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#18-7333 (N.R. Contractors, Inc.) FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT 18-7333 for Small Projects and General Contracting Services THIS AGREEMENT, made and entered into on this Kr day of `_u\y 201$ , by and between N R Contractors, Inc. authorized to do business in the State of Florida, whose business address is PO BOX 110127, Naples, Florida 34108 , (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 ❑ Request for Proposal (REP) ■ Invitation to Bid (ITB) Other ( ) # 18-7333 , 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) 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 Ii The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 3.3 .- e e.-e- - _ ee . . __..-. _- . .__ � Other ther Exhibit/Attachment: 3.4 (Ui 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): I ,. e _ ,. -_.. - ,-., : • •• : -• e e - e•..- .-e e - e - - ; -- - - transferred from the County to the contractor; and, as a business practice there are no is authorized. . . _ _._ -e e e- -- _e• - - e e .- - -- e -ee ,, _ __ -__ _ _ . _ . __. -_ - •n projects in that the project requirements would most likely change. As a general busine:c practice, of hours worked and billing rate by position (and not company (or subcontractor) documentation for the project. n 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.l) 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 -5- -- e e . •• e . - - e - e : • - - : Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel Reimbursements shall be at the following rates: Mileage $0.44.5 per mile Brea fast $6:490 Lunch $44,00 Dinner $49,89 Ai #a+e _.-- clasa e Rental car Actual rental cost limited to compact or • - -- = e e.•e - -e ----- - 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 ese - - -- - -- - --- -- - --- ---- - -- --- -- - •5 ee -- • -,-.5-e- - - items will be paid only after Contractor has provided all receipts. Contractor shall be 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 # 85-8015966531C. 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'ti Company Name: N R Contractors, Inc. Address: PO Box 110127 Naples, Florida 34108 Authorized Agent: Ray Muslimani, President Attention Name & Title: Telephone: 239-597-9083 E-Mail(s): RaymusAcomcast.net 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: Miguel Carballo, Interim Director Division Name: Facilities Management Address: 3335 Tamiami Trail.East, Suite 101 Naples, Florida 34112-5356 Administrative Agent/PM: Miguel Carballo Telephone: 239-252-8380 E-Mail(s): Miguel.Carballo@colliergov.net The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) s 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. n 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. �I 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) - --- e= ••-•• - ' -- - - - e -• --- Agrccmcnt. Contractor waivcs its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not loss than $ each claim and aggregate. I Cybor Liability_Coverage shall have minimum limits of$ per claim. n : 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) 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, I I RFP/ SII ITB/I I Other #18-7333 , including Exhibits, Attachments and Addenda/Addendum, I I subsequent quotes, and n Other Exhibit/Attachmcnt: 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) 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. 4'/ 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. n 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.1) 'Y0) 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. ■ 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. Ii 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 form 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) 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. n KEY PERSONNEL. The Contractor's personnel and management to be utilized for right to perform investigations as may be deemed ncce;vary to ensure that competent as many people as necessary to complete the services on a timely basis, and each person _ .- .... _. . ... ill .._ - ■- _...- . - ._ _ • • •- 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 personnel. Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver 1) 1(0-3 Ili 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. ■ 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. 1 . - . - + - - -w -w among the terms of any of the Contract Documents and/or the County's Board approved w - w all other Contract Documents, except thc terms of any Supplemental Conditions shall take precedence over the Agreement. To thc 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) 3"mayy 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$500 per incident. 38. n SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF C' NT. COMMI : V' , RS CRYSTAL;,K..�}IN��LQ -_ - COLLIER C'i NT , FLORID • INTERIM '.4• • B � iej ' ..�`i�� By: •• Y r L;_ — Andy Solis, Esq. , Chairman Dated. • : � ��$ (SEAL A': Attest as`to c •irtnan signature only. N R Contractors Inc. Contractor's Witnesses: Contractor DBA ,\y, 410 By. --_ Contractor's First Witness ignatu ' '') kc:s.' Qx; c. V s\,`� \ TType print signature and title Type/ • t witness nam-1' b7Jfr7 / /,j Contractor's Second Witness At4I113-)4/1/4, 14- 2- 1'Type/pwitness nam Sproved as to rm an Legality: v _z_e_L______ '�;v1.../ County Attorney I —4.4A Prame Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) Exhibit A Scope of Services 1.1 following this page (pages 1 through 5 ) this exhibit is not applicable Page 15 of 17 OV3 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) EXHIBIT A-SCOPE OF SERVICE A qualified bidder will provide minor (under $100,000) repair services, construction, renovation and installation services, maintenance services. Normal and after-hours repair services will be required County wide and include, but not be limited to the following examples of typical work required: • New construction work for office renovations and building additions; • Repairs for aluminum sheds and carport repairs; • Inspection of stairwells and installation of non-slip stair tread; • Welding services including repairs, replacements, and installations; • Repairs/Replacement/Installation of metal handrails, ladders, and miscellaneous iron work; • Construction and/or installations of cabinets; • Exterior and/or interior wall repairs; • Gutter repairs and/or