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Backup Documents 07/10/2018 Item #16C 3 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 a/"_ e6 1/0/ti 2. County Attorney Office County Attorney Office7)3 4. BCC Office Board of County A5 b.‘ Commissioners vtsAS/ "1`110`l"? 4. Minutes and Records Clerk of Court's Office • 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Stephanie Cales Contact Information 239-252-8950 Contact/ Department Agenda Date Item was July 10th,2018 Agenda Item Number 16.C.3. Approved by the BCC Type of Document Contract Number of Original 1 Attached Documents Attached PO number or account N/A 18-7327 Florida Florida Service number if document is Service Painting,Inc. Painting,Inc.DBA to be recorded DBA Service Service Contracting Contracting Solutions Solutions/ 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 5Si �l� 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 SC 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 SC 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 SC 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 on3917 and all_changes made during Rf the meeting have been incorporated in the attached documaie County SItfo)foz, Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the of BCC,all changes directed by the BCC have been made,and the document is ready for the � • on Chairman's signature. :1 1 6 C 3 MEMORANDUM Date: July 16, 2018 To: Stephanie Cales, Purchasing Technician Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #18-7327 "Painting & Pressure Washing" Contractor: Florida Service Painting, Inc. dba Service Contractoring Solutions Attached for your records is an original of the referenced document above, (Item #16C3) adopted by the Board of County Commissioners on Tuesday, July 10, 2018. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 1 60 3 FIXED TERM SERVICE AGREEMENT # 18-7327 for Painting and Pressure Washing THIS AGREEMENT, made and entered into on this 1O41' day of July nig , by and between Florida Service Painting, Inc. dba Service Contractoring Solu ons , authorized to do business in the State of Florida, whose business address is 12140 Metro Parkway Suite,K, Fort Myers, Florida 33966 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be fora three (3 ) year period, commencing * upon the date of Board approval or 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 0 Purchase Order ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Request for Proposal (RFP), ■ Invitation to Bid (ITB) Other ( ) # 18-7327 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 (7,1'17 Fixed Term Service Agreement#2017-002(Ver.'1 1 6 m- 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. 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): •• e .. -. • _ . -- e e -• -e e e e -- 1 - - .. • e .. . . - _ . _ . -. . ._ -e- . _ .. e-a: .. _ . time spent by the contractor's employees and subcontractors to perform the work(number .- .e. .. a•- .... es ._.- -. '. e z•-- . e .e a -e .e e. ..: a .. . .e• .e e. . e .e a -- e ... .. .... .. . Iii 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). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" Page 2 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 1 6 la 3 as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 - Travel Reimbursements shall be at the following rates: $0.'44.5 per mile Breakfast Lunch Dinner $1-9-98 Airfare ReRtal-eaf . _ • • -2 2 -2-2- - -- - - vehicles Lodging Actual cost of lodging at single occupancy rate with a amp of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine 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: Company Name: Florida Service Painting, Inc. dba Services Contracting Solutions Address: 12140 Metro Parkway, Suite K Fort Myers, Florida 33966 Authorized Agent: Elizabeth Perez-Lavin, President Attention Name & Title: Brad R. Evans Telephone: 239-939-7622 E-Mail(s): brade@servicecontracting.com Page 3 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 0 C 3 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 Name: Facilities Management Divison Division Director: Miguel Carballo, Interim Director Address: 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112 Administrative Agent/PM: Miguel Carballo, Manager Telephone: 239-252-8380 E-Mail(s): Miguel.Carballo@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 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 Page 4 of 17 Fixed Term Service Agreement#2017-002(Vert) bC 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 sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. n Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. n Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. I. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 100,000 for each accident. . [ . _ _• - ' -_- ._. s - .- . ._• � .- ,• , _ a . - • -e- this this insurance. Such insurance shall have limits of not less than $ each claim and aggregate. (� . yber Liability: Coverage shall have minimum limits of$ per claim. Page 5 of 17 Fixed Term Service Agreement#2017-002(Ver.!) 16C 3 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. 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. Page 6 of 17 Fixed Term Service Agreement#2017-002(Ver.l) 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, n RFP/ • ITB/ Other #18-7327 , including Exhibits, Attachments and Addenda/Addendum, n cubccquent quotes, and Other Exhibit/Attachment: 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 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 Page 7 of 17 Fixed Term Service Agreement#2017-002(Ver.]) 16C3 CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 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. Page 8 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 1 6 C 3 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Contractor may nullify the whole or any part of any approval for payment previously issued and the Contractor may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. n CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the 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, Page 9 of 17 Fixed Term Service Agreement#2017-002(Ver.1) bC 3 fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. ■ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. n PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except 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. Page 10 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 1 6 C 3 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. _ KEY PERSONNEL. The Contractor's personnel and management to be utilized for e - ..---- em---------- -- :- w w- w.. _w e- e--- - e - - i'PL P- 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, Page 11 of 17 Fixed Term Service Agreement#2017-002(Ver 1) 16C and each person assigned shall be available for an amount of time adequate to meet required services. 35. ■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ....,, .- - .. - e .- -e• . - , the Agreement, the conflict shall be resolved by imposing the more strict or costly .. ■_ ..-' .--__ .- e- _ e • - 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 County separates from their employment. This notification is critical to ensure the Page 12 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 16C C 3 continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. 38. ■ SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Agreement#2017-002(Ver.1) % - 1 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF ••U Y COMMI :r) ERS CRYSTA ie KJNZEL, COLLIER ' OU , FLOR '• ', I rT [ki.C�E _, .-, ''.1 ..z. NIP ia BY ■t_ 1' 161 ���► BY' '•n• Solis, Esq. / Chairman To Y Dated: , tli (SEAL) it est as o Chan ' an's Florida Service Painting, Inc. dba Contractor's ttbsvrp ee ' Service Contracting Solutions Contractor Oil\ -----, BQ310-.UASUU3\LAIIICA ‘ Contdctor'S irst Witness Signature V Claudia Whiting, Corporate Secretery Jessica Abreu TType/print signature and titleT TT e/.014-1-t-'74z 66.f, rint witness nameontractor's Second Witness Richelle McClain TType/print witness nameT • ,•roved as to Fo, :n• Legality: /M'S � �� A L i.,„ ._ ounty Attorney /t -- Pr nt Name Page 14 of 17 ' Fixed Term Service Agreement H2O17-002(Ver l) di 16C 3 Exhibit A Scope of Services ❑■ following this page (containing 3 pages) D this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement#2017-002(Ver.1) ¢ i 1 6 C 3 EXHIBIT A-SCOPE OF SERVICES Brush, Roll, Spray Requirements: All wall areas are to be rolled. All door, casing, baseboard, and miscellaneous trim shall be brushed. No areas are to be sprayed without prior authorization from the Facilities Manager or his designee. Type of Paint: Highest quality professional-grade exterior paint under the County's current paint contract shall be used both outside and inside buildings; satin on wall surfaces and semi-gloss on doors and trim. The Facilities Manager or his designee shall have the authority to authorize other paints on a per-job basis. Color Samples: Color samples must be approved by the Facilities Manager or his designee prior to the start of each job. Prints used for color samples must be kept on file for each job. Special Applications: Special applications and coating that would be applied by a painting company may be considered as part of this contract and shall be priced on a time and material basis or a lump sum based on the hourly rate(s) and markup provided. The Facilities Manager or his designee may request receipts for material provided bythe Contractor. Cover Down/Clean Up: Contractor will thoroughly cover down, mask-off and take all necessary steps to protect all County property in the vicinity of work being done. At the completion of each work period,the Contractor shall thoroughly clean the work area and remove all supplies; "Caution —Wet Paint" signage shall remain posted. The Contractor shall incur any and all expense caused by spills or failure to protect County property. Contractor will take extra measures to ensure that vehicles, County equipment, and building fixtures are clear and protected from cleaning and painting areas. Pressure Washing: Contractor will pressure wash the property in the instance where the Facilities Manager or his designee determine painting is not required or as required for surface preparation. Contractor must have the ability to pressure wash County buildings; i.e., interiors of any height or size, exteriors of buildings up to ten stories, and ground areas. Requirements of Contractor Surface Preparation: • All surfaces scheduled to receive new paint coatings shall be clean and free from all dirt, dust oxidized paint film, loose and unsound paint coatings, and other foreign matter. • Exterior doors and jams must be cleaned, sanded and primed before paint is applied. Any visible rust must be taken down and filled appropriately. • Locate unsound gypsum board, tape joints, cracks, imperfections and similar unsound areas; patch and resurface as needed to provide a smooth or properly textured substrate as required for application of paint coating. • Remove all switch plates and other items that may interfere with a quality job. All removed items shall be replaced in their proper positions at the conclusion of the job when the paint is dry. • Workmanship: • Provide best quality workmanship performed by skilled painters • Evenly spread or flow on proper film thickness to a smooth surface. • Apply materials in accordance with the manufacturer's printed recommendations and specifications. • Provide finished surfaces that are free from sags, skips, drips and other defects. Page 1 of 3 c 0„ • Perform work under conditions best suited for the production of acceptable work. • Protect adjacent areas from damage from misplaced paint and preparatory work. • Provide continuous dust control as required. • Coordinate with Owner before using noisy equipment. Requirements of Contractor for Structural Steel Painting Specifications All painting work shall be performed strictly in accordance with the standards by the Structural Steel Painting Council (SSPC). Only one paint product from approved manufacturers coating system should be use throughout the project. Recommended Paint Products for Steel Coating: • Tnemec • International Paint, LLC • Sherwin Williams Surface Preparation for Steel Surfaces: • All surfaces: Remove all grease, oil, dirt, dust and other soluble contaminants in accordance with SSPC-SP1 Solvent Cleaning. Follow by a potable water rinse to remove residuals. • SPOT clean all exposed bare metal and rusted surfaces to remove all loose rust and scale in accordance with SSPC-SP11 Power Tool Cleaning to Bare Metal Method,taking special care to feather out the edges of the existing, sound coatings. All other surfaces shall be prepared in accordance with SSPC SP2 Hand Tool Cleaning Method using medium grit sand paper. In addition to SP2, scuff sand existing painted surfaces to remove any sheen. All inspected and approved cleaned surfaces must be prime-coated within the same working day. All surfaces to be painted must be clean and dry prior to the application of coatings. Coating System: • Prime Coat: To all inspected and approved, bare metal cleaned steel surfaces - apply a coat of paint per manufacturing specification. • Intermediate Coat: To all inspected and approved, Primed & Hand Tool cleaned steel surfaces- apply a coat of paint per manufacturing specification. • Epoxy Primer Coat: Apply to all surfaces a coat of epoxy primer per manufacturer specification. • Stripe Coat: To all previously intermediate coat surfaces - apply by brush a separate Stripe Coat of paint per manufacturing specification • Finish Coat: Apply to all surfaces an overall coat of paint per manufacturing specification. Contractor Responsibilities and Miscellaneous • This solicitation does not allow for Time and Material quotes, each job will be quoted by SqFt per the bid schedule. • If applicable, a five(15%) percent mark-up of subcontractor's labor, and ten (10%) percent mark-up for supplies /materials and equipment may be included; the contractor must provide itemized documentation of any subcontractor's labor, supplies / materials, and equipment. Page 2 of 3 16 Performance Measures The Contractor shall maintain compliance with the following performance measures: • The Contractor will advise the County, in writing, of any extenuating circumstances that will prohibit the Contractor from meeting the above-outlined performance measures. • The Contractor will furnish all necessary labor, tools, equipment and services to perform the services specified in the contract. The Project Manager or designee shall be the final authority on any issues that may arise as to the quality and acceptability of any work performed under this contract. If, in the opinion of the Project Manager or designee, any part if the Contractor's performance becomes unsatisfactory; the County will immediately levy a deduction on the Contractor's invoice for lack of service. This deduction will be ten percent(10%) of Contractor's monthly invoice per instance based on County staff time to resolve the issue. • The County shall have the immediate right to complete the work to its satisfaction,through the use of County employees or outside contractors as deemed necessary, and shall deduct ten percent(10%) of Contractor's monthly invoice plus actual cost to correct issue. Contract Deductions It is the County's intent to have all tasks performed satisfactorily and completed in accordance with the specifications and frequencies set forth under the contract. It is important that the Contractor perform all tasks as prescribed. If any tasks are omitted or not performed satisfactorily and completely and with the frequency designated by the contract, the entire affected area as defined solely by the Project Manager or designee shall be found to be a non-performance area and a deduction shall be levied. Reference Performance Measures Section for deductions. Should the Contractor wish to appeal these charges, they may do so in writing to the Facilities Manager or designee. The appeal should state dates, times and other associated facts, along with a clear description of their argument or disagreement with the fine. The argument should also reference this bid document and/or other supporting documentation. Should the fine appeal be rejected by the Facilities Manager, the next and final appeal may then be made to the Director of Facilities Management. Each of these appeals should be made within one (1) day of the incident (for the appeal to the Facilities Manager). Employee Identification All employees must wear Collier County Government identification badges at all times while performing services on County facilities. Fingerprinting and Background Checks The vendor is required to comply with County Ordinance 2004-52, as amended. Page 3 of 3 1 6 C 3 Exhibit B Fee Schedule following this page (containing page(s) Page 16 of 17 Fixed Term Service Agreement#2017-002(Ver.1) v 18-7327 Bid Schedule Category 1 Description Unit Price 1 Painting Labor Rate Sq Ft $ 1.27 2 Pressure Washing Labor Rate Sq Ft $ 0.46 Category 2 Description _ Unit Price 3 Removal of deteriorated concrete&repair up to 1.5"deep Sq Ft $ 2.41 4 Mortartec silicate repair up to 2"deep Sq Ft $ 18.68 5 Ceramico epoxy mortar resurface up to 1/2" Sq Ft _ $ 11.51 6 Abrasive blasting Sq Ft $ 5.69 7 40,000 psi hydroblasting Sq Ft _ $ 5.11 Application of 125 mil Epoxytec CPP line-application with 10- 8 year warranty Sq Ft _ $ 23.84 9 Application of 60 mil Epoxytec Urcflex with 5-year warranty Sq Ft $ 13.77 Description Unit Price 10 Urethane crack injection Linear Ft $ 14.66 11 Epoxy crack injection Linear Ft $ 9.26 Material/Sub-contractor Markups Percentages,and Emergency Rates are Specified by Collier County Material/Equipment%Markup 10% Sub-contractor%Markup 15% Emergency call out After Hours Rate per SqFt 1.5x Unit Price 0 16C3 Other Exhibit/Attachment Description: ❑ following this page (containing pages) ❑■ this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement#2017-002(V r1�� 16284 1 6 C 3 . ., AC D� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/7/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ACT Certificate Department Commercial Lines-(813)639-3000 PHONE FAX __(ALC No,Ext): 813-639-3000 (A/C,No): USI Insurance Services National,Inc. E-MAIL usi.comt l cw_cerre uest ADDRESS: clw_certreguest@usi.com 2502 N.Rocky Point Drive,Suite 400 INSURER(S)AFFORDING COVERAGE NAIL# Tama,FL 33607 Tampa, INSURER A: Liberty Mutual Fire Insurance Co 23035 INSURED INSURER B: Liberty Insurance Corporation 42404 Florida Service Painting,Inc INSURER C: and dba Service Contracting Solutions INSURER D: 12140-K Metro Parkway INSURER E Ft.Myers,FL 33966 INSURER F: COVERAGES CERTIFICATE NUMBER: 13121157 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRINSD WVD POLICY NUMBER -(MM/DO/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY X TB2-Z91-460734-018 04/01/2018 04/01!2019 EACH OCCURRENCE $ 1,000,000 DAMAGE RETED CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $ 300,000 X PD Ded-$1,000 MED EXP(Any one person) $ 10,000 X Contractural Liability PERSONAL&ADV INJURY 1$ -_ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE$ 2,000,000 POLICY x CT JELOC PRODUCTS-COMP/OP AGG '$ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY AS2-Z91-460734-028 04/01/2018 04/01/2019 (EsaccidentlBINED SINGLE LIMIT ? $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ y OWNED SCHEDULED BODILY INJURY(Per accident)($ AUTOS ONLY AUTOS X HIRED x NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ B x I UMBRELLA LIAB X OCCUR TH7-Z91-460734-048 04/01/2018 04/01/2019 EACHOCCURRENCE $ 6,000,000 EXCESS LIAB CLAIMS-MADE Excess over,GL,Auto&WC AGGREGATE $ 6,000,000 1 DED X RETENTION$ 0 $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY WC2-Z91-460734-058 04/02/2018 04/02/2019 X STATUTE EERPER H 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N N/A (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 $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Commissioners is named as additional insured as it relates to general liability in accordance with the terms and conditions of the policy for any and all work preformed on behalf of Collier County CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Purchasing Department ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East Naples,FL 34112-4901 AUTHORIZED REPRESENTATIVE 9r ,� ,. The ACORD name and logo are registered marks of ACORD ©1988-201{5 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) (This certificate replaces cert fi te#12989727 issued on 5/1/2018)