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Backup Documents 04/24/2018 Item #16C 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 C 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the Counts Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County.attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management (� f11- 2. County Attorney Office County Attorney Office 4. BCC Office Board of County PS Commissioners jtiI 5- l"h 4. Minutes and Records Clerk of Court's Office I 5. Procurement Services Procurement Services — — l PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Barbara Lance Contact Information 239-252-8998 Contact/ Department Agenda Date Item was April 24, 2018 \ Agenda Item Number 16.C.I Approved by the BCC Type of Document Cnnt a,:L Number of Original t c� Attached _ Documents Attached PO number or account N/A 18-7235 " HVAC B&I Contractors number if document is Preventative (Primary) to be recorded I Maintenance&Repair" Tampa Bay Trane (2) INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. — (Initial) Applicable) I. Does the document require the chairman's original signature STAMP OK E}L it 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be BL signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the BL document or the final negotiated contract date whichever is applicable. _ 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's BL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! _ 8. The document was approved by the BCC on 03/14/2017 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes, if applicable. 1i this line. 9. Initials of attorney verifying that the attached document is the version approved by the ' N/A is not BCC, all changes directed by the BCC have been made, and the document is o 1, option for Chairman's signature. t �1� �' tis line. APR 242018 Risk Management 16C1 MEMORANDUM Date: May 1, 2018 To: Barbara Lance, Purchasing Tech Procurement Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract No. 18-7235 "HVAC Preventative Maintenance and Repair Services" Contractor: B&I Contractors, Inc. Attached, is an original copy of the contract referenced above, (Item #16C1) approved by the Board of County Commissioners on Tuesday, April 24, 2018. The second original contract has been held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 1 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT 18-7235 for HVAC Preventative Maintenance and Remedial Repairs THIS AGREEMENT, made and entered into on this y44\ day of 20 , by and between B&I Contractors, Inc. , authorized to do business in the State of Florida, whose business address is 2701 Prince Street, Fort Myers, Florida 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 ■ upon the date of Board approval ❑ on and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) 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(s) 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 ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of n Request for Proposal (RFP) ■ Invitation to Bid (ITB) Other ( ) # 18-7235 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. Ir. The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) 1 6 C 1 3.1 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, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 UI The procedure for obtaining Work under this Agreement is outlined in Exhibit A— Scope of Services attached hereto. 3.3 ❑ The procedure for obtaining Work under this Agreement is outlined in ❑ Other Exhibit/Attachment: 3.4 ❑The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee 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 Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑ Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. ■❑ 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 markup). 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 contracts include back-up documentation of costs; invoices would include 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. II Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 C 1 4.2 Any County agency may obtain 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. 4.4 ❑ (check if applicable) Travel and Reimbursable Expenses: Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to 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. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 C 1 Company Name: B&I Contractors Address: 2701 Price Street Fort Myers, Florida 33916 Authorized Agent: Mihai Marian Attention Name & Title: Telephone: (239) 872-9790 E-Mail(s): mmarian©bandiflorida.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Dennis Linguidi Division Name: Facilities Management Division Address: 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112-5356 Administrative Agent/PM: Miguel Carballo, Manager Facilities Telephone: (239) 252-5857 E-Mail(s): Miguel.Carballo©colliercountyfl.gov 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. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 C 1 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. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the 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. IN 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. II 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. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C1 D. ❑ Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ each claim and aggregate. E. ❑ Cyber Liability: Coverage shall have minimum limits of$ per claim. F. fJ : Coverage shall have minimum limits of $ per claim. 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 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. Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C 1 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 Fee Schedule, ❑ RFP/ ISI ITB/❑ Other #18-7235 including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and ❑i Other Exhibit/Attachment: Performance and Payment Bonds . 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. 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. 19. 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. 20. 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 Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 C 1 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 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. Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 C 1 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Contractor may nullify the whole or any part of any approval for payment previously issued and the Contractor may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between the 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 failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. ❑■ CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. • WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.t) 16C1 particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from 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 replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. n TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1601 upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. 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. 31. 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. 32. 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. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. ❑ KEY PERSONNEL. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C1 (� AGREEMENT 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 shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. n ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ❑ ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. 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. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, 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@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C1 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. 38. ❑■ SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C1 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: BOARD OF '4 N COMMI . rRS COLLIER SUN ', FLORIP"/ Dwight E. Brock,.Clerk of Courts By: at,,t4s4 , , ,0.G , By: Dated:%' 't 4 a I �00 , , Chairman (St as to Chairman's Contras i U lAl sses: B&I Contractors, Inc. Contractor By: ; ,riort-4JIt j Contra 's Fir-t Witness Sig ture 514504 N, -' iiBowsK.► /VIc.E PREst)C uT KATHLEEN s► WSoA TType/print signature and titleT TType/print witness nameT Contractor's Second Witness rail NAMPRCu'EW TType/print witness nameT .prow-. as • %o and Legality: • Pk D, Cou%y Attorney Print Name (' I Item# Agenda 4—'e{, ,.4C Date Date �. Recd Deputy I. /11 J / Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C1 Exhibit A Scope of Services ❑■ following this page (pages 1 through 7 ) ❑ this exhibit is not applicable Page 15of17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C1 EXHIBIT A- SCOPE OF SERVICES WORK DISTRIBUTION PROCESS #18-7235 The County Administrative Agent or designee must use B&I Contractors, Inc., as the Primary Contractor for this award. If B&I Contractors, Inc., the Primary Contractor, cannot provide the requested services within the timeframe and requirements specified by the County's Administrative Agent or designee, then Tampa Bay Trane Service, Inc., the Secondary Contractor, will be contacted. Should the Secondary Contractor be required to provide services in excessive of $200,000, a Bond in the format of Exhibit C-1 and C-2 will be provided to the County prior to commencing services. Page 1 of 7 16C1 SCOPE OF WORK The intent of this solicitation is to obtain preventative maintenance and repairs for mechanical 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 preventative maintenance services and remedial maintenance including but not limited to maintenance and repairs of HVAC, Boiler and Water Heater systems, as well as be capable of furnishing industrial/commercial/residential HVAC and related electrical equipment. The systems covered by this scope of work may include but not be limited to: 1. HVAC and Related Control Systems: mechanical components, compressors, condensers, DX air handling units, air handling units, exhaust fans, fan coils, water pumps, belt drives, direct- drives, rooftop units, radiant systems, electric assistance systems, recovery units, blower wheels and housing, blower housing assembly and related components, condensers, evaporators, variable air volume (VAV) boxes, piping, air duct and sheet metal insulation work, damper-louvers-diffusers (supply and return vents), and other adjacent/integrated equipment. Note: The contractor shall perform refrigerant recovery on any system that contains refrigerant. 2. Ice machines and related systems 3. Boiler and related systems 4. Water Heater and related systems 5. Other mechanical equipment and/or related work associated with mechanical equipment may be required under this contract, including, but not limited to any mechanical system controls maintenance, repair,and cleaning. 6. Parts for in-house service,repairs, or equipment,as needed by the Division(s). All bidders must be comfortable with various energy management and building automation controls and software packages utilized by Collier County Facilities Management Division; which include, but are not limited to: Johnson Controls Metasys® and Automated Logic WebCTRL. NOTE: All major energy management equipment replacement will require full BACnet compatible and enabled controls devices and components. The County representative or designee must use the Primary Contractor as awarded by the resultant Contract. If the Primary Contractor cannot provide the requested services within the timeframe and requirements specified by the County's representative, then the Secondary Contractor will be contacted. If the Secondary Contractor cannot provide the requested services within the timeframe and requirements specified by the County Representative, then the Tertiary Contractor will be contacted. Bidder(s)will 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. The Contractor will be required to update, complete and close work requests and attach before and after pictures,as necessary. All bidders must provide requested certifications and licenses necessary to perform the services Page 2 of 7 16C 1 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. The technicians shall be experienced in all facets of servicing a variety of different types of HVAC equipment and related Control systems. The County anticipates a minimum of six (6) journeymen and six (6) HVAC apprentices along with one (1) designated contract/ account representative to service the County needs. The Contractor's personnel assigned to the County under the Contract shall comply with the list presented in the bid documentation.Any change or substitution to the Contractor's personnel must be approved by the County representative or designee prior to becoming effective. 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 5:00 PM. After hours are considered before 7:00 AM and after 5:00 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. Types of services(See Attachment A—Schedule of Inspections) A. PREVENTATIVE MAINTENANCE SERVICES: For Preventative maintenance services of mechanical units, the County requires each piece of mechanical equipment to be visited and visually assessed one (1) time every six (6) months. Frequency for each task to be performed is located in Attachment A Schedule of Inspections. Preventative Maintenance services shall be priced and billed at a flat rate per unit price for one (1) Preventative maintenance service visit per equipment unit. The limit of $50,000 per individual project does not apply for the Preventative maintenance billing. For all equipment categories below,the following tasks are to be included. Contractor must: • Adjust any components and equipment, as needed. • If a belt needs to be replaced, leave a spare set of belts at the unit. • Maintain County service logs in all equipment. • Update records in all existing equipment. • Wipe down and clean (including dusting) any and all components, housings, or related items to remove all dust, debris, etc. • Report all issues or potential issues to County staff in writing. • Maintain good housekeeping. Ensure area is free of trash and work debris. • Take before and after pictures of all items completed and provide to County staff. Note: in the event the equipment does not have a service log, the contractor will add the service log to the equipment at no additional charge. The vendor shall maintain stock of items needed to perform the preventative maintenance, including but not limited to grease, lubrication oil, v-belts, condensate pan tablets, fuses, biocide disinfectants, all paints, protective finishes, rust removers and coil cleaners at no additional cost to the County. The cost of these items shall be included in the unit price. Following the preventative maintenance, a written report/check list must be provided Page 3 of 7 1 1 detailing the results, services completed, and making specific recommendations for future remedial action upgrades,etc. Preventative maintenance on each unit/system is required to be completed in accordance with the manufacturer's recommendations. Preventative maintenance will be billed by item serviced. Actual records must be provided for payment. These records will include but not be limited to: a summary spreadsheet for each unit serviced with the date of service and an attestation signed by the Contractor. Typically, preventative maintenance will be completed during normal business hours (7:00am to 5:00pm); however, the County Representative or designee may request preventative maintenance during off-hours, as deemed necessary by the County Representative or designee. The Contractor shall update the list if changes occur during the maintenance activities. This list will be provided, at a minimum, once per month to the County Representative or designee. The Contractor shall maintain and update the list with the minimum inventory requirements data when performing scheduled maintenance of all equipment. The list should be up-to-date at all times. Anytime the inventoried equipment changes through additions, deletions, relocation or transfer, the Contractor will modify its records to indicate such action and maintain an accurate equipment inventory. All changes to the inventory shall be communicated in writing to the County Representative or designee. The County has the ability to update the minimum inventory requirements as needed, with notice to the contractor. 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 a County staff member authorized to adjust equipment inventory records. The Contractor will place asset stickers on the equipment, as necessary for no charge. Note: Exhibit B Master Equipment List has been included for reference. The County may add or remove equipment and increase or decrease frequencies and add or subtract locations as needed. B. MECHANICAL SERVICES for remedial repairs of mechanical equipment identified in the scope of work and parts for in-house repairs • Remedial repairs: 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. C. CONTRACTOR'S RESPONSIBILITIES 1. 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 mechanical systems. 2. Response time: Urgent response: For maintenance and repairs needed for the health, safety and well-being of the County staff and/or public,the urgent response shall be provided in no more than two(2) hours from the time of the initial contact. Non-urgent response: a response(at a minimum a telephone call)within twenty-four(24) hours is acceptable. For non-urgent repairs,the Contractor must be on-site and repairs begun within one(1)day of the purchase order being issued and/or work authorization for all areas Page 4 of 7 1 6 C 1 unless the County Representative and/or designee,approves a different amount of time for response. 3. 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. 