installation; • Concrete repair; • Installation of new and/or re-used overhead lighting in existing locations • Clean storm sewer catch basin • Door repair and/or installation • Carpentry; millwork • Window replacements and repairs; • Glass or mirror repairs and/or installation. • Shutter replacements and repairs; • Drywall repair, patching and/or installation; • Installation and replacement of ceiling tiles; • Installation of ceiling fans; • Installation of insulation; • Flooring repairs and/or replacement • Signage • Toilet Partition and Accessories repair and replacement work • Furniture, fixture, and equipment repairs and/or office furniture installations; • Water fountain repairs, replacements, and installations; • Flag Pole Repair and Replace • Debris removal and clean-up Bidder(s)will be required to use the County's Work Management procedures,such as utilizing 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. The County anticipates an estimated 250 to 1,000 work orders each year. The awarded Contractor(s) shall use either a skilled laborer or a non-skilled laborer to complete all work in accordance with the requirements specified in the bid.A skilled laborer will be any work that will require a license. A non-skilled laborer would be any work that does not require a license. All facility maintenance or related repairs are required to be completed in accordance with the manufacturer's recommendations, if applicable. Actual records must be provided for payment. These records will include but not be limited to: a summary spreadsheet for each unit services Page 1 of 5 with the date of service and an attestation signed by the awarded Contractor(s). Typically, maintenance and repair services will be completed during normal business hours this is classified as routine work. The County may request services during afterhours 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. Afterhours are considered before 7:00 AM and after 5:00 PM on weekdays and at any time on Saturday, Sunday or County Observed Holiday. After rate hours will be calculated at 1 and 1/2 time the hourly rate provided in the bid schedule. Types of services Routine work: The County representative or designee will provide a scope of work to be performed to the awarded firm and request that a quote from the selected firm is to be provided within 5 business days, unless otherwise directed by the County representative or designee. Quotes are to be fully burdened with all labor, equipment and materials included. In each scope of work the County representative or designee reserves the right to specify:the period of completion, warranty requirements, collection of deductions / fines or actual costs in the event of late completion,and/or non-compliant performance and/or vendor caused damages. Once a purchase order is issued, the County representative or designee would expect that the work commence when scheduled, unless otherwise directed by the County representative or designee. Urgent Repair Work: The County will issue a written work request for all work. The County requires a response to any urgent repair request within 2 hours of initial contact. The vendor will be required to be mobilized and on site within six(6) hours of the vendors response to the County. An urgent response flat rate fee of$150.00 will be allowed in the event the County requires a two (2) hour response time regardless of normal or afterhours. After Hours Services: The County representative or designee will identify the needed maintenance and repair and request that work be completed as soon as reasonably practicable. The County representative or designee may direct the Contractor to commence work through a written communication. In the event when the Contractor does not fulfill these response requirements, the County reserves the right to reassign the work to the other Contractors awarded, or to request quotes or bids from other vendors following the Board's Procurement Ordinance. Contractors Responsibilities 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. 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). Where necessary, work shall include proper permitting, as required, and the Contractor(s) shall be responsible for permit submissions, unless otherwise instructed by the County. Permit fees may be included as a line item on invoices/quotes with no markup.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 applicable jurisdiction) with the experience and ability to obtain all permits required for any and all repairs, when necessary and applicable. Page 2 of 5 Odd The Contractor(s) will maintain sufficient personnel to accomplish County's work demand and secure qualified supplemental labor in event of an emergency. Repair Parts: All repair parts and materials must meet Collier County Vertical Standards. 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 photographs at the time of invoice submission. Mark up for any parts, materials, equipment, etc shall be 10%. Subcontractors: The Contractor(s) will be required to provide proof of the subcontractor services supplied by providing invoices at the time of invoice submission. Subcontractors shall be on a strictly cost plus 15%. 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. Incidents: Contractor must report any/all recordable accidents/hazards within 24 hours of occurrence to County in writing. • When submitting an invoice for projects up to $100,000, 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. ✓ Administrative hours for quoting, invoicing, providing back-up and supporting documentation will not be allowed and should not be incorporated into the bid pricing. Inspections: The County and the Contractor(s) may conduct an inspection of the completed services provided in response to any resulting purchase order. Any deficiencies noted during an inspection shall be corrected before final acceptance. Such deficiencies will be corrected within 24 hours after receipt of notification, at the Contractor's expense, or the County may follow the provisions in Performance Measures and Contract Deductions Section. Deductions may be imposed at the time of initial notification for lack of performance. If the Contractor(s) fails to correct the defects within this time frame, the County shall be entitled to have the work remedied, charge a deduction (see Section - Performance Measures and Page3of5 Ammoimminimilt Contract Deductions), and the Contractor(s) shall be fully liable for all costs and expenses reasonably incurred by the County. Performance Measures and Contract Deductions: The Contractor(s) shall maintain compliance with the following performance measures: • The Contractor(s) will provide all required reports and records within the time frame specified to the County Representative or designee. • The Contractor(s)will advise the County, in writing, of any extenuating circumstances that will prohibit the Contractor from meeting the above-outlined performance measures. • The Division Management and/or County Representative shall be the final authority on any issues that may arise as to the quality and acceptability of any work performed under the resultant contract. • If any tasks are omitted or not performed satisfactorily, fully, and completely and with the frequency designated by the Contract, the entire affected area as defined solely by the County Representative or designee shall be found to be a non-performance area and a deduction shall be levied. Equipment Inventory: The Contractor(s) shall, under no circumstances, remove any equipment containing a County asset sticker. The Contractor(s) shall request that, when replacing equipment, the asset sticker be removed by an appropriate County staff member authorized to adjust equipment inventory records. Facility Safety and Security: Work must be performed in accordance with industry standards and guidelines. The Contractor(s) will comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of the services requested herein. Any fines levied due to inadequacies, or failure to comply with any requirements, will be the sole responsibility of the Contractor(s). Any employee or representative of the Contractor(s) found not in conformance with any laws, statutes, rules or regulations will not be allowed on job sites. Violations by a Contractor may constitute cause for immediate termination of the Agreement. The Contractor(s) shall replace or repair any loss at their cost. The County may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property or persons through negligence of the Contractor and its employees. The Contractor(s) must comply with Federal and State right-to-know laws if hazardous materials are used. Material Safety Data Sheets(MSDS)will be made available and provided to the County per the County Representative's direction.The Contractor is required to immediately report to the County Representative or designee any spillage or dumping of hazardous material on County property. The Contractor shall bear all costs associated with the cleanup of any such incidents. The successful Contractor(s)will be asked to work in the Collier County Sheriff Office Correctional Facilities and other areas considered "high security", which require thorough background checks of personnel and tools taken into such Facilities. 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. Page4of5 F' 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, 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. Clean-up: The Contractor(s) shall be responsible for removing all debris from the site and cleaning affected areas in the most environmentally friendly manner possible. The Contractor(s) shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon request by the County's representative, shall remove such debris and materials from the property. The Contractor(s) shall leave all affected areas as they were prior to beginning work. There will be no cost to the County for clean-up. Page 5 of 5 O J. Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) t7 EXHIBIT B-FEE SCHEDULE #18-7333 Small Projects and General Contracting Services Pricing must be all inclusive. Mark up for any parts,materials, equipment,etc shall be 10%.Subcontractors shall be on a strictly cost plus 15%. Documenation of awardees'cost must be provided with actual invoice from the supplier.After hours will be calculated at 1 and 1/2 time.After hours are considered before 7:00 AM and after 5:00 PM. Normal business hours are considered between 7:00am and 5:00pm.An urgent response flat rate fee of$150.00 will be allowed in the event the County requires a two(2) hour response time. The Holiday Schedule is listed under the Excel N R Contractors Inc.(PRIMARY) Line Item Descripton Unit Unit Price 1 Skilled Labor(GC License required) Hourly $ 55.00 2 Non-Skilled Labor(No license required) Hourly $ 25.00 Cd Other Exhibit/Attachment Description: 7 following this page (pages through ) • this exhibit is not applicable O Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) ® DATE(MMIDDIYYYY) AC� CERTIFICATE OF LIABILITY INSURANCE 7/17/2018 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 have ADDITIONAL INSURED provisions or 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: LIZ Lewis Arthur J. Gallagher Risk Management Services, Inc. PHONE 239-262-7171 FAX 1395 Panther Lane ( C.No.Ext): (A/C,No):239-262-5360 Naples FL 34109 ADDRESS: IIZ lewis@ajg. com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Builders Ins Co 16632 INSURED INSURER B:Auto-Owners Insurance Company 18988 NR Contractors, Inc. PO Box 110127 INSURER C:National Builders Insurance Company 16632 Naples FL 34108 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:621903714 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 ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) IMM/DD/YYYY) LIMITS C X COMMERCIAL GENERAL LIABILITY Y GLP008824307 7/16/2018 7/16/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 _ POLICY PRO-JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y 5115371500 4/10/2018 4/10/2019 COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $1,000,000 OWNED X SCHEDULED BODILY INJURY(Per accident) $1,000,000 AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $300,000 AUTOS ONLY AUTOS ONLY (Per accident) _ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION WCV008843807 7/16/2018 7/16/2019 X MUTE EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (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 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Commissioners is Additional Insured with regards to General Liability policy on a primary and non contributory basis and Auto Liability Policy as required by written contract with respects to work performed by the name insured. 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 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD