work Management procedures, such as utilizing internal work request forms or future online work request system, at no additional cost to the County or Contractor. The Contractor will be responsible for utilizing any systems used by the County for work requests under this Agreement, when applicable. The Contractor shall use qualified technicians to complete all work in accordance with the requirements specified in the bid. Technician credentials may be requested by the County. All facility maintenance and related repairs shall conform to Florida Building Codes, all existing Governing Authorities Codes and Regulations. All projects are required to be in compliance with the following: Contractors will comply with the specifications/qualifications required by the National Roofing Contractors Association (NRCA) and comply with NRCA and SMACNA standards, Contractors will provide and maintain roofing systems in accordance with Manufacturer's technical specifications and warranty requirements, as applicable. All work must be completed in compliance with Collier County vertical standards unless specifically exempted in writing by Facilities Management Division Representative or designee. The latest Standards are located at the following website: http://www.collier oq v.net/your-government/divisions-f-r/facilities-management/vertical- construction-standards. The Standards are considered to be "living documents" and the awarded contractor(s) shall review and reference the latest version when proposing work. Failure to comply with these Standards will result in the out -of -compliance work being remediated by the responsible contractor(s) at no additional cost to the County. Typically, maintenance and repair services will be completed during normal business hours; however, the County may request services during off -hours, as deemed necessary by the County Representative and/or designee. Normal business hours are considered Monday through Friday between 7:00 AM and 6:00 PM. Afterhours are considered before 7:00 AM and after 6:00 PM on weekdays and at any time on Saturday, Sunday or County Observed Holiday. An after-hours rate will be allowed for off -hours services. Contractor's Responsibilities 1. Provide Regular maintenance, remedial repairs and after hours services: Remedial repair services: Once a purchase order is issued, the County representative or designee would expect that the work commence within five (5) business days, unless otherwise directed by the County representative or designee. On -Call Maintenance and Repair Work: The County will issue a written work request for on- call maintenance and repair work. The County representative or designee would expect that the on-call service for regular maintenance and repair commence within five (5) business days from the authorization notification, unless otherwise directed by the County representative or designee. Emergency repair work shall commence within four (4) hours from the initial work request. After Hours Services: The County representative or designee will identify the needed maintenance and repair and request that work be completed as soon as reasonably practicable. The County representative or designee may direct the Contractor to commence work through a written communication. In the event that the Contractor does not fulfill these response requirements, the County reserves the right to contact other Contractor(s) to perform the scope of work. Page 11 of 17 I.r Agreement 1 Crowther Roofing Maintenance 8 Metal of Fal Repairs CrovAher Roofing and Sheet Meal of Flontla. Inc. 2. Contractor shall furnish all necessary qualified labor, materials, equipment, tools, consumables, transportation, skills, and incidentals required for the maintenance services, repairs, and miscellaneous services for the County's facilities. 3. Response time: • Emergency response: For maintenance and repairs needed for the health, safety and well being of the County staff and/or public, the emergency response shall be provided in no more than four (4) hours from the time of the initial contact. Non -emergency response: A response (at a minimum a telephone call) within twenty-four (24) hours is acceptable. For non -emergency repairs, the Contractor must be on-site and repairs begun within five (5) days of the purchase order being issued and/or work authorization for all areas unless the County Representative and/or designee, approves a different amount of time for response. 4. On-call Schedule: The Contractor will provide an on-call schedule twenty-four (24) hours a day, seven (7) days a week. The Contractor shall provide the County with an on-call telephone number(s) for both routine and after hours service. 5. When required, the Contractor must use a qualified professional or company representative (with all related licenses and certifications being current and in full force and effect) with the experience and ability to obtain all permits required for any and all repairs, etc. when necessary and applicable. 6. Repair Materials: All repair parts and materials must be as specified in the work request. If the work request is not specific and/or the Collier County Vertical Standards do not specify, then the parts/materials must be approved by the County Representative and/or designee. The Contractor will be required to provide proof of the materials/supplies supplied by providing invoices and/or photographs at the time of invoice submission. The Contractor shall be required to expressly warrant that all materials are new and free from defects, warranted for their merchantability and meet the performance specifications of the original material. In the event a portion, or all of an order, is found to be defective when delivered and/ or installed, the Contractor shall immediately replace the parts at no cost to the County. 7. Additions and Deletions of Equipment: The County retains the right to add or to delete any facilities from service provided under this Agreement as described herein, upon written notification by the County Representative or designee to the Contractor, without further Board approval. Any additions or deletions shall be handled in writing from the County Representative or designee. 8. Records and Documentation: The Contractor is responsible to maintain and update records for services provided. The documentation will include, and not be limited to, records of all service calls, maintenance performed, and any modifications, if applicable. The Contractor will not charge for any call back work. All reports shall be sent to the County Representative or designee, noting date, repair, materials, location, and/or disposal information. When submitting a "time and material" invoice, the Contractor shall provide: ✓ An itemized breakdown of labor time spent by the Contractor's employees (number of hours times hourly rate), and supplies, parts, and materials used (cost plus percentage mark-up). The itemized breakdown will reflect all rates provided in the bid schedule. ✓ A number of hours worked and billing rate by position (company (or subcontractor) timekeeping or payroll records will not be required). Hourly time will be paid only for actual time at the worksite. Page 12 of 17 Roofing �9 Agreement 17-7734 Rong Maintenance 8 Remedial Repai Crowther Roofing and Sheet Metal of Florida, Inc. ✓ Backup documentation and receipts/invoices for any supply, material, parts, equipment rental, subcontractor charges and other reimbursable documentation for the project. ✓ Ancillary charges may be transferred to the County in the actual amount; however, mark- ups will not be allowed. Mark-ups will not be allowed on sales tax, consumer fees or taxes, use and other similar taxes, or fees associated with any work under this Agreement. ✓ Freight and shipping charges will not be allowed and should be included in the bid pricing. ✓ Travel hours, travel costs, and/or mileage for travel will not be allowed and should be incorporated into the bid pricing. ✓ Administrative hours for quoting, invoicing, providing back-up and supporting documentation will not be allowed and should be incorporated into the bid pricing. 9. Post Work Inspections: The County and the Contractor will conduct an inspection of the completed services provided in response to any resulting purchase order. A post inspection report will be completed by the contractor and provided to the County prior to invoicing for services. Any deficiencies noted during an inspection shall be corrected before final acceptance. Such deficiencies will be corrected within 24 hours after receipt of notification or other time specified by the County Representative or designee, at the Contractor's expense, or the County may follow the provisions in Performance Measures and Contract Deductions Section. Deductions may be imposed at the time of initial notification for lack of performance. 10. Performance Measures and Contract Deductions: The Contractor shall maintain compliance with the following performance measures: ✓ The Contractor will provide all required reports and records within the time frame specified to the County Representative or designee. ✓ The Contractor will advise the County, in writing, of any extenuating circumstances that will prohibit the Contractor from meeting the above -outlined performance measures. ✓ The Contractor will furnish all necessary labor, tools, equipment and services to perform contracted services specified in the contract. The term contract officer or project manager as used herein, shall mean the County Representative or designee. The Division Management and/or County Representative shall be the final authority on any issues that may arise as to the quality and acceptability of any work performed under this Agreement. Final Acceptance by County: The County shall consider the work complete when the Contractor has completed in its entirety all of the work and the County has accepted all of the work and notified the Contractor in writing that the work is complete. Once the County has approved and accepted the work, Contractor shall be entitled to payment in accordance with the Contract requirements. Recovery of Damages Suffered by Third Parties: Contractor shall be liable to the County to the extent the County incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under this Agreement. The recovery of any delay related damages under this Agreement through for example liquidated damages, does not preclude the County from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. When required, the County shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the County in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. The County shall reduce the amount of the retainage withheld on each payment Page 13 of 17 �qO Agreement 17-7134 Roofing Maintenance & Remedial Repairs Crowther Roofing and Sheet Metal of Florida, Inc. request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the County's procurement ordinance and policies. Payments withheld: The Project Manager or designee may decline to approve any invoice submission, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract. The Project Manager or designee may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to the Contractor under this Agreement or any other agreement between County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) Defective work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing 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 invoice amount; (e) reasonable indication that the work will not be completed within the required time; (f) unsatisfactory prosecution of the work by the Contractor; or (g) any other material breach of the Contract by Contractor. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, the County shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. The County also may offset against any sums due to the Contractor the amount of any liquidated or non -liquidated obligations of Contractor to County, whether relating to or arising out of this Agreement or any other agreement between Contractor and County. In instances where the Contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the Contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the Contractor for services performed or for materials delivered in association with a contract. The Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. Interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for County. 11. Equipment Inventory: The Contractor shall, under no circumstances, remove any equipment containing a County asset sticker. The Contractor shall request that, when replacing equipment, the asset sticker be removed by an appropriate County staff member authorized to adjust equipment inventory records. Page 14 of 17 C.�O Agreement 17-7134 Roofing Maintenance 8 Remedial ReOairs Crowther Roofing and Sheet Metal of Flonda, Inc. 12. Facility Safety and Security: Work must be performed in accordance with industry standards and guidelines. The Contractor will comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of the services requested herein. Any fines levied due to inadequacies, or failure to comply with any requirements, will be the sole responsibility of the Contractor. Any employee or representative of the Contractor found not in conformance with any laws, statutes, rules or regulations will not be allowed on job sites. Violations by a Contractor may constitute cause for immediate termination of the Agreement. The Contractor shall replace or repair any loss at their cost. The County may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property or persons through negligence of the Contractor and its employees. The Contractor must comply with Federal and State right -to -know laws if hazardous materials are used. Material Safety Data Sheets (MSDS) will be made available and provided to the County per the County Representative's direction. The Contractor is required to immediately report to the County Representative or designee any spillage or dumping of hazardous material on County property. The Contractor shall bear all costs associated with the cleanup of any such incidents. The Contractor will be asked to work in the County Jails and other areas considered being "high security", which require thorough background checks of personnel and tools taken into the jails. 13. Exclusion of County Permits in Bid Prices: To ensure compliance with Section 218.80, Florida Statutes., otherwise known as "The Public Bid Disclosure Act", Collier County will pay the Contractor for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, the Contractor shall not include these permittfee amounts in their bid offer. However, the Contractor shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. The County will not be obligated to pay for any permits obtained by Subcontractors. The Contractor shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. The Contractor shall include such permit fees as a line item on their invoice. 14. Warranty: Contractor shall obtain and assign to the County all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to the County that any materials and equipment furnished under the Contract 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. Contractor further warrants to the County that all materials and equipment furnished under the Contract 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. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract, Contractor shall correct it promptly after receipt of written notice from the County. 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 repair. Further, in the event of an emergency, the County may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. For all repair work, the Contractor shall provide a full, one (1) year no dollar limit warranty including but not limited to labor and materials. In addition, in conformance with the specified or approved roofing system, the Contractor shall provide a full manufacturer's, no dollar limit warranty on all roofing materials supplied with the term of such warranty in conformance with Page 15 of 17 Y Agreement 17-7134 Roofing Maintenance &Remedial Repairs 0 Crowther Roofing and Sheet Metal of Florida, Inc. either the manufacturer's standard warranty at a minimum, or with the extended warranty requested in the detailed work request specification. Materials must have at a minimum a twenty (20) year no dollar limit warranty with all supporting documentation provided at the time of invoice submission. The Project Manager, or representative, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Contract no later than 30 days prior to expiration of the two-year roof replacement warranty. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the County to disqualify the Contractor from future bid opportunities with the County, in addition to any other rights and remedies available to the County. Dependent upon the scope of work, the County's project manager may request a specific warranty for an individual project for both labor and materials (not to exceed manufacturer's specifications). Page 16 of 17Q Agreement 17-7134 Roofing Maintenance 8 Remedial Repairs Crowther Roofing and Sheet Metal of Flonda, Inc. EXHIBIT B — PRICE SCHEDULE (following this page ITB Pricing) Page 17 of 17 Q Agreement 17-7134 Roofing Maintenance 8 Remedial Repairs Crowther Roofing and Sheet Metal of Florida, Inc, 9 'O N A A b 0 w `< m n w � � p Na N c x� m � c w � m � o a� m � a� v o m J. O P N ' V J p C b 0 �a O w c J � a � 0 0 0 aJ 3 0 o y m a y $ x m wJ m R V b C F+ N y �• n c n r 0 c m c `< c n' m o� a o � w N n x O O N w N W 0 0 a� c n m „m� N fj' N O �m c T n a � m � O n w N �V O y m y o 3 O W m b N w m S o O O A N oA. m m m m S o OO O o N m O m m > j m ay N T 0 T 0 w w o J J w = x m' fl N nm n N ' o 'L w n m �Op 00 nX ryN a 2 O A 3 D mW A � N x o m C W W N x O C fA/! en M 0 0 o c O o a m Z N N fU N W b N m b 0 0 0 0 0 t 0 c 0 c 0 c 0 C 0 C 0 c 0 c J' 0 c z • 0 c S 0 c 9' 0 c J' 0 C J' 0 c 'J 0 c S 0 c N m N C la W H E9 (A fA fA vi fA dl Nf fA W df fn f» f» c 9 a? W N N N N O N N N N N d1 69 69 di Vf fA dl fR M fA 69 4i Fp Vi di fA df f9 69 O d A 11 yy yy O O O O O 0s N m N N N N O N N N N (vil 9 'O N A A b 0 w `< m n w � � p Na N c x� m � c w � m � o a� m � a� v o m J. O P N ' V J p C b 0 �a O w c J � a � 0 0 0 aJ 3 0 o y m a y $ x m wJ m R V b C F+ N y �• n c n r 0 c m c `< c n' m o� a o � w N n x O O N w N W 0 0 a� c n m „m� N fj' N O �m c T n a � m � O n w N �V O y m y o w N i] E O w m A G R E E M E N T 17-7134 for Roofing Maintenance and Remedial Repairs THIS AGREEMENT, made and entered into on this _day of 2017, by and between FA Remodeling and Repairs, Inc., Primary Contractor authorized to do business in the State of Florida, whose business address is 2190 21St Street, SW, Naples Florida 34117 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3) year period, commencing on Date of Board award and terminating three (3) years from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. 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 and 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 prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order. 3. STATEMENT OF WORK. The Contractor shall provide Roofing Maintenance and Remedial Repairs in accordance with the terms and conditions of Invitation to Bid (ITB) #17-7134 and the Contractor's proposal referred to herein and made an integral part of this Agreement, and Exhibit A — Scope of Services and Exhibit B — Price schedule, attached hereto. All work will be assigned to the Primary Contractor; and if the Primary Contractor declines to perform the work, or is unable to perform the work in the requested time period and requirements, the Work will be assigned to the Secondary Contractor. While the County intends to use the awarded Contractors, the County reserves the right at any time to request additional quotes or bids from other contractors following the process outlined in the Board's Procurement Ordinance. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Partie4,-,., Page 1 of 17 � Agreement 17-7134 Roofing Maintenance 8 Remedial Repairs FA Remodeling and Repairs, Inc. in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM The County shall pay the Contractor for the performance of the Work pursuant to Exhibit B "Price Schedule", attached hereto, and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Project Manager and/or his designee, and in compliance with Chapter 218, Fla. Statutes, otherwise known as the "Local Government Prompt Payment Act." 4.1 Price Methodology: Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these invoices include back-up documentation of costs; number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 4.2 Any County agency may obtain products and services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-80159665310-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: FA Remodeling and Repairs, Inc. 2190 21St Street, SW Naples Florida 34117 Attention: Carla Alvear, Vice President Telephone: (239) 601-0122 Email: Faremodelingagmail.com Page z of 17 Agreement 17-7134 Roofing Maintenance & Remedial Repairs FA Remodeling and Repairs, Inc. All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Board of County Commissioners for Collier County, Florida c/o Collier County Facilities Management 3335 Tamiami Trail East Naples, Florida 34112 Attention: Dennis Linguidi, Director, Facilities Management Division Telephone: (239) 252-8380 Email: DennisLinguidiMiguelCarballo(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 Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS, LICENSES, TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement 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. Page 3 of 17 Agreement 17-7134 Roofing Maintenance & Remedial Repairs FA Remodeling and Repairs, Inc. 10. TERMINATION. Should the Contractor be found to have failed to perform the services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage 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, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material 0 Page 4 of 17 Agreement 17-7134 Roofing Maintenance & Remedial Repairs FA Remodeling and Repairs, Inc. change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A - Scope of Services, Exhibit B - Price Schedule, ITB #17-7134, including the Specifications/Scope of Services and Addenda, and subsequent work assignments and quotes. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. Page 5 of 17 Agreement 17-7134 Roofing Maintenance & Remedial Repairs FA Remodeling and Repairs, Inc. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, 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 Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; 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) -(b) as stated as follows: 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: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor Page 6 of 17 1 Agreement 17-7134 Roofing Maintenance & Remedial Repairs FA Remodeling and Repairs, Inc. transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMSISERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 7 of 17 Agreement 17-7134 Roofing Maintenance & Remedial Repairs FA Remodeling and Repairs, Inc. 25. STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor's shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary; the Contract Documents shall take precedence. Additionally, the order of precedence is as follows; Contract Documents, Executive Summary, ITB including amendments, then the Contractor's Proposal. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. The Contractor is required to comply with County Ordinance, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division 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. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPSaacolliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. o"� Page 8 of 17 Agreement 17-7134 Roofing Maintenance & Remedial Repairs FA Remodeling and Repairs, Inc. IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Dwight E. Brock, Clerk of Courts Dated: (SEAL) First Witness Mpebrint n TTypelprint witness name Approved as to Form and Legality: Assistant County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Penny Taylor, Chairman Fit Remodeling and Repairs, Inc. Contractor_ By: .--ign titu � ITypelprint signature an title' EXHIBIT A — SCOPE OF SERVICES 17-7134 Roofing Maintenance and Remedial Repairs The Contractor provide qualified roofing system repairs; other roofing related services; roofing systems maintenance services; remedial repairs; and emergency roofing repair services. The Scope of anticipated work includes, but not limited to the following, depending on the condition, incident, and/or need: • Roof repair and maintenance including as may be required, but not limited to: o Providing temporary tarping and/or related protection services o Demolition associated with repairs o Roof blocking, cant strips and sheathing as required o Built-up roofing systems o Metal roofing systems o Shingle Roofing Systems o Tile Roofing Systems o Roof insulation systems o Gutters and downspouts o Exterior soffits and fascia o Parapet flashings, membranes, metal siding and copings o Membrane and sheet metal flashings o Metal trims, cap flashings, etc, o Skylights repair/replacement o Roofing curbs o Mechanical equipment supports o Piping supports o Scuppers, roof drains, overflow drains, etc. o Lightning protection repair or removal o Flashings and sealants related to mechanical and electrical systems roof work, o Disposing of any waste associated with the repair work • Roof cleaning • Any and all other roof related repairs • Applying for and obtaining applicable permits; • Roof related maintenance o Gutter and downspout cleaning o Roof drain cleaning o Debris removal o Metal roof cleaning o Shingle roof cleaning o Tile roof cleaning • Warranty certifications, reporting and submittals ensuring compliance and continuity of manufacturer's and contractor's warranty as applicable, and providing manufacturer's acknowledgement of compliance and acceptance of repairs and warranty work provided. The County representative or designee must use the Primary Contractor. If the Primary Contractor cannot provide requested services within the timeframe and requirements specified by the County's representative, then the Secondary Contractor will be contacted. Page 10 of 17.G Agreement 17-7134 Roofing Maintenance & Remedial Repairs FA Remodeling and Repairs, Inc. The Contractor may also be required to use the County's Work Management procedures, such as utilizing internal work request forms or future online work request system, at no additional cost to the County or Contractor. The Contractor will be responsible for utilizing any systems used by the County for work requests under this Agreement, when applicable. The Contractor shall use qualified technicians to complete all work in accordance with the requirements specified in the bid. Technician credentials may be requested by the County. All facility maintenance and related repairs shall conform to Florida Building Codes, all existing Governing Authorities Codes and Regulations. All projects are required to be in compliance with the following: 1. Contractors will comply with the specifications/qualifications required by the National Roofing Contractors Association (NRCA) and comply with NRCA and SMACNA standards, 2. Contractors will provide and maintain roofing systems in accordance with Manufacturer's technical specifications and warranty requirements, as applicable. 3. All work must be completed in compliance with Collier County vertical standards unless specifically exempted in writing by Facilities Management Division Representative or designee. The latest Standards are located at the following website: http://www.colliergov. netlyour-government/divisions-f-r/facilities-management/vertical- construction-standards. The Standards are considered to be "living documents" and the awarded contractor(s) shall review and reference the latest version when proposing work. Failure to comply with these Standards will result in the out -of -compliance work being remediated by the responsible contractor(s) at no additional cost to the County. Typically, maintenance and repair services will be completed during normal business hours; however, the County may request services during off -hours, as deemed necessary by the County Representative and/or designee. Normal business hours are considered Monday through Friday between 7:00 AM and 6:00 PM. Afterhours are considered before 7:00 AM and after 6:00 PM on weekdays and at any time on Saturday, Sunday or County Observed Holiday. An after-hours rate will be allowed for off -hours services. Contractor's Responsibilities 1. Provide Regular maintenance, remedial repairs and after hours services: • Remedial repair services: Once a purchase order is issued, the County representative or designee would expect that the work commence within five (5) business days, unless otherwise directed by the County representative or designee. On -Call Maintenance and Repair Work: The County will issue a written work request for on- call maintenance and repair work. The County representative or designee would expect that the on-call service for regular maintenance and repair commence within five (5) business days from the authorization notification, unless otherwise directed by the County representative or designee. Emergency repair work shall commence within four (4) hours from the initial work request. After Hours Services: The County representative or designee will identify the needed maintenance and repair and request that work be completed as soon as reasonably practicable. The County representative or designee may direct the Contractor to commence work through a written communication. In the event that the Contractor does not fulfill these response requirements, the County reserves the right to contact other Contractor(s) to perform the scope of work. Page 11 of 17 t I Agreement 17-7134 Roofing Maintenance & Remedial Repairs FA Remodeling and Repairs, Inc. 2. Contractor shall furnish all necessary qualified labor, materials, equipment, tools, consumables, transportation, skills, and incidentals required for the maintenance services, repairs, and miscellaneous services for the County's facilities. 3. Response time: • Emergency response: For maintenance and repairs needed for the health, safety and well being of the County staff and/or public, the emergency response shall be provided in no more than four (4) hours from the time of the initial contact. • Non -emergency response: A response (at a minimum a telephone call) within twenty-four (24) hours is acceptable. For non -emergency repairs, the Contractor must be on-site and repairs begun within five (5) days of the purchase order being issued and/or work authorization for all areas unless the County Representative and/or designee, approves a different amount of time for response. 4. On-call Schedule: The Contractor will provide an on-call schedule twenty-four (24) hours a day, seven (7) days a week. The Contractor shall provide the County with an on-call telephone number(s) for both routine and after hours service. 5. When required, the Contractor must use a qualified professional or company representative (with all related licenses and certifications being current and in full force and effect) with the experience and ability to obtain all permits required for any and all repairs, etc. when necessary and applicable. 6. Repair Materials: All repair parts and materials must be as specified in the work request. If the work request is not specific and/or the Collier County Vertical Standards do not specify, then the parts/materials must be approved by the County Representative and/or designee. The Contractor will be required to provide proof of the materials/supplies supplied by providing invoices and/or photographs at the time of invoice submission. The Contractor shall be required to expressly warrant that all materials are new and free from defects, warranted for their merchantability and meet the performance specifications of the original material. In the event a portion, or all of an order, is found to be defective when delivered and/ or installed, the Contractor shall immediately replace the parts at no cost to the County. 7. Additions and Deletions of Equipment: The County retains the right to add or to delete any facilities from service provided under this Agreement as described herein, upon written notification by the County Representative or designee to the Contractor, without further Board approval. Any additions or deletions shall be handled in writing from the County Representative or designee. 8. Records and Documentation: The Contractor is responsible to maintain and update records for services provided. The documentation will include, and not be limited to, records of all service calls, maintenance performed, and any modifications, if applicable. The Contractor will not charge for any call back work. All reports shall be sent to the County Representative or designee, noting date, repair, materials, location, and/or disposal information. When submitting a "time and material" invoice, the Contractor shall provide: ✓ An itemized breakdown of labor time spent by the Contractor's employees (number of hours times hourly rate), and supplies, parts, and materials used (cost plus percentage mark-up). The itemized breakdown will reflect all rates provided in the bid schedule. ✓ A number of hours worked and billing rate by position (company (or subcontractor) timekeeping or payroll records will not be required). Hourly time will be paid only for actual time at the worksite. Page 12 of 17 4 Agreement 17-7734 Roofing Maintenance8 Remedial Repairs \ FA Remodeling and Repairs, Inc. ✓ Backup documentation and receipts/invoices for any supply, material, parts, equipment rental, subcontractor charges and other reimbursable documentation for the project. ✓ Ancillary charges may be transferred to the County in the actual amount; however, mark- ups will not be allowed. Mark-ups will not be allowed on sales tax, consumer fees or taxes, use and other similar taxes, or fees associated with any work under this Agreement. ✓ Freight and shipping charges will not be allowed and should be included in the bid pricing. ✓ Travel hours, travel costs, and/or mileage for travel will not be allowed and should be incorporated into the bid pricing. ✓ Administrative hours for quoting, invoicing, providing back-up and supporting documentation will not be allowed and should be incorporated into the bid pricing. Post Work Inspections: The County and the Contractor will conduct an inspection of the completed services provided in response to any resulting purchase order. A post inspection report will be completed by the contractor and provided to the County prior to invoicing for services. Any deficiencies noted during an inspection shall be corrected before final acceptance. Such deficiencies will be corrected within 24 hours after receipt of notification or other time specified by the County Representative or designee, at the Contractor's expense, or the County may follow the provisions in Performance Measures and Contract Deductions Section. Deductions may be imposed at the time of initial notification for lack of performance. 10. Performance Measures and Contract Deductions: The Contractor shall maintain compliance with the following performance measures: ✓ The Contractor will provide all required reports and records within the time frame specified to the County Representative or designee. ✓ The Contractor will advise the County, in writing, of any extenuating circumstances that will prohibit the Contractor from meeting the above -outlined performance measures. ✓ The Contractor will furnish all necessary labor, tools, equipment and services to perform contracted services specified in the contract. The term contract officer or project manager as used herein, shall mean the County Representative or designee. The Division Management and/or County Representative shall be the final authority on any issues that may arise as to the quality and acceptability of any work performed under this Agreement. Final Acceptance by County: The County shall consider the work complete when the Contractor has completed in its entirety all of the work and the County has accepted all of the work and notified the Contractor in writing that the work is complete. Once the County has approved and accepted the work, Contractor shall be entitled to payment in accordance with the Contract requirements. Recovery of Damages Suffered by Third Parties: Contractor shall be liable to the County to the extent the County incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under this Agreement. The recovery of any delay related damages under this Agreement through for example liquidated damages, does not preclude the County from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. When required, the County shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the County in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. The County shall reduce the amount of the retainage withheld on each payment Page 13 of 17 Y Agreement 17-7134 Roofing Maintenance 8 Remedial Repairs FA Remodeling and Repairs, Inc. request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the County's procurement ordinance and policies. Payments withheld: The Project Manager or designee may decline to approve any invoice submission, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract. The Project Manager or designee may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to the Contractor under this Agreement or any other agreement between County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) Defective work not remedied, (b) third party claims filed or reasonable evidence indicating probable filing 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 invoice amount; (e) reasonable indication that the work will not be completed within the required time; (f) unsatisfactory prosecution of the work by the Contractor; or (g) any other material breach of the Contract by Contractor. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, the County shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. The County also may offset against any sums due to the Contractor the amount of any liquidated or non -liquidated obligations of Contractor to County, whether relating to or arising out of this Agreement or any other agreement between Contractor and County. In instances where the Contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the Contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the Contractor for services performed or for materials delivered in association with a contract. The Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. Interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for County. 11. Equipment Inventory: The Contractor shall, under no circumstances, remove any equipment containing a County asset sticker. The Contractor shall request that, when replacing equipment, the asset sticker be removed by an appropriate County staff member authorized to adjust equipment inventory records. a Page 14 of 17 Agreement 17-7134 Roofing Maintenance & Remedial Repairs FA Remodeling and Repairs. Inc. 12. Facility Safety and Security: Work must be performed in accordance with industry standards and guidelines. The Contractor will comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of the services requested herein. Any fines levied due to inadequacies, or failure to comply with any requirements, will be the sole responsibility of the Contractor. Any employee or representative of the Contractor found not in conformance with any laws, statutes, rules or regulations will not be allowed on job sites. Violations by a Contractor may constitute cause for immediate termination of the Agreement. The Contractor shall replace or repair any loss at their cost. The County may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property or persons through negligence of the Contractor and its employees. The Contractor must comply with Federal and State right -to -know laws if hazardous materials are used. Material Safety Data Sheets (MSDS) will be made available and provided to the County per the County Representative's direction. The Contractor is required to immediately report to the County Representative or designee any spillage or dumping of hazardous material on County property. The Contractor shall bear all costs associated with the cleanup of any such incidents. The Contractor will be asked to work in the County Jails and other areas considered being "high security", which require thorough background checks of personnel and tools taken into the jails. 13. Exclusion of County Permits in Bid Prices: To ensure compliance with Section 218.80, Florida Statutes., otherwise known as "The Public Bid Disclosure Act", Collier County will pay the Contractor for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, the Contractor shall not include these permittlee amounts in their bid offer. However, the Contractor shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. The County will not be obligated to pay for any permits obtained by Subcontractors. The Contractor shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. The Contractor shall include such permit fees as a line item on their invoice. 14. Warranty: Contractor shall obtain and assign to the County all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to the County that any materials and equipment furnished under the Contract 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. Contractor further warrants to the County that all materials and equipment furnished under the Contract 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. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract, Contractor shall correct it promptly after receipt of written notice from the County. 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 repair. Further, in the event of an emergency, the County may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. For all repair work, the Contractor shall provide a full, one (1) year no dollar limit warranty including but not limited to labor and materials. In addition, in conformance with the specified or approved roofing system, the Contractor shall provide a full manufacturer's, no dollar limit warranty on all roofing materials supplied with the term of such warranty in conformance with Page 15 of 17 Y Agreement 17-7134 Roofing Maintenance 8 Remedial Repairs O FA Remodeling and Repairs, Inc. either the manufacturer's standard warranty at a minimum, or with the extended warranty requested in the detailed work request specification. Materials must have at a minimum a twenty (20) year no dollar limit warranty with all supporting documentation provided at the time of invoice submission. The Project Manager, or representative, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Contract no later than 30 days prior to expiration of the two-year roof replacement warranty. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the County to disqualify the Contractor from future bid opportunities with the County, in addition to any other rights and remedies available to the County. Dependent upon the scope of work, the County's project manager may request a specific warranty for an individual project for both labor and materials (not to exceed manufacturer's specifications). Page 16 of 17 G Agreement 177134 Roofing Maintenance & Remedial Repairs FA Remodeling and Repairs, Inc. EXHIBIT B — PRICE SCHEDULE (following this page ITB Pricing) Page 17 of 17 Agreement 17-7134 Roofing Maintenance 8 Remedial Repairs FA Remodeling and Repairs, Inc. B N \ (�.k\! {) f |, | . k ) aw _ | \ ( ! } „ T„�; \