4. Scheduling: Preventative maintenance services and repairs will be conducted during normal working hours, Monday through Friday, 7:00 am until 5:00 pm unless otherwise authorized by a County representative. To arrange for an appointment to perform service at a County facility,the Contractor may contact the County designee a minimum of 24 hours in advance of the work. Chemicals/products that must applied during normal business hours, or when building is occupied,must be approved by County Representative or designee. 5. When required, the Contractor must use a qualified engineer 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, when necessary and applicable. The Contractor's technicians shall have at least an EPA Section 6082 Type II CFC certification and documentation shall be submitted upon request. 6. The Contractor(s) shall use technicians who are trained and experienced with commercial HVAC, refrigerant handling requirements, building automation control systems, hydronic specialties, refrigerant and water piping, underground piping, mechanical insulation, water heaters and other related mechanical equipment. Although preventative maintenance of these items are not included in this scope,the Contractor(s)must use technicians who are competent and knowledgeable with water-cooled chillers, air-cooled chillers, static ice tanks (Calmac, FAFCO, etc), plate and frame heat exchangers, and cooling towers. 7. Repair Parts: 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 must be approved by the County Representative and/or designee. The Contractor(s) will be required to provide proof of the parts/materials/supplies supplied by providing invoices and/or photographs at the time of invoice submission. 8. Additions and Deletions of Equipment: The County retains the right to add or to delete any facilities and equipment 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. 9. 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, noting date, repair, materials, location, and/or disposal information. Anytime the inventoried equipment changes through additions, deletions, relocation or transfer, the Contractor will modify its records to indicate such action and maintain an accurate equipment inventory. All changes to the inventory shall be communicated in writing to the County Representative or designee.The County has the ability to update the minimum inventory requirements as needed, with notice to the contractor. Page 5 of 7 16C1 • When submitting a "unit price" Preventative maintenance invoice, the Contractor shall provide: ✓ A summary spreadsheet listing the equipment type, equipment size (tons, horsepower, MBH), equipment location, date of Preventative maintenance performed, unit price and total amount due. ✓ The invoice may be billed on a monthly basis for Preventative maintenance services that have been performed. ✓ Preventative Maintenance Service shall be billed at a unit price based on the rate identified in the contractor's bid. Unit price is for one (1) Preventative maintenance service visit per equipment unit. The County requires two (2) Preventative maintenance visits per year per equipment performed every six(6)months. ✓ The limit of $50,000 per individual project does not apply for the Preventative maintenance billing. ✓ Attestation signed by the Contractor that the work is completed in conformance with the Preventative maintenance requirements of the solicitation. • When submitting a "time and material" invoice for Remedial maintenance projects up to $50,000,the Contractor shall provide: ✓ A Purchase order number, work request number, date, location and description of the work performed. ✓ An itemized breakdown of labor time spent by the Contractor's employees (number of hours times hourly rate), and supplies, parts, and equipment used (cost plus percentage mark-up). ✓ The itemized breakdown will reflect rates provided in the bid schedule. ✓ The 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 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. 10. Exclusion of County Permits in Bid Prices: To ensure compliance with Section 218.80, F.S., 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 may include such permit fees as a line item on their invoice. Page 6 of 7 16C1 11. Warranty: All new equipment/ parts warranty work shall be provided by the original warranty supplier. All warranty responsibility for parts or equipment previously purchased, but still under warranty will continue to be provided by the original warranty supplier until expiration of the warranty period. Upon expiration of the warranty period, responsibility for maintenance shall automatically transfer to the contractor, unless otherwise directed by the County Representative or designee. All trouble calls shall be initially reported to the Contractor. If the trouble call involves a warranty item, the Contractor shall notify the County Representative or designee, who will then have the responsibility of placing and tracking the warranty trouble call with the warranty supplier. Maintenance of the warranty inventory list and the notification of a warranty trouble call to the County Representative or designee shall be provided by the Contractor at no additional cost to the County. Parts and fixtures shall be new and warranted for a minimum of one (1)year or the maximum allowed by the manufacturer, whichever is greater. All labor for repairs shall have a minimum of ninety (90) day warranty. All call backs will be free of charge. No labor will be billed or allowable in the event defective parts were used. An extended warranty may be purchased through the Contractor from the manufacturer without any markup being charged to the County. 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, the County determines that3 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 replacement or 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. Page 7 of 7 1601 Exhibit B Fee Schedule following this page (pages 1 through 2 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 C 1 EXHIBIT B- FEE SCHEDULE PRIMARY-B&I Contractors, Inc. Annual Preventative Maintenance Services(Line.Items 1-31) Price per unit is the price for one (1)Preventative maintenance service visit per equipment unit. The County requires two (2) Preventative maintenance visits per year per equipment every six(6) months. Indoor and Outdoor Units (DX systems), Interior Fans, and All Other Item Tonnage Based Equipment not listed below in a separate section System Description (AHU-R, MINISS, CU, OAU,WMU, etc.) Price per Unit 1 Under 2.5 tons $ 75.00 _ 2 2.5 - under 5 tons _$ 75.00 3 5 tons $ 100.00 4 6 - 10 tons $ 200.00 5 11 -20 tons $ 250.00 6 21 - 100 tons $ 500.00 7 Greater than 100 tons $ 1,000.00 Note: Excludes Building K-Chiller/Energy Building Ice Tanks Item Ice Machines System Description ICEMACH Price per Unit 8 0-299 pounds $ 100.00 9 300-499 pounds $ 200.00 10 500-999 pounds $ 250.00 11 1,000+ pounds $ 300.00 Item Building Exhaust Fans System Description EXFAN Price per Unit 12 Building Exhaust Fans with Belts $ 50.00 Note: For the Naples Jail (Building J1)this excludes direct drive fractional motored fans Chilled Water Air Handler Item System Description AHU-W Price per Unit 13 0-4.99 Horsepower $ 100.00 14 5.0-19.99 Horsepower $ 250.00 15 20.0-49.99 Horsepower $ 400.00 16 50+ Horsepower $ 1,000.00 Pumps Item System Description CHWP-2ND, CHWP-PRI, CUP, CWP, GLY PUMP, Price per Unit MWP 17 0-4.99 Horsepower $ 25.00 18 5.0-19.99 Horsepower $ 50.00 19 20.0-49.99 Horsepower $ 50.00 20 50+ Horsepower $ 75.00 Note: Pump prices exclude Building K- Chiller/Energy Building (16 Pumps) 1601 Item Air Conditioning Package Units System Description PACKG Price per Unit 21 Under 2.5 tons $ 50.00 22 2.5 - under 5 tons $ 75.00 23 5 tons $ 100.00 24 6 - 10 tons $ 150.00 25 11 -20 tons $ 250.00 26 21 - 100 tons $ 750.00 27 Greater than 100 tons $ 1,000.00 Item Boilers System Description BOILER 28 MBH 0 - 1,000 $ 750.00 29 MBH 1,001 - 1,500 $ 850.00 _ 30 MBH 1,501 -2,000 _ $ 1,200.00 31 MBH 2,001+ $ 1,750.00 Note: 1 MBH = 1,000 BTU /hour B. REMEDIAL REPAIRS BOTH ROUTINE AND URGENT. Hourly Rate for Personnel Categories for Time and Material Requests A Category Repair Services Regular hours 39 Supervisor(per hour) $ 100.00 40 Licensed Journeyman (per hour) $ 87.00 41 Apprentice (per hour) $ 75.00 42 Controls Technician (per hour) $ 120.00 Note: A one time $150.00 Urgent Service Call Fee is allowed when responding in addition to the hourly rates. Note: A fifteen (15%) percent mark-up on subcontractor's invoice is allowed. Note: A ten (10%) percent mark-up on parts and materials is allowed. 1 6 C 1 Other Exhibit/Attachment Description: Performance and Payment Bond Requirements ISI following this page (pages 1 through 7 ) ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) bC :1 OTHER EXHIBIT: PERFORMANCE AND PAYMENT BONDS REQUIREMENTS The Primary Contractor is required to provide a Performance and Payment Bond for the duration of the contract term. The amount of the bond shall be in the amount of$427,100. 16C 1 Exhibit C-'f PUBLIC PAYMENT BOND Bond No, 0214092 Contract No. 18-7235 KNOW ALL MEN BY THESE PRESENTS: That B&I CONTRACTORS,INC. as Principal, and BERKLEY INSURANCE COMPANY , as Surety, located at 475 Steamboat Road_Greenwich CT 06830 (Business Address) are held and firmly bound to COLLIER COUNTY 3335 Tamiarni Trac East sin 7N tJank.%F, 'ut 1.)A1 as Oblige in the sum of FOUR.HUNDRED TWENTY SEVEN THOUSAND ONE HUNDRED&00/100-- ($ 427,100.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal DOLLARS representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the :?"'day of , 20_ with Oblige for- HVAC PREVENTATIVE MAINTENANCE AND REMEDIAL RFPAIRS in accordance with drawings and specifications,which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains In full force, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this _day of , 20L1_, the name of under-signed representative, pursuant to authority of its governing body. 16C1 Signed, sealed and delivered In the presence of: PRINCIPAL: B & I CONTRACTORS, INC. Tracy Wine ornwell, Project Accountant Manager By: Witnesses as to Principal Name: Jas Grahowski Its: Vice President STATE OF COUNTY OF The foregoing instrument was acknowledd before me this /6 of W,o"4- 20/S-,by fSo4 Gra bows Ke , as V c r les,Ja..f of E9 r t r f-*•�'* , a _by corporation,on behalf of the corporation. I4Wshe is personally known to me OR has produced as identification and did (did not)take an oath. My Commission Expires: (Signature otary) Name: x.- „ ..t_ (Legibly Printed) t _ (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: BERKLEY INSURANCE COMPANY (Printed Name) 475 Steamboat Road Greenwich, CT 06830 (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR 16C1 Barbara.McClelland As Attorney in act Thomas S. Lobrano, IV&Florida (Attach Power of Attorney) Resident Agent Witnesse• Janice Cox Construction Underwriters. Inc. - 4168 Southpoint Parkway, Suite 305 Jacksonville Fl 32216 (Business Address) Thomas S. Lobrano. IV (Printed Name) (904)296-3331 (Telephone Number) STATE OF Florida COUNTY OF Duval The foregoing instrument was acknowledged before me this of 20 , by Thomas S. Lobrano. IV , as Attorney-In-Fact of BERKLEY INSURANCE COMPANY , Surety, on behalf of Surety. He/She is personally known to me OR has produced N/A as identification and who did(kd not)take an oath. My Commission Expires: a.� .. (Signature of Notary) Name: Barbara McClelland (Legibly Printed) (AFFIX OFFICIAL SEAL) Florida Notary Public, State of r717^4ir BARBARAMcCIELIAND Commission No.: FF 183416 ad` ,m,� Notary Public,State of Florida td y Comm.Expires Jan.19,2019 r " ........... Commission No.EE 183416 No. BI-8069b POWER OF ATTORNEY BERKLEY INSURANCE COMPANY 16 C 1 WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint: Thomas S. Lobrano, IV; Mark C. Fore; Thomas S. Lobrano,III;or Geoffrey M.Munn of Construction Underwriters,Inc. of Jacksonville, FL its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted;and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has ca ed these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this J day of //f,7,c t-c ,2014, Attest: Berkley Insurance Company (Seal) By By _ ii Ira S. Led an Halter Senior Vice President&Secretary � o President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER. STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) St Sworn to before me, a Notary Public in the State of Connecticut, this Di day of 6/910-&-c", 2014, by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Sec etary,and the Senior Vice resident, respectively, of Berkley Insurance Company. MARIA C.RUNDBAKEN NOTARY PUBLIC MY COMMISSION EXPIRES Notary Public,State of Connecticut APRIL 30 2019 CERTIFICATE I, the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company,this day of I (Seal) n ��'.T '�a 16C1 Please verify the authenticity of the instrument attached to this Power by: Toll-Free Telephone: (800) 456-5486; or Electronic Mail: BSGlnquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaim@berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please also identify the project to which the bond pertains. Berkley Surety is a member company of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company. 16C1 EXHIBIT C•2 PUBLIC PERFORMANCE BOND Bond No. 0214092 Contract No. 18-7235 KNOW ALL MEN BY THESE PRESENTS: That B&I CONTRACTORS,INC.,2701 Prince Street,Fort Myers, FL 33916 , as Principal, and BERKLEY INSURANCE COMPANY as Surety, located at 475 Steamboat Road.Greenwich.CT 06830 (Business Address) are held and firmly bound to COLLIER COUNTY,3335 Tamiami Trail East Ste 101 Naples,FL 34112-5356 ,as Oblige in the sum of FOUR HUNDRED TWENTY SEVEN THOUSAND ONE HUNDRED AND 00/100-DOLLAR$ 427,100.00 )for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the --- day of /jr.'6 20__,with Oblige for HVAC PREVENTATIVE MAINTENANCE AND REMEDIAL REPAIRS in accordance with drawings and specifications, which contractor Is incorporated by reference and made a pat hereof, and Is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract,and 2. Pays Oblige any and all losses, damages, costs and attorneys'fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige;and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. 16C 1 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF,the above parties have executed this instrument this day of /6,', 20,'J , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the pr ence of: PRINCIPAL: B 8 I CONTRACTORS,INC. Tracy Wine rnwell,Project Accountant Manager By: al j Witnesses as to Principal Name: ,!a n Grabowski its: Vice President STATE OF �L COUNTY OF L E6 The foregoing instrument was acknowledged before me this day of /1-)14',"-,.Z. 20 by �Gc.o/ 6.-'44ow,/e: ,as v ' e'i!c.f of f0 s a�+-rwlooa..t.. . a F4. corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not)take an oath. i My Commission Expires: (�wr -11 (Signature otary) Name: K (Legibly Printed. (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: U m I CoN1RACTORS, INC. 2701 PRINCE STREET FT. MYERS, FL 3391E 1 6 C 1 ATTEST: SURETY: BERKLEY INSURANCE COMPANY (Printed Name) 475 Steamboat Road Greenwich,CT 06830 (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Ba • - Mc elland As Attorney in Fact Thomas S.Lobrano,IV,&Florida Resident Agent (Attach Power of Attorney) Witney -s anice Cox Construction Underwriters,Inc. 4168 Southooint Parkway Suite 305 Jacksonville FL 37216 (Business Address) Thomas S.Lobrano,IV (Printed Name) 1904)296-3331 (Telephone Number) STATE OF Florida COUNTY OF Duval The foregoing instrument was acknowledged before me this day of 20 , by_ Thomas S.Lobrano,IV , as Attorney-In-Fact Of BERKLEY INSURANCE COMPANY , Surety, on behalf of Surety. He/She is personally known to me OR has produced N/A as identification and w1-io did(did not)take an oath. My Commission Expires: ( ,.'C ry.,_ y v r- _ (Signature of Notary) Name: Barbara_McClelland (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: EE 183416 f�ony.:pw BARBARA McCIELLAPID Notary Public,State of Florida `i My Comm.Expires Jan.19.2019 Commission No.EE 183416 No.BI-8069b POWER OF ATTORNEY BERKLEY INSURANCE COMPANY 16 C 1 WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint: Thomas S. Lobrano, IV; Mark C. Fore; Thomas S. Lobrano,III;or Geoffrey M.Munn of Construction Underwriters,Inc. of Jacksonville, FL its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars(U.S.$50,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this j/'lday of � (` cc ,2014. Attest: Berkley Insurance Company (Seal) By— By ' 7+111, — Ira S. Led an J •,� Hafter Senior Vice President& Secretary en°off le President' WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER. STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) jt Sworn to before me, a Notary Public in the State of Connecticut, this )/ day of Oz09,t�.(J/,r'.,--, 2014, by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Sec etary,and the Senior Vice resident,respectively,of Berkley Insurance Company. MARIA C.RUNDBAKEN /� NOTARY PUBLIC �1 /1-(�- MY COMMISSION EXPIRES Notary Public,State of Connecticut APRIL 30 2019 CERTIFICATE I,the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date. Given under my hand and seal of the Company,this day ofAi (Seal) n: !i .T 1C1 Please verify the authenticity of the instrument attached to i:his Power by: Toll-Free Telephone: (800) 456-5486; or Electronic Mail: BSGlnquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaim@berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please also identify the project to which the bond pertains. Berkley Surety is a member company of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company. 1 6 C 1 DATE(MMIDD/YYYY) A�D CERTIFICATE OF LIABILITY INSURANCE E/MM/DDI8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lykes Insurance, Inc. PHONE Alefa Kerry FAX P.O. Box 60043 IA/C.No,Extl:239-931-3015 (A/c.Nol:239-931-5604 Fort Myers FL 33906-6043 E-MAIL akerry@lykesinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Trust Insurance _ 20141 INSURED B81CO-1 INSURER B:FCCI Insurance Company 10178 B&I Contractors, Inc. 2701 Prince Street INSURER C:Columbia Casualty Insurance Co 31127 Fort Myers FL 33916 INSURER D:Continental Casualty Company 20443 INSURER E:Bridgefield Employers Ins Co. 10701 INSURER F: COVERAGES CERTIFICATE NUMBER:980563868 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IIVSD Swvo POLICY NUMBER DIR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE (MMIDD/YYYYI (MMIDYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y GL0006020 7/1/2017 7/1/2018 EACH OCCURRENCE _ $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) S 100,000 X CONTRACTUAL INCL MED EXP(Any one person) $5,000 _ X XCU included PERSONAL 8 ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE _ $2,000,000 POLICY X JECT h LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: Empl Benefits Liab $1,000,000 B AUTOMOBILE LIABILITY Y CA100003263 7/1/2017 7/1/2018 COMBINED SINGLE LIMIT $ (Ea accident) 1 000 000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS _- X HIRED AUTOS X AUUTOS ED (Per acrudentDAMACE $ X PIP I I PIP $10,000 A X UMBRELLA LIAB Imo_ OCCUR UMB100015346 7/1/2017 I 7/1/2018 EACH OCCURRENCE $6,000,000 1 EXCESS LIAB I CLAIMS-MADEI AGGREGATE $6,000,000 DED X I RETENTION$10000 PERSONAL/ADVERTISING $6,000,000 E 'WORKERS COMPENSATION 0830-58566 12/31/2017 12/31/2018 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETORJPARTNER/EXECUTIVE ,E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? I N I N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Pollution Liability 6042622550 7/1/2017 7/1/2018 Pollution Occ/Agg 3000000/3000000 D Professional Liability 6042622550 7/1/2017 7/1/2018 Professional Occ/Agg 3000000/3000000 B Equipment Floater CM0003273 7/1/2017 7/1/2018 Leased/Rented Equip 400,000 Ded 2,500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) PROJECT:#18-7235 HVAC Preventative Maintenance and Remedial Repairs Collier County Board of County Commissioners is included as additional insured on a primary and noncontributory basis with respect to General Liability,per endorsement CGL084 10/13;and on the Auto Liability,as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiami Trail E AUTHORIZED REPRESENTATIVE Naples FL 34112 721/11r'"4 W 1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 C 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management LI {24 2. County Attorney Office County Attorney Office ��b ]/ 4. BCC Office Board of County4y� Commissioners "" 'll 4. Minutes and Records Clerk of Court's Office Aap 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Barbara Lance Contact Information 239-252-8998 Contact/ Department Agenda Date Item was April 24,2018 Agenda Item Number 16.C.1 Approved by the BCC Type of Document Contract Number of Original Attached / Documents Attached PO number or account N/A 18-7235"HVAC B&I Contractors number if document is Preventative (Primary) to be recorded Maintenance&Repair" Tampa Bay Trane(2) INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) A cable) 1. Does the document require the chairman's original signature STAMP OK �L' {/1k 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be BL signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the BL document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's BL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 03/14/2017 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the ' , Chairman's signature. L. ��_ -�� V APR, 24 2018 Risk Management 16C1 MEMORANDUM Date: May 1, 2018 To: Barbara Lance, Purchasing Tech Procurement Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract No. 18-7235 "HVAC Preventative Maintenance and Repair Services" Contractor: Tampa Bay Trane Service, Inc. Attached, is an original copy of the contract referenced above, (Item #16C1) approved by the Board of County Commissioners on Tuesday, April 24, 2018. The second original contract has been held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16C1 LanceBarbara From: GonzalezGreily Sent: Monday, March 26, 2018 12:10 PM To: LanceBarbara Subject: RE: Signature Required: Contract# 18-7235 "HVAC Preventative Maintenance and Remedial Repairs" Hello Barbara, As long as the Umbrella is for$500,000 or greater the vendor will be fine. Respectfully, Greily Gonzalez, ARM Operations Coordinator Cotker County Risk Management Division NOTE: Email Address Has Changed 3311 Tamaimi Trail E, Bldg D, Naples, FL 34112 Ph: 239.252.8914 Fax: 239.252.8048 From: LanceBarbara Sent: Monday, March 26, 2018 12:09 PM To: GonzalezGreily<Greily.Gonzalez@colliercountyfl.gov> Subject: FW: Signature Required: Contract# 18-7235 "HVAC Preventative Maintenance and Remedial Repairs" Hi Greily, I have a vendor who lists on their Certificate, $500k for the Employers Liability but the contract requires$1M. They have an Umbrella policy and would like to confirm it is acceptable to have the Umbrella pick up the short fall? Thanks! Respectfully, Barbara Lance Procurement Strategist Co er County Collier County Procurement Services Division 3295 Tamiami Trail East Naples, FL 34112 Phone: 239.252.8998 Please note new Email Address: Barbara.Lancecolliercountyfl.gov Collier County Procurement Services is pleased to announce, It has partnered with BidSync to provide Free web-based Bidding services to its vendors, suppliers and contractors. 1 Detail by Entity Name Page 1 of 3 16C1 Florida Department of State DIVISION OF CORPORATIONS w ' 11x;1 /,; .org cord u r f i) J Y' «ter r1 :171 7iet„7fule of Harr./,? Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by Entity Name Florida Profit Corporation TAMPA BAY SYSTEMS SALES, INC. Filing Information Document Number 355678 FEI/EIN Number 59-1274990 Date Filed 11/20/1969 State FL Status ACTIVE Last Event CORPORATE MERGER Event Date Filed 12/28/1993 Event Effective Date 01/01/1994 Principal Address 902 N HIMES AVE TAMPA, FL 33609 Changed: 01/27/2010 Mailing Address 902 N RIMES AVE TAMPA, FL 33609 Changed:01/27/2010 Registered Agent Name&Address COHN,DOUGLAS B 4616 SAN MIGUEL TAMPA, FL 33609 Address Changed: 04/14/2006 Officer/Director Detail Name&Address Title CEOS COHN, DOUGLAS B 902 N. RIMES AVENUE TAMPA, FL 33609 Title P http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/9/2018 Detail by Entity Name Page 2 of 3 1 1 ALLISON,JAY 902 N. HIMES AVENUE TAMPA, FL 33609 Title V COHN, MAUREEN 902 N. HIMES AVENUE TAMPA, FL 33609 Title V GARCIA, ROBERT 902 N. HIMES AVENUE TAMPA, FL 33609 Title CFO HODSON,JOHN 902 N. HIMES AVENUE TAMPA, FL 33609 Annual Reports Report Year Filed Date 2015 04/13/2015 2016 03/29/2016 2017 03/28/2017 Document Images 03/28/2017--ANNUAL REPORT View image in PDF format 03/29/2016--ANNUAL REPORT View image in PDF format 04/13/2015--ANNUAL REPORT View image in PDF format 03/26/2014--ANNUAL REPORT View image in PDF format 03/22/2013--ANNUAL REPORT View image in PDF format 03/30/2012--ANNUAL REPORT View image in PDF format 04/18/2011--ANNUAL REPORT View image in PDF format 01/27/2010--ANNUAL REPORT View image in PDF format 06/16/2009--ANNUAL REPORT View image in PDF format 03/31/2008--ANNUAL REPORT View image in PDF format 03/10/2008--ANNUAL REPORT View image in PDF format 04/23/2007--ANNUAL REPORT View image in PDF format 04/14/2006--ANNUAL REPORT View image in PDF format 03/28/2005--ANNUAL REPORT View image in PDF format 02/26/2004--ANNUAL REPORT View image in PDF format 03/17/2003--ANNUAL REPORT View image in PDF format 02/26/2002--ANNUAL REPORT View image in PDF format 01/31/2001--ANNUAL REPORT View image in PDF format 03/14/2000--ANNUAL REPORT View image in PDF format 03/24/1999--ANNUAL REPORT View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/9/2018 Detail by Entity Name Page 3 of 3 1601 05/13/1998--ANNUAL REPORT View image in PDF format 02/10/1997—ANNUAL REPORT View image in PDF format 02/01/1996--ANNUAL REPORT View image in PDF format 04/03/1995—ANNUAL REPORT View image in PDF format Florida Department of State,Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/9/2018 1601 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 18-7235 for HVAC Preventative Maintenance and Remedial Repairs THIS AGREEMENT, made and entered into on this ,fit-?'A`'' day of 1)tic.i L 20 , by and between Tampa Bay System Sales, Inc. dba Tampa Bay Trane authorized to do business in the State of Florida, whose business address is 902 N. Rimes, Tampa, Florida 33609 , (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 ■ upon the date of Board approval ❑ on and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) 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(s) 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 ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of fI Request for Proposal (RFP) • Invitation to Bid (ITB) n Other ( ) # 18-7235 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. • The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 C 1 3.1 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, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 ❑■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A— Scope of Services attached hereto. 3.3 The procedure for obtaining Work under this Agreement is outlined in ❑ Other Exhibit/Attachment: 3.4 The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee 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 Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑ Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. 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 markup). 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 contracts include back-up documentation of costs; invoices would include 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. • Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 C 1 4.2 Any County agency may obtain 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. 4.4 ❑ (check if applicable) Travel and Reimbursable Expenses: Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to 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. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 C 1 Company Name: Tampa Bay Systems Sales, Inc. dba Tampa Bay Trane Address: 902 N. Himes Ave Tampa, Florida 33609 Authorized Agent: Sandy Tulecki Attention Name & Title: Nicolette Jacopelle Telephone: (813) 877-8251 E-Mail(s): nicole.jacopelle@trane.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Dennis Linguidi Division Name: Facilities Management Division Address: 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112-5356 Administrative Agent/PM: Miguel Carballo, Manager Facilities Telephone: (239) 252-5857 E-Mail(s): Miguel.Carballo@colliercountyfl.gov 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. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.]) 16C1 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. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the 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. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 C 1 D. ❑ Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ each claim and aggregate. E. ❑ Cyber Liability: Coverage shall have minimum limits of$ per claim. F. ❑ : Coverage shall have minimum limits of $ per claim. 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 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. Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1601 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), II Exhibit A Scope of Services, Exhibit B Fee Schedule, RFP/ n ITB/1-1 Other #18-7235 including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and n Other Exhibit/Attachment: Performance and Payment Bonds . 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. 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. 19. 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. 20. 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 Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.!) 16C1 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 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. Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C1 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Contractor may nullify the whole or any part of any approval for payment previously issued and the Contractor may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between the 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 failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. UI CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. Q WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver 1) 16C1 particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from 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 replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. U TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. • PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C1 upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. 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. 31. 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. 32. 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. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. _ KEY PERSONNEL. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C 1 n AGREEMENT 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 shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. [Ni ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. n ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. 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. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, 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@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C 1 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. 38. • SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) 16C1 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: BOARD OF C• • T COMMIS : ERS COLLIER Cr, NT ', FLORID' Dwight E. Brock, Clerk of Courts By: at r I $ • By: •_l,_ AI , Chairman Dated: 4 $ (Siliftbit as to Chlau'man's ContraaggurWltCf sses: Tampa Bay System Sales, Inc. dba Tampa Bay Trane Contractor jai Off , A --v- ___.,. .. .____-- : : Cr , Co actor s First Witness Sig == e •`/ ALL c)-- J ORE'S \1 Ei(h- T -i /3 7 G-ca Se.k.,u_-(cwiya.4 pe/print signature and title Ti e/print witne namet. lrtafb DLLLtCfA Contractor's Second Witness Vim' ' bIJM &H TType/print witness namet i 7 i App d as t. -orm :nd Legality: %, , Coun Attorney Ifflit i. Print Name item# Agenda u,_wit t Date �`� Date 5--)ril Rec'd 6:putyC-y1 ilk ' VIM c Page 14ofl7 fj Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) ` 1 1 6 C 1 Exhibit A Scope of Services • following this page (pages 1 through 7 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 C 1 EXHIBIT A— SCOPE OF SERVICES WORK DISTRIBUTION PROCESS #18-7235 The County Administrative Agent or designee must use B&I Contractors, Inc., as the Primary Contractor for this award. If B&I Contractors, Inc., the Primary Contractor, cannot provide the requested services within the timeframe and requirements specified by the County's Administrative Agent or designee, then Tampa Bay Trane Service, Inc., the Secondary Contractor, will be contacted. Should the Secondary Contractor be required to provide services in excessive of $200,000, a Bond in the format of Exhibit C-1 and C-2 will be provided to the County prior to commencing services. Page 1 of 7 16C 1 SCOPE OF WORK The intent of this solicitation is to obtain preventative maintenance and repairs for mechanical 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 preventative maintenance services and remedial maintenance including but not limited to maintenance and repairs of HVAC, Boiler and Water Heater systems, as well as be capable of furnishing industrial/commercial/residential HVAC and related electrical equipment. The systems covered by this scope of work may include but not be limited to: 1. HVAC and Related Control Systems: mechanical components, compressors, condensers, DX air handling units, air handling units, exhaust fans, fan coils, water pumps, belt drives, direct- drives, rooftop units, radiant systems, electric assistance systems, recovery units, blower wheels and housing, blower housing assembly and related components, condensers, evaporators, variable air volume (VAV) boxes, piping, air duct and sheet metal insulation work, damper-louvers-diffusers (supply and return vents), and other adjacent/integrated equipment. Note: The contractor shall perform refrigerant recovery on any system that contains refrigerant. 2. Ice machines and related systems 3. Boiler and related systems 4. Water Heater and related systems 5. Other mechanical equipment and/or related work associated with mechanical equipment may be required under this contract, including, but not limited to any mechanical system controls maintenance, repair,and cleaning. 6. Parts for in-house service,repairs, or equipment, as needed by the Division(s). All bidders must be comfortable with various energy management and building automation controls and software packages utilized by Collier County Facilities Management Division; which include, but are not limited to: Johnson Controls Metasysill and Automated Logic WebCTRL. NOTE: All major energy management equipment replacement will require full BACnet compatible and enabled controls devices and components. The County representative or designee must use the Primary Contractor as awarded by the resultant Contract. If the Primary Contractor cannot provide the requested services within the timeframe and requirements specified by the County's representative, then the Secondary Contractor will be contacted. If the Secondary Contractor cannot provide the requested services within the timeframe and requirements specified by the County Representative, then the Tertiary Contractor will be contacted. Bidder(s)will 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. The Contractor will be required to update, complete and close work requests and attach before and after pictures,as necessary. All bidders must provide requested certifications and licenses necessary to perform the services Page 2 of 7 16C1 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. The technicians shall be experienced in all facets of servicing a variety of different types of HVAC equipment and related Control systems. The County anticipates a minimum of six (6) journeymen and six (6) HVAC apprentices along with one (1) designated contract/ account representative to service the County needs. The Contractor's personnel assigned to the County under the Contract shall comply with the list presented in the bid documentation. Any change or substitution to the Contractor's personnel must be approved by the County representative or designee prior to becoming effective. 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 5:00 PM. After hours are considered before 7:00 AM and after 5:00 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. Types of services(See Attachment A—Schedule of Inspections) A. PREVENTATIVE MAINTENANCE SERVICES: For Preventative maintenance services of mechanical units, the County requires each piece of mechanical equipment to be visited and visually assessed one (1) time every six (6) months. Frequency for each task to be performed is located in Attachment A Schedule of Inspections. Preventative Maintenance services shall be priced and billed at a flat rate per unit price for one (1) Preventative maintenance service visit per equipment unit. The limit of $50,000 per individual project does not apply for the Preventative maintenance billing. For all equipment categories below, the following tasks are to be included. Contractor must: • Adjust any components and equipment, as needed. • If a belt needs to be replaced, leave a spare set of belts at the unit. • Maintain County service logs in all equipment. • Update records in all existing equipment. • Wipe down and clean (including dusting) any and all components, housings, or related items to remove all dust, debris, etc. • Report all issues or potential issues to County staff in writing. • Maintain good housekeeping. Ensure area is free of trash and work debris. • Take before and after pictures of all items completed and provide to County staff. Note: in the event the equipment does not have a service log, the contractor will add the service log to the equipment at no additional charge. The vendor shall maintain stock of items needed to perform the preventative maintenance, including but not limited to grease, lubrication oil, v-belts, condensate pan tablets, fuses, biocide disinfectants, all paints, protective finishes, rust removers and coil cleaners at no additional cost to the County. The cost of these items shall be included in the unit price. Following the preventative maintenance, a written report/check list must be provided Page 3 of 7 16C 1 detailing the results, services completed, and making specific recommendations for future remedial action upgrades, etc. Preventative maintenance on each unit/system is required to be completed in accordance with the manufacturer's recommendations. Preventative maintenance will be billed by item serviced. Actual records must be provided for payment. These records will include but not be limited to: a summary spreadsheet for each unit serviced with the date of service and an attestation signed by the Contractor. Typically, preventative maintenance will be completed during normal business hours (7:00am to 5:00pm); however, the County Representative or designee may request preventative maintenance during off-hours, as deemed necessary by the County Representative or designee. The Contractor shall update the list if changes occur during the maintenance activities. This list will be provided, at a minimum, once per month to the County Representative or designee. The Contractor shall maintain and update the list with the minimum inventory requirements data when performing scheduled maintenance of all equipment. The list should be up-to-date at all times. Anytime the inventoried equipment changes through additions, deletions, relocation or transfer, the Contractor will modify its records to indicate such action and maintain an accurate equipment inventory. All changes to the inventory shall be communicated in writing to the County Representative or designee. The County has the ability to update the minimum inventory requirements as needed, with notice to the contractor. 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 a County staff member authorized to adjust equipment inventory records. The Contractor will place asset stickers on the equipment, as necessary for no charge. Note: Exhibit B Master Equipment List has been included for reference. The County may add or remove equipment and increase or decrease frequencies and add or subtract locations as needed. B. MECHANICAL SERVICES for remedial repairs of mechanical equipment identified in the scope of work and parts for in-house repairs • Remedial repairs: 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. C. CONTRACTOR'S RESPONSIBILITIES 1. 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 mechanical systems. 2. Response time: Urgent response: For maintenance and repairs needed for the health, safety and well-being of the County staff and/or public,the urgent response shall be provided in no more than two (2) hours from the time of the initial contact. Non- urgent response: a response (at a minimum a telephone call)within twenty-four(24) hours is acceptable. For non-urgent repairs, the Contractor must be on-site and repairs begun within one(1) day of the purchase order being issued and/or work authorization for all areas Page 4 of 7 1 6 C 1 unless the County Representative and/or designee, approves a different amount of time for response. 3. 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. 4. Scheduling: Preventative maintenance services and repairs will be conducted during normal working hours, Monday through Friday, 7:00 am until 5:00 pm unless otherwise authorized by a County representative. To arrange for an appointment to perform service at a County facility,the Contractor may contact the County designee a minimum of 24 hours in advance of the work. Chemicals/products that must applied during normal business hours, or when building is occupied,must be approved by County Representative or designee. 5. When required, the Contractor must use a qualified engineer 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, when necessary and applicable. The Contractor's technicians shall have at least an EPA Section 6082 Type II CFC certification and documentation shall be submitted upon request. 6. The Contractor(s) shall use technicians who are trained and experienced with commercial HVAC, refrigerant handling requirements, building automation control systems, hydronic specialties, refrigerant and water piping, underground piping, mechanical insulation, water heaters and other related mechanical equipment. Although preventative maintenance of these items are not included in this scope,the Contractor(s)must use technicians who are competent and knowledgeable with water-cooled chillers, air-cooled chillers, static ice tanks (Calmac, FAFCO, etc),plate and frame heat exchangers, and cooling towers. 7. Repair Parts: 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 must be approved by the County Representative and/or designee. The Contractor(s) will be required to provide proof of the parts/materials/supplies supplied by providing invoices and/or photographs at the time of invoice submission. 8. Additions and Deletions of Equipment: The County retains the right to add or to delete any facilities and equipment 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. 9. 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, noting date, repair, materials, location, and/or disposal information. Anytime the inventoried equipment changes through additions, deletions, relocation or transfer, the Contractor will modify its records to indicate such action and maintain an accurate equipment inventory. All changes to the inventory shall be communicated in writing to the County Representative or designee. The County has the ability to update the minimum inventory requirements as needed,with notice to the contractor. Page 5 of 7 1 6 C 1 • When submitting a "unit price" Preventative maintenance invoice, the Contractor shall provide: ✓ A summary spreadsheet listing the equipment type, equipment size (tons, horsepower, MBH), equipment location, date of Preventative maintenance performed, unit price and total amount due. ✓ The invoice may be billed on a monthly basis for Preventative maintenance services that have been performed. ✓ Preventative Maintenance Service shall be billed at a unit price based on the rate identified in the contractor's bid. Unit price is for one (1) Preventative maintenance service visit per equipment unit. The County requires two (2) Preventative maintenance visits per year per equipment performed every six(6)months. ✓ The limit of $50,000 per individual project does not apply for the Preventative maintenance billing. ✓ Attestation signed by the Contractor that the work is completed in conformance with the Preventative maintenance requirements of the solicitation. • When submitting a "time and material" invoice for Remedial maintenance projects up to $50,000, the Contractor shall provide: ✓ A Purchase order number, work request number, date, location and description of the work performed. ✓ An itemized breakdown of labor time spent by the Contractor's employees (number of hours times hourly rate), and supplies, parts, and equipment used (cost plus percentage mark-up). ✓ The itemized breakdown will reflect rates provided in the bid schedule. ✓ The 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 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. 