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Backup Documents 01/12/2021 Item #16C2 (Crowther Roofing & Sheet Metal of Florida)
UTING ORIGINAL ALL ORIGINAL DOCUMENTS SENT TOLIP TO ACCOMPANY 1 6 C 2 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 eCr 1 �Oz./ 2. County Attorney Office County Attorney OfficeS U(�(,� A 4. BCC Office Board of County ciVA Commissioners l 1114-) 4. Minutes and Records Clerk of Court's Office Ig` 1 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 Jessica Suarez/PURCHASING Contact Information 239-252-8407 Contact/Department Agenda Date Item was January 12th 2021 Agenda Item Number 16.C.2 Approved by the BCC Type of Document AGREEMENT Number of Original 1 Attached Documents Attached PO number or account N/A 20-7765 CROWTHER number if document is CROWTHER ROOFING AND to be recorded ROOFING AND SHEET METAL SHEET METAL OF OF FLORIDA, INC FLORIDA, INC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 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 JS 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 JS 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 JS 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 01/12/2021 and all changes made durin D r the meeting have been incorporated in the attached document. The County •Vo*""ot • Attorney's Office has reviewed the changes,if applicable. / N this line. 9. Initials of attorney verifying that the attached document is the version approved by the ,` I'as not BCC,all changes directed by the BCC have been made,and the document is ready for the 4 an option,, Chairman's signature. this line. Managie'rrint 16C2 MEMORANDUM Date: January 21, 2021 To: Jessica Suarez, Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Agreement #20-7765 "Roofing Preventative Maintenance and Remedial Repairs" Contractor: Crowther Roofing & Sheet Metal of Florida, Inc. Attached for your records is a scanned copy of the referenced document above, (Item #16C2) adopted by the Board of County Commissioners on Tuesday, January 12, 2021. The Board's Minutes & Records Department has kept the original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 16C2 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 20-7765 for Roofing Preventative Maintenance and Remedial Repairs THIS AGREEMENT, made and entered into on this 1 day of i1(1111r5' 20 20 , by and between Crowther Roofing and Sheet Metal of Florida, Inc. authorized to do business in the State of Florida, whose business address is 2543 Rockfill Road, Fort Myers, FL 33916 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing ■ upon the date of Board approval I I 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 ❑ d- 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of I11 Request for Proposal (RFP) Other ( )# 20-7765 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ■I The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1of17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 C 2 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. � J Other Exhibit/Attachment: n-eaeh-Request for Quotations: the period • 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): n • ; • business practice there are no +s authorized. n 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. I■I 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) a; 16C2 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 "lashes" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4,4 : Travel and ed in advance in writing-by-the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. • Mige $9-44,5--per-mile Breakfast $6 00 L.E.ne $11.00 Diner $19.00 Airfare elcase-fa e Rental-ear JLedging Parking Actual cost of parking • . inlbursable 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.l) 16C1 Company Name: Crowther Roofing and Sheet Metal of Florida, Inc. Address: 2543 Rockfill Road Fort Myers, FL 33916 Authorized Agent: Kevin Callans, President Attention Name & Title: Telephone: 239-997-1300 E-Mail(s): Crowtherservicecrowther.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: Damon Grant Division Name: Facilities Management Division Address: 3335 Tamiami Trail East Naples, FL 34112 Administrative Agent/PM: Juan Delgado, Operations Analyst Telephone: 239-252-7292 E-Mail(s): Juan.Delgado@_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) 16C2 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. U 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. U 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) CAO 16C2 g- n Professional-Li h ll h [a ini�mmTTtC�$f Q '��r^oialF7a €-: Gybe�-Liability: COveFa4� I : Coverage shall have minimum limits of$ 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) CAO 16C2 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/ n Other #20-7765 , including Exhibits, Attachments and Addenda/Addendum, subsequent quotes, and ■ Other Exhibit/Attachment: Federal Contract Provisions and Assurances. 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) I 16C2 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) 252-8999 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.I) CAO 16C2 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 County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to 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. IMI 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) CAO I6C2 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. IN 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 to 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 Page l0 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) CAO 16C2 foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by 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. onditions-are • 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) CAO 16C2 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. n of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, proved 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) CA 1 6 C 2 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. I. 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) C 16C2 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD F OUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Courts & COLLI NTY, FLORI Comptroller B By: Penny Taylor, Chairperson (SEAL) Crowther Roofing and Sheet Metal of Dated: ' Florida, Inc. ContractoSlgfl Utt lyes: Contractor DBA By. 1 ,,,d , ctor's itness Sign%ur C( ,� ( PcQLe J `j� f 4 {)�'f�'i ' / / j Type/print signature nd title I TType/print witness n�meT Contra•- and Witness 1v inU TType/print witness nam T Appr d as to Form and Legality: item# (stiCa-WA-County Attorney Agenda l I Date Print Name t\�v\ Date LIW/Z( Rec. Deputy;Clerk Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Vcr.I) CAO 16C2 Exhibit A Scope of Services n following this page (pages 1 through 5 ) n this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) CAO, 16C2 RFP#20-7765"Roofing Preventative Maintenance and Remedial Repairs" EXHIBIT A SCOPE OF SERVICES BACKGROUND Collier County Facilities Management Division is responsible for maintaining various County owned and leased buildings and facilities throughout Collier County. In order to maintain the integrity and continuous operation of these facilities,the County intends to award contracts to perform:Roofing Maintenance and Remedial Repairs. The Contractor/s will provide roofing system repairs,other roofing related services,roofing systems maintenance services,remedial repairs,and urgent roofing repair services. DETAILED SCOPE OF WORK The intent of this award is for roofing repairs and periodic maintenance services of roofing systems for County owned and operated facilities in order to minimize operational down time and for facilities to be maintained in top operating condition. This contract is awarded on a Primary and Secondary basis. If the Primary Contractor cannot provide the requested services,the County may move to the Secondary Contractor. Further, should contract termination of the Primary or Secondary Contractor occur, either by default or for convenience,the Secondary Contractor will automatically assume the role of the Primary Contractor. The County's buildings cover multiple locations and the Contractor(s)shall be capable of handling the maintenance and repairs. The Scope of Work is divided into two parts: Part I: Roofing Preventative Maintenance Part 2: Roofing Remedial Repairs Roofing replacements are not covered under this Scope of Work. Part 1. Roofing Preventative Maintenance The Primary Contractor will be Collier County's primary preventative maintenance resource for all roofs maintained by Collier County Facilities Management Division. The Contractor will be required to maintain an industry standard roof management and tracking database of all roofs and provide recommended scheduling of preventative maintenance based on the manufacturer's requirements,warranty commitments and/or industry expertise. The County will coordinate with the Contractor and provide direction and authorization to proceed,with portions of this schedule, based on the availability of funds and other considerations. The Contractor will provide preventative maintenance checklists suitable for each of the roof types being maintained and follow up each preventive maintenance action or set of actions,with a completed checklist or report,identifying,at a minimum,what work was performed,descriptions and pictures of what deficiencies were found and what action is recommended outside the typical preventative maintenance schedule.This should include any recommendations for roof replacement to enable Collier County to effectively budget for this work on a five year look ahead. The below outlines the minimum of what should be included,when applicable,during a preventative maintenance visit: • Wash or rinse roof in accordance with manufactures requirements. • Clean roof drains,gutters and downspouts. • Check for tiles or shingles that are loose,broken,displaced or missing.Re-secure or replace up to three during the initial visit and report deficiencies if widespread. Page 1 of 5 Exhibit A-Scope of Services CAO 1 6 C 2 • Check all edge metal for separating seams and curling at the edges or corners of the roof.Provide minimal sealing or securing of separated seams in up to three locations during the initial visit and report deficiencies if widespread. • Check all caulking,sealants,and roofing cement for cracks and other signs of damage. • Check all flashing,membranes,metal sliding,and copings for defects/deterioration. • Check for the presence of algae,mold or fungus that can eat away at roofing material. • Dispose of any debris,waste or plant life on the roof,especially behind HVAC units,pipes,and pitch pans,and any other roof penetrations;especially if the roof is asphalt based. • Check for standing water on the roof and proper functioning of roof drains. • Perform water test for proper drainage, and removing debris in sumps, gutters, downspouts, drains and scuppers. • Check metals in the roofing systems for rust,and other damage,detachment,or deterioration. • Check for blisters,open seams or other small deficiencies in the roof.Complete small repairs as necessary in up to three locations during the initial visit and report deficiencies if widespread. • Check parapet walls and other details for signs of deterioration and/or damage.Provide minimal sealing at up to three locations during the initial visit and report deficiencies if widespread. Part 2: Roofing Remedial Repairs Scheduled and on-call roof repair and minor restoration work including,but not limited to,the following: • Providing temporary tarping and/or related protection services • Minor roofing restorations • Demolition associated with repairs • Roof blocking,cant strips and sheathing as required • Built-up roofing systems • Single-ply roofing systems • Metal roofing systems • Shingle roofing systems • Tile roofing systems • Roof insulation systems • Gutters and downspouts • Exterior soffits and fascia • Parapet flashings,membranes,metal siding and copings • Membrane and sheet metal flashings • Metal trims,cap flashings,etc. • Skylights repair/replacement • Roofing curbs,mechanical equipment supports and other mechanical penetrations • Piping supports • Scuppers,roof drains,overflow drains,etc. • Lightning protection repair or removal • Flashings and sealants related to mechanical and electrical systems on the roof • Disposing of any waste associated with the repair work • All other roof related repairs including protection,temporary or permanent repair of components and finishes affected by roof system failures or repair activities. • Applying for,obtaining,and managing applicable permits • Clean up all areas associated with their work. For on-call and urgent repairs, the County may maintain certain open purchase orders and, in these cases,written authorization to begin work utilizing these purchase orders must be received prior to beginning the work. Additional Information: The County Representative and/or designee will provide a full scope of work for each roofing preventative maintenance and remedial Page 2 of 5 Exhibit A-Scope of Services CAO 16CL repair action or project to the Contractor.The Contractor will submit a proposal for the cost of the work.Upon receipt of an approved purchase order from the County,the Contractor may begin the work.If the Primary Contractor cannot perform the work or does not respond in a reasonable timeframe,the County will move on to the Secondary Contractor. 1. Compliance: 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 roofing needs.The Contractor,subcontractor and employees shall comply with all Occupational Safety and Health Administration(OSHA)safety standards,rules and regulations,as well as all applicable Federal,State and Local laws and regulations.The Contractor will supply all required safety equipment and properly trained employees. All facility maintenance and related repairs shall conform to Florida Building Codes,all existing Governing Authorities Codes and Regulations.Contractor(s)will comply with: • The specifications/qualifications published by the National Roofing Contractors Association(NRCA) • The Sheet Metal&Air Conditioning Contractor's Association(SMACNA)standards • Contractors will provide and maintain roofing systems in accordance with Manufacturer's technical specifications and warranty requirements,as applicable • All work must be completed in compliance with Collier County Vertical Standards unless specifically exempted in writing by Facilities Management Division County Representative or designee.The latest Vertical Standards are located at the following website: http://www.colliercountyfl.gov/home/showdocument?id=86056. The Vertical Standards are"living documents"and the awarded Contractor(s)shall review and reference the latest version when proposing work. Failure to comply with these Standards will result in out-of-compliance work and shall be remediated by the Contractor(s)at no additional cost to the County 2. Facility Safety and Security: Work must be performed in accordance with industry standards and guidelines. Contractors 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 Contractors.Any employee or representative of the Contractors 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. Contractors shall replace or repair any loss at the Contractor's 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. Contractors shall 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 and/or designee's direction. The Contractor is required to immediately report to the County Representative and/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. Contractors will be asked to work on the Collier County Sheriff Office Correctional Facilities and other areas considered "high security", which require thorough background checks of personnel and control measures must be followed when servicing these Facilities. 3. Response Times: • Urgent Response: The County Representative and/or designee will notify the Contractor via email and/or phone call when the request for services is urgent and immediate repairs are needed to protect the health,safety and well-being of the County staff and/or public or protect the facility from further damage. The Contractor shall respond via email or phone to an urgent request within four(4)hours after the County has issued the urgent request. Within six(6)hours after the County has issued the urgent request,the Contractor will be on site to repair and/or evaluate. • Non-urgent Response: A response from the Contractor(at a minimum a telephone call or email)within twenty-four (24)hours is acceptable.For non-urgent repairs,the Contractor shall be on site and repairs would begin within five(5) days after receipt of an approved purchase order unless the County Representative and/or designee,approves a different amount of time for response. Typically,maintenance and repair services will be completed during normal business hours;however,the County may request services during off-hours,as deemed necessary by the County Representative and/or designee.Normal business hours are considered Monday through Friday between 7:00 AM and 6:00 PM.After hours("off-hours")are considered Page 3 of 5 Exhibit A-Scope of Services CAO 16C2 before 7:00 AM and after 6:00 PM on weekdays and at any time on Saturday,Sunday or County Observed Holiday.An after-hours rate of time and a half will be compensated for off-hours services. 4. On-call Schedule:The Contractors shall provide contact information(to include email and phone number)for appropriate representative(s)to assist with routine and after-hours calls.At least one representative shall be available twenty-four(24) hours a day,seven(7)days a week.Each Contractor will be required to provide a staffed central office from which personnel are dispatched. 5. Office Requirement: Contractors will be required to provide a staffed central office from which personnel are dispatched. At a minimum,this office shall be staffed between 7:00 am and 6:00 pm,Monday through Friday. 6. Personnel: The Contractor shall use a qualified professional or company representative (with all related licenses and certifications being current and in full force and effect)with the experience and ability to obtain all permits required for all repairs,etc.when necessary and applicable. Each Contractor shall ensure that all its personnel assigned to tasks on the contract are properly trained and equipped. Contractor personnel shall be provided with a fully equipped truck or service van that includes appropriate small tools,spare parts and materials in order to complete routine repair work without delay. The Contractor will be required to provide personnel who have experience in managing large multi-facility roof maintenance as well as roof inspection, leak tests and repairs, waterproofing, minor restoration, core samples/testing, and moisture surveys.Additionally,all personnel must have experience with different types of roof systems and materials including,but not limited to,asphalt and coal tar-build up,modified bitumen,EDPM,TPO,metal,shingles,coatings,and standing seam. Contractor/Technician shall possess and maintain all certifications,credentials and licenses necessary to perform the services outlined in the scope of work and these must be provided prior to the award of a contract. 7. Repair Materials: All repair parts and materials must be provided and installed as specified. If the scope is not specific and/or the Collier County Vertical Standards: https://www.colliercountyfl.gov/your-government/divisions-f-r/facilities- management/facilities-capital-construction-and-renovation/vertical-standards do not specify,then the parts/materials must be approved by the County representative and/or designee. 8. Warranty:The Contractors shall warrant that all materials are new and free from defects,warranted for their merchantability and meet the performance scope of work of the original material for a minimum of one year from installation.In the event a portion, or all of an order, is found to be defective, the Contractor shall immediately replace the parts at no cost to the County. 9. Additions and Deletions of Facilities:The County retains the right to add or to delete any facilities from service provided under the contract as described herein, upon written notification by the County Representative and/or designee to the Contractor, without further Board approval. Any additions or deletions shall be handled in writing from the County Representative and/or designee. 10. Records and Documentation: The Contractors are 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 Contractors will not charge for any call back work.All reports shall be sent to the County Representative and/or designee,noting date,repair,materials,location,and/or disposal information as appropriate. 11. Payments: Time and Material for Remedial Repairs Invoices: • An itemized breakdown of labor time spent by the Contractor's employees(number of hours times hourly rate), and supplies, parts,and materials used (cost plus percentage mark-up). The itemized breakdown will reflect all rates provided in the contract.Any supplies,parts and materials individually costing less than$999 do not require backup documentation unless requested. • The number of hours worked and billing rate by position.Hourly time will be paid only for actual time at the worksite. • Backup documentation and receipts/invoices for any supply,material,parts, equipment rental, subcontractor charges and other reimbursable documentation for the project. Page 4 of 5 Exhibit A-Scope of Services CAO, 16C2 • 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 the Agreement. • Freight and shipping charges will not be allowed as separate lines;they should be incorporated into the price. • 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 contract hourly pricing. • The mark-up on materials shall not exceed 10%of actual cost; • The mark-up on subcontractors shall not exceed 15%; • Equipment owned by the Contractor will not be charged back to the Owner. Contractor may invoice for equipment rental that they do not have in inventory with a maximum mark-up of 10%. • Hourly rates are to be fully burdened to include overhead,insurance,profit and use of company owned small tools and equipment. • Mobilization and compliance with all safety requirements including those necessary during work on active and occupied facilities are to be included in each Contractor's quote under this contract. Unit Price for Preventative Maintenance Invoices: • Contractors shall provide the number of units completed and unit price which will be all inclusive of materials and labor to complete the work. 12. Post Work Inspections:The County and the Contractors will conduct an inspection of the completed services provided and identify any deficiencies in the work product. The Contractor shall provide a report documenting these deficiencies and correct the deficiencies expeditiously to ensure a defect free final work product. At the discretion of the County Representative and or designee,the County may hold payment for the services provided until the deficiencies are corrected and the County has accepted the work with a visual site inspection and County Representative and/or designee's sign off. 13. Work Performance:Contractors shall maintain compliance with the terms of the contract and requirements outlined in the scope of work for each repair or maintenance action.Time is of the essence with respect to all provisions within this contract. Any delay in performance,not approved in writing by an appropriate County Representative and/or designee,may constitute a material breach of the contract. The County Representative and/or Division Director shall be the final authority on any issues that may arise as to the quality and acceptability of any work performed under the contract. 13. Final Acceptance by County: The County shall consider the work complete when the Contractor has completed, in its entirety,all of the work and the County has accepted all of the work and notified the Contractor in writing that the work is complete.Once the County has approved and accepted the work,Contractor shall be entitled to payment in accordance with the contract requirements. 14. Recovery of Damages Suffered by Third Parties: Contractor shall be liable to the County to the extent the County incurs damages from a third party as a result of Contractor's failure to fulfill all obligations under the contract.The recovery of any delay related damages under this contract does not preclude the County from recovering from the Contractor any other non- delay related damages that may be owed to it arising out of,or relating to,this contract. 15. Distribution of Work: . . The County reserves the right to solicit other Contractors to perform the services described in the scope of work if the Contractors are unable to respond or complete the work in the manner requested or if the County Representative and/or designee deems it in the best interest of the County. 16. Contractors may be required to use the County's Work Management procedures (City Works,Procore, etc),such as utilizing online work request system,at no additional cost to the County.The Contractor will be responsible for utilizing any systems used by the County for work requests under this contract,when applicable. Page 5 of 5 Exhibit A-Scope of Services CAO 16c2 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) CAO 1 6 C 2 RFP#20-7765"Roofing Preventative Maintenance and Remedial Repairs" EXHIBIT B FEE SCHEDULE CROWTHER ROOFING& SHEET METAL OF FLORIDA,INC. (SECONDARY CONTRACTOR) Unit price(per square foot)for preventive maintenance for all the various roof types identified in the Building Inventory list attached. Preventative Maintenance single unit price shall be an all-inclusive unit price, including all associated preventive maintenance services for that location,all associated work to rooftop curbs,penetrations,drains,downspouts,all necessary personnel,materials, tools,inspections,cleaning,etc.,to provide a full preventive maintenance visit in accordance with the terms laid out in Part 1 Roofing Preventative Maintenance of the scope of work. Unit Unit Price Roof Type Qty Label (per square foot) 3 tab shingles,fabric with coating and rubber 1 sq ft $.08* Alumination over Metal/1 1 sq ft $.08* Architectural Shingles/1 story 1 sq ft $ .08* Asphalt shingle/1 1 sq ft $.08* Built-up and clay tile/1 1 sq ft $.08* Built-up and concrete tile/1 1 sq ft $.08* Built-up and fiberglass panel/1 1 sq ft $.08* Built-up and Metal/1 and 2 1 sq ft $ .08* Built-up and shingle/1 1 sq ft $.08* Built-up asphalt/1 1 sq ft $ .08* Built-up/ 1 1 sq ft $.08* Built-up/3 1 sq ft $.08* Built-up/4 1 sq ft $.08* Built-up/6 1 sq ft $ .08* Built-up/7 1 sq ft $.08* Built-up/8 1 sq ft $.08* Built-up/single ply mem w/gutters/1 1 sq ft $.08* Built-up/single ply mem w/gutters/2 1 sq ft $.08* Built-up and Metal/1 1 sq ft $ .08* Built up and Metal with Geoguard/ 1 1 sq ft $.08* Clay Shingle&Single ply membrane,2 stories 1 sq ft $ .08* Concrete Tile/1 1 sq ft $.08* flat roof/1 1 sq ft $ .08* Geoguard over Metal/1 1 sq ft $.08* Gravel,single ply membrane,2 stories 1 sq ft $.08* Hip Metal and standing seam/1 1 sq ft $ .08* Hip with Shingles/1 1 sq ft $.08* Metal/ 1 story 1 sq ft $.08* Metal/2 stories 1 sq ft $ .08* Metal and Built-up/1 story 1 sq ft $.08* Metal and Modified/1 1 sq ft $ .08* Metal and Shingle/1 1 sq ft $.08* Page 1 of 2 Exhibit B-Fee Schedule CAO 1 6 C 2 Metal standing seam/1 1 sq ft $.08* Metal,Low Slope/ 1 story 1 sq ft $.08* Metal,Low Slope/2 Stories 1 sq ft $.08* Metal/multiple buildings and roofs I sq ft $.08* Metal/multiple buildings/1 1 sq ft $.08* Metal/Built-up and Shingle/ 1-2 story 1 sq ft $.08* Metal/concrete/1 1 sq ft $ .08* Metal/multiple buildings/hangars 1 sq ft $.08* Modified/1 1 sq ft $ .08* Shingle and built-up/1 1 sq ft $.08* Shingle and Metal/1 1 sq ft $ .08* Shingle/1 1 sq ft $.08* Single ply membrane- 1 stories 1 sq ft $.08* single ply membrane-2 stories 1 sq ft $.08* Standing seam multiple buildings 1 sq ft $.08* Standing seam/1 1 sq ft $.08* Synthetic Thatch and Built-up/1 1 sq ft $.08* Tile/1 1 sq ft $ .08* TPO/1 1 sq ft $.08* Tremco/Geoguard/1 1 sq ft $ .08* various roofing/multiple buildings/1 1 sq ft $.08* *minimum$500 amount of each roof A full schedule of hourly rates for roof technicians and other personnel that would be utilized while completing the scope of work for remedial repairs in this solicitation. Hourly rates provided by the Contractor are to be fully burdened to include overhead, insurance,profit and use of company owned small tools and equipment. NON-URGENT URGENT Hourly Labor Rates(M-F 7AM—6 PM) Hourly Labor Rates Superintendent/Supervisor $80.00/per hr. Superintendent/Supervisor $100.00/per hr. Roofing Technician/Foreman $65.00/per hr. Roofing Technician/Foreman $85.00/per hr. Helper/Laborer $58.00/per hr. Helper/Laborer $78.00/per hr. Markup Not to Exceed Markup on Materials 10% Markup on Subcontractors 15% Markup on Equipment Rental 10% Page 2 of 2 Exhibit B-Fee Schedule 16C2 Other Exhibit/Attachment Description: Federal Contract Provisions and Assurances • following this page (pages 1 through 10 ) n this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) CAO I6C2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract,the Supplemental Conditions shall govern.This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract/Purchase Order. Compliance with Federal Law, Regulations and Executive Orders:The Sub-Recipient(County)agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. O 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards O 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide(Version 4, most recent update, Effective June 1, 2020) EXHIBIT I-1 CAO 16C2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations,excerpts, and transcriptions. (2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Changes: To be eligible for FEMA assistance under the non-Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government:The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it,will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Termination: See Standard Purchase Order and/or Contract Terms and Conditions Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1)of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. EXHIBIT I-2 CAO) I6C2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Clean Air Act (over$150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq. 2.The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over$100,000): Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any EXHIBIT I-3 CAO 16C2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." Procurement of Recovered Materials (§200.322) (Over$10,000): 1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired—a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c.At a reasonable price. 2. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program 3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." Contracting with small and minority businesses,women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1)through (5) of this section. EXHIBIT I-4 CAO 16C2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. §60- 1.4. During the performance of this contract, the contractor agrees as follows: (1)The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3)The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers'representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs(1)through (8) in every subcontract or purchase order unless exempted by rules, EXHIBIT I-5 CAO 16C2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti-Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I-6 16C2 Collier County Solicitation 20-7765 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms,Conditions,and Grant Clauses Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval.The Contractor agrees to include in the subcontract that(1)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement,to the extent allowed and required by law.The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Crowther Roofing and Sheet Metal of Florida, Inc. Date September 2,2020 Authorized Signature Kevin Callans, President EXHIBIT I-7 7/30/2020 1:16 PM p.29 CAC. 16C2 Collier County Solicitation 20-7765 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-recipient's subcontractor is unable to certify to the above statement,the prospective contract shall attach an explanation to this form. CONTRACTOR Crowther Roofing and Sheet Metal of Florida, Inc. By Signature Kevin Calians, President Name and Title 2543 Rockfill Road Street Address Fort Myers, FL 33916 City, State, Zip 094594777 DUNS Number September 2, 2020 Date Sub-Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBITI-8 7/30/2020 1:16 PM P.t."4 I. 6 C 2 Collier County Solicitation 20-7765 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status win be verif ed. linveilae statuses wliter.pre tie PP ME to tither pro.rda a res. statement or provide source documentation that vaIrdates status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PPIME EEO NULIDEP CONTRACT DOLL4P.Ar....OUNT -Ak L;F.4:3407776e.• 1l2aPC:4006— &%5 5.3 ee5 - / evcz , IS THE PP3.!E FL RDA-CERTNED DISADVAI,TAED, VETERAN fff S THE ACTIVITe OF TH.S CONTRACT. ".1IIIORTV CP WOMEN t LIST,ESS BIERS IISEF DEE? Y CONSTRUCTION (C) It :CVAIEEIV6t1 OP HOVE A V.V.tt 0)SADVANTAGID ValiESS OA CERTMCATION FROM THE SMALL ELISINESS MU' Y CON:LA.1'4MM Y insTRATIO,ir A SUN.(f matt vel'Ento IVEE? Y OTHER? SETE DA? 'I' IS THIS SUBMISSION A REVISION% V 0 F YES,REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION Dbf MANDE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUD/SUPPLIER PER(ENT OF CONTRACT VETERAN NAME SPECIALTY (Ste Below) DOLLAR AMOUNT DOLLARS TOTALS C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF tniamtrrta ICrciA)e- 1/1517,07.4, "1144. EMAIL ADDRESS OF PRIME(SUBMIT-TER) TELEPHON NUMBER FAX NUMBER 5e.aaan kt,&./k4o4Aer....1.cit A31-3,57--teick7 3az, cos? MOTE:Till intomntion is u;ad to tract and report ant cipated C•Ef.o•MEE participation in fader al..,-fur,dedtontracts.TOE altic-pated DIE or MOE amount it vo'ontarj and will not bcotne part of the contra:tue!terms This form mast he sOrn,tted Mt•me eieconse to a solthation if and hen awarded a COLIAry contract,the pixie Mb be asked to update the information for the grant co mph:ince Met. Minor( Coot elack.4inerican BA Hispanic An'triton HA t4111.4 AMVILO.1 uhc0itAsian American SAA z4.1n.pao1k American ACA Non•Minority Women 0ISW Other.not o'any other groo listed 0 D. SECTION TO BE COMPLETED BY COLLIER COUNTY Off APTI.IftiT NAME COWER(ONTRAcr 0(lf,SIP,FP or Nif.E0) GOA347.PAOGPA1,11C00TpAcT ACCEPTED EV: DATE EXHIBIT 1-9 7/30/2020 1:16 PM p.31 e.40 16C2 Collier County Solicitation 20-7765 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding$100,000) The undersigned[Contractor]certifies,to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment, or modification of any Federal contract, grant, loan,or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Crowther Roofing and Sheet Metal of Florida, Inc. Contractor(Firm Name) Signature of Contractor's Authorized Official Kevin Callans, President Name and Title of Contractor's Authorized Official September 2, 2020 Date EXHIBIT I-10 7/30/2020 1:16 PM p.32 c�a Pat 16f c 1 A ACC RO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/13/2020 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 Willis Towers Watson Certificate Center NAME: Willis Towers Watson Midwest, Inc. PHONE c/o 26 Century Blvd (A/C.No.Ext): 1-877-945-7378 FAX No): 1-888 467-2378 P.O. Box 305191 ADDRESS: certificates@willis.com Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Illinois National Insurance Company 23817 INSURED INSURER B: Steadfast Insurance Company 26387 Crowther Roofing and Construction Services of FL INSURERC: National Union Fire Insurance Company of P 19445 2543 Rockfill Rd. — Ft. Myers, FL 33916 INSURER D: Arch Specialty Insurance Company 21199 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W18734918 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 SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE MD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED 300,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ A MED EXP(Any one person) $ 10,000 GL4611649 07/01/2020 07/01/2021 PERSONAL&ADVINJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X JECTPRO- X LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y CA7742283 07/01/2020 07/01/2021 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESSLIAB CLAIMS-MADE Y AUC 3808442-16 09/01/2020 07/01/2021 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 WORKERS COMPENSATION x PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN C ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? No N/A WC014590638 07/01/2020 07/01/2021 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Buildings & Personal Prop. ESP7300531-07 07/29/2020 07/29/2021 Replacement Cost $13,530,487 Blanket/Special Form EDP Included DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) This Voids and Replaces Previously Issued Certificate Dated 11/13/2020 WITH ID: W18731740. SEE ATTACHED 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. AUTHORIZED REPRESENTATIVE Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 20342709 BATCH: 1886567 16C2 AGENCY CUSTOMER ID: LOC#: AC ADDITIONAL ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Crowther Roofing and Construction Services of FL Willis Towers Watson Midwest, Inc. 2543 Rockfill Rd. POLICY NUMBER Ft. Myers, FL 33916 See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Re: 20-7765 / For any and all work performed on behalf of Collier County. Coverage for Contractual Liability and Independent Contractors is provided under General Liability policy. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR Collier County are included as Additional Insureds as respects to General Liability, Auto Liability and Umbrella/Excess Liability. General Liability and Auto Liability policies shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insureds. INSURER AFFORDING COVERAGE: Arch Specialty Insurance Company NAIC#: 21199 POLICY NUMBER: ESP7300531-07 EFF DATE: 07/29/2020 EXP DATE: 07/29/2021 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Contractor's Equipment Owned Limit $645,000 Leased/Rented Limit $150,000 Deductible $5,000 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 20342709 BATCH: 1886567 CERT: W18734918 16C2 ENDORSEMENT This endorsement, effective 12:01 A.M. 07/01 /2020 forms a part of policy No.GL 161 -16-49 issued to CROWTHER ROOFING & SHEET METAL OF FLORIDA, INC. byILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT (Professional Services Exclusion) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section II - Who is an Insured, 1., is amended to add: f. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into, excluding contracts or agreements for professional services, which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy, or 2. The coverage and/or limits required by said contract or agreement. !J Auth rized Representative or Countersignature (in States Where Applicable 61714 (9/01) 16C2 POLICY NUMBER: GL 461 -16-49 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance policy provided that: Condition and supersedes any provision to the (1)The additional insured is a Named Insured contrary: under such other insurance; and Primary And Noncontributory Insurance (2)You have agreed in writing in a contract This insurance is primary to and will not or agreement that this insurance would seek contribution from any other insurance be primary and would not seek contribu available to an additional insured under your tion from any other insurance available to the additional insured. CG 20 01 04 13 4 Insurance Services Office, Inc., 2012 Page 1 of 1 16C2 ENDORSEMENT This endorsement, effective 12:01 A.M. 07/01 /2020 forms a part of Policy No.GL 461 -16-49 issued to CROWTHER ROOFING & SHEET METAL OF FLORIDA, INC. byILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to thdnsurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within60 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. Authorized Representative 110630 (02/12) Page 1 of 1 16C ENDORSEMENT Thi s endorsement, effective 12:01 A.M 07/01/2020 forms a part of policy No.CA 742283 issued to CROWTHER ROOFING & SHEET METAL OF FLORIDA, INC. byILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person's or organization's liability arising out of the use of a covered "auto" . I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. Authorized Representative or Countersignature (in States Where Applicable) 87950 (10/05) Page 1 of 1 16C2 ENDORSEMENT This endorsement,effective12:01A.M. 07/01 /2020 forms a part of policy No. CA 774-22-83 issued to CROWTHER ROOFING & SHEET METAL OF FLORI DA, INC. byILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident We will not ask any insurer that has issued other insurance to such additionalinsured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. Authorized Representative or Countersignature (in States Where Applicable) 74445 (10/99) 16C2 ) ENDORSEMENT This endorsement, effective 12:01 A.M 07/01/2020 forms a part of Policy No.CA 7742283 issued to CROWTHER ROOFING & SHEET METAL OF FLORIDA, INC. by ILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to thdnsurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within�. days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. Authorized Representative 110630 (02/12) Page 1 of 1 16C2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 07/01 /2020 forms a part of Policy No.WC 014590638 Issued to CROWTHER ROOFING&SHEET METAL OF FLORIDA, INC. By NAT IONAL UN ION FIRE INSURANCE COMPANY OF PITTSBURGH , PA. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE NAMED INSURED (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1.t he cancellation effective date is prior to this policy's expiration date; 2.t he Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the " Certificate Holder(s)" ) and the Named Insured has provided to the Insurer, either directly or through its broker of record,the email address of a contact at each such entity; and 3.t he Insurer received this information after the Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice" ) via e-mail to each such Certificate Holders within 30 days after the Named Insured provides such information to the Insurer; provided, however,that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1.N amed Insured means the insured first named employer in Item 1 of the Information Page of this policy. 2.1 nsurer means the insurance company shown in the header on the Information Page of this policy. All other terms, conditions and exclusions shall remain the same. A,,91(k.“ AUTHORIZED REPRESENTATIVE WC 99 00 56 (Ed. 04/11)