10. Exclusion of County Permits in Bid Prices: To ensure compliance with Section 218.80, F.S., 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 may include such permit fees as a line item on their invoice. Page 6 of 7 16C1 11. Warranty: All new equipment/ parts warranty work shall be provided by the original warranty supplier. All warranty responsibility for parts or equipment previously purchased, but still under warranty will continue to be provided by the original warranty supplier until expiration of the warranty period. Upon expiration of the warranty period, responsibility for maintenance shall automatically transfer to the contractor, unless otherwise directed by the County Representative or designee. All trouble calls shall be initially reported to the Contractor. If the trouble call involves a warranty item, the Contractor shall notify the County Representative or designee, who will then have the responsibility of placing and tracking the warranty trouble call with the warranty supplier. Maintenance of the warranty inventory list and the notification of a warranty trouble call to the County Representative or designee shall be provided by the Contractor at no additional cost to the County. Parts and fixtures shall be new and warranted for a minimum of one (1)year or the maximum allowed by the manufacturer, whichever is greater. All labor for repairs shall have a minimum of ninety (90) day warranty. All call backs will be free of charge. No labor will be billed or allowable in the event defective parts were used. An extended warranty may be purchased through the Contractor from the manufacturer without any markup being charged to the County. 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, the County determines that3 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 replacement or 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. Page 7 of 7 1 6 C 1 Exhibit B Fee Schedule following this page (pages 1 through 2 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C1 EXHIBIT B- FEE SCHEDULE SECONDARY-Tampa Bay Trane Service, Inc. Annual Preventative Maintenance Services(Line Items 1-31) Price per unit is the price for one(1)Preventative maintenance service visit per equipment unit. The County requires two (2) Preventative maintenance visits per year per equipment every six (6) months. Indoor and Outdoor Units (DX systems), Interior Fans, and All Other Item Tonnage Based Equipment not listed below in a separate section Price per Unit System Description (AHU-R, MINISS, CU, OAU,WMU, etc.) 1 Under 2.5 tons $ 150.00 2 2.5 - under 5 tons $ 150.00 3 5 tons $ 150.00 4 6- 10 tons $ 150.00 5 11 -20 tons $ 150.00 6 21 - 100 tons $ 225.00 7 Greater than 100 tons $ 225.00 Note: Excludes Building K- Chiller/ Energy Building Ice Tanks Item Ice Machines System Description ICEMACH Price per Unit 8 0-299 pounds $ 75.00 9 300-499 pounds $ 75.00 10 500-999 pounds $ 75.00 11 1,000+ pounds $ 75.00 Item Building Exhaust Fans System Description EXFAN Price per Unit 12 Building Exhaust Fans with Belts $ 75.00 Note: For the Naples Jail (Building J1)this excludes direct drive fractional motored fans Item Chilled Water Air Handler System Description AHU-W Price per Unit 13 0-4.99 Horsepower $ 75.00 14 5.0-19.99 Horsepower $ 75.00 15 20.0-49.99 Horsepower $ 112.50 16 50+ Horsepower $ 150.00 Pumps Item System Description CHWP-2ND, CHWP-PRI, CUP, CWP, GLY PUMP, Price per Unit MWP 17 0-4.99 Horsepower $ 37.50 18 5.0-19.99 Horsepower $ 37.50 19 20.0-49.99 Horsepower $ 37.50 20 50+ Horsepower $ 37.50 Note: Pump prices exclude Building K- Chiller/Energy Building (16 Pumps) 1 6 C 1 Item Air Conditioning Package Units System Description PACKG Price per Unit 21 Under 2.5 tons $ 75.00 22 2.5- under 5 tons $ 75.00 23 5 tons $ 75.00 24 6 - 10 tons $ 75.00 25 11 -20 tons $ 75.00 26 21 - 100 tons $ 112.50 27 Greater than 100 tons $ 150.00 Item Boilers B System Description BOILER Price per Unit 28 MBH 0- 1,000 $ 85.00 29 MBH 1,001 - 1,500 $ 85.00 30 MBH 1,501 -2,000 $ 127.50 31 MBH 2,001+ $ 170.00 Note: 1 MBH = 1,000 BTU /hour B. REMEDIAL REPAIRS BOTH ROUTINE AND URGENT: Hourly Rate for Personnel Categories for Time and Material Requests A Category Repair Services Regular hours 39 Supervisor(per hour) $ 85.00 40 Licensed Journeyman (per hour) $ 85.00 41 Apprentice (per hour) $ 35.00 42 Controls Technician (per hour) $ 105.00 Note: A one time$150.00 Urgent Service Call Fee is allowed when responding in addition to the hourly rates. Note: A fifteen (15%) percent mark-up on subcontractor's invoice is allowed. Note: A ten (10%) percent mark-up on parts and materials is allowed. 1 6 C1 Other Exhibit/Attachment Description: Performance and Payment Bond Requirements n following this page (pages 1 through 7 ) this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C1 OTHER EXHIBIT: PERFORMANCE AND PAYMENT BONDS REQUIREMENTS The Primary Contractor is required to provide a Performance and Payment Bond for the duration of the contract term. The amount of the bond shall be in the amount of$427,100. 16C1 Exhibit C-1 PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the_day of , 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of under-signed representative, pursuant to authority of its governing body. 16C 1 Signed, sealed and delivered in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR 1601 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of 20 , by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not)take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: 16C1 EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ )for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. 1 6 C 1 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by , as of , a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: 16C1 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_, by_ , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not)take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: __-----, 16C 1 AR® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/01H DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Lykes Insurance, Inc. PHONE Diane Cocking FAX P. 0. Box 2879 (A/C.No.Ext•813-470-5038 (A/c,No): Tampa FL 33601-2879 ADDRESS: dcocking@lykesinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Westfield Insurance Company 24112 INSURED TBTRA-1 INSURER B:Bridgefield Employers Ins Co. 10701 Tampa Bay Systems Sales, Inc. dba Tampa Bay Trane INSURERC:Indian Harbor_ 36940 902 North Himes Ave INSURERD:Travelers Property Casualty Insurance Company Tampa FL 33609 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 1504465939 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRIN. R MD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY Y Y CMM0154905 12/31/2017 12/31/2018 EACH OCCURRENCE $1,000,000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $150,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X jECT LOC $ A AUTOMOBILE LIABILITY Y CMM0154905 12/31/2017 12/31/2018 COMBINED SINGLE LIMIT (Ea accident) $1,000 000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) - __ X PIP$10,000 $ D X UMBRELLA LIAB X OCCUR ZUP15R6693817NF 12/31/2017 12/31/2018 EACH OCCURRENCE _$10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$10,000 Prod/Comp Opts $10,000,000 g WORKERS COMPENSATION 0830-52169 1/1/2018 1/1/2019 X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY I IMITS ER ANY YI PROPRIETOR /PARTNERE ECUTIVE N N/A E.L.EACH ACCIDENT $500,000 OF(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 C Profressional Liability PEC004882900 12/31/2017 12/31/2018 Each Loss 2,000,000 Claims Made General Aggregate 2,000,000 Retro Date 6/2/15 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Collier County Board of County Commissioners,OR Board of County Commissioners in Collier County,OR Collier County Government,as additional insured for any and all work performed in Collier County as respects to general liability and automobile liability with primary and non-contributory wording as required by written contract subject to all policy terms,conditions,limitations and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples FL 34112 AUTHORIZED REPRESENTATIVE \A)100:-.600."' P 0.44.44- Z ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD