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#13-6131 (McCulley Marine Services, Inc.) AGREEMENT 13-6131 for Artificial Reef Program THIS AGREEMENT is made and entered into this (L-14' day of , 2014, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and McCulley Marine Services, Inc., authorized to do business in the State of Florida, whose business address is 2309 N. Old Dixie Highway, Ft. Pierce, Florida 34946 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the work upon issuance of a Notice to Proceed or as specified in a Purchase Order. The contract shall be for a three (3) year period, commencing on Date of Board award and terminating three (3) years from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three (3) additional, one (1) year renewals, renewable annually. 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 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 not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Contractor shall provide reef material and/or deployment services for Public Utilities Department in accordance with the terms and conditions of ITB #13-6131 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Ordinance and Procedures in effect at the time such services are authorized. 3. COMPENSATION: The County shall pay the Contractor for the performance of this Work pursuant to the prices offered by the Contractor in his response to ITB #13-6131 per Exhibit A, attached herein and incorporated by reference or subsequent quotes. Any County Agency may utilize the services offered under this contract, provided sufficient funds are included in the budget(s). This contract will be purchase order driven. 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e- mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: John W. McCulley, Vice President McCulley Marine Services, Inc. 2309 N. Old Dixie Highway Ft. Pierce, Florida 34946 Phone: (772) 489-6069 Fax: (772) 460-9701 Fax ca All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Purchasing/General Services Director Phone: 239-252-8407 Fax: 239-252-6584 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 Service Agreement must be in writing. 5. 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. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 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. 7. 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 Contract 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. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. CA 10. INSURANCE, PAYMENT & PERFORMANCE BONDS: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. D. United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work with a limit of $ 2,000,000 Per Occurrence E. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work with a limit of $2,000,000 Per Occurrence Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. F. BONDS. A. When a construction project is in excess of $200,000, the Contractor shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit „B„ C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor 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. 11.1 The duty to defend under this Article 11 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 11 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. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (c) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (d) reasonable indication that the Work will not be completed within the Contract Time; (e) unsatisfactory prosecution of the Work by the Contractor; or (f) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 14. CHANGES IN THE WORK. Owner 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 itemized 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 Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Procedures. CA 16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with 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)-(d) and (3)), ordinances). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. 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 and ready for occupancy by Owner. 18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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 Owner. 19. 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. 20. 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. 21. 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 Owner 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 Owner. 22. 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 Owner or Owner'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 Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 23. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Division. 25. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Exhibits A and B, Contractor's Proposal, Insurance Certificate, ITB #13-6131 any addenda, etc, made or issued pursuant to this Agreement. 26. 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, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 27. 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. 28. 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. No markup shall be applied to sales tax. 29. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located 0 at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. 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. 30. 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. 31. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 32. 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. 33. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department 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 34. 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. Statute. 35. 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 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 Department Safety Manager and/or Safety Engineer. ******************** Remainder of page intentionally left blank ************************* IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: . f o„thfl COLLIER COUNTY, FLORIDA Dwight E. Brock, Crerl.5.of'Courts By:��...g 14 4G 4 _ . By: 1 L ��►' '=' Torn 'Penning, C :irman Dated: 1\101171117 -( (Seal),. a Attest as to Chairman's signature only. McCulley Marine Services, Inc. Contract. /1-4t7141-Silt es Signturr drop') „. Mi/Le✓ T di yil e Ut I/oj Type/Print Witness Name Typed Signature Vin ✓'ebidetri+" Seconie -// Title Jos)j%,A Me Co Hey Type/Print Witness'Name Approved as to form -nd legalit : ./W,�. tAl; I Assistant County Attorney CA Exhibit A — Price Schedule (pages immediately following) 0 EXHIBIT A PM: Angel Rodriguez ITB 13-6131 PS: Brenda Brilhart Artificial Reef Program , Artificial Reef Program, ITB 13-6131 Description QTY Uni r it Price Total Phase One•Artificial Reef Material Deployment(1) ., A,„ ry-,. 2 1 Artificial Reef Material Deployed between Artificial Reef Material Deployed between 014 to 14 to 35 Miles ,r TO9 64.75 75 $ 74,75 Phase Two•Artificial Reef Fabricated Structures(2) 3 8ft Modules 75 Ea. 2630 $ 197,250.00 4 12ft Modules 75 Ea. 5030 $ 377,250.00 Additional Fabricated Structures(2) 5t, 5 Installation and Creation o . lap 1 Ea. 250 $ 250.00 6 8ft Modules Ea 2022 $ 505,500.00 7 8ft Modules ; , 500 Ea. 2016 $ 1.008,000.00 8 8ft #.�'leD wx ,, N 750 Ea. 1954 $ 1.465,500.00 9 Mt;>ule "* 250 Ea 3441 $ 860,250.00 10 odes t 500 Ea. 3430 $ 1,715,000.00 11 1 odules 750 Ea 3322 $ 2.491,500.00 Collection of C&D Material Beyond the 17 mile Range(3) 12 Zone A- 17 to 30 miles away from the Barge Staging Area 1 Ton 3.65 $ 3.65 13 Zone B-30 to 40 miles away from the Baroe Staging Area 1 _ Ton 9.43 $ 9.43 14 Zone C-40 to 50 miles away from the Baroe Stagino Area 1 Ton 11.85 $ 11.85 Disclaimer $ 8,620,664.43 (1) Unit Price to include all work described in the Phase I Artificial Reef Deployment scope of work. (2)This unit price consists of the Contractor providing and delivering the Reef Modules to the County Barge Staging Area, see Phase II scope of work. Once on site they will be weighed and charged by tonnage accordingly to their respective reef destination,0 to 14 miles or 14 to 35 miles. (3)This Unit Price consists of collecting and delivering suitable material to the Barge Staging area,from various sites ranging from 17 to 50 miles away,see Phase One scope of work. There will be no additional charge for any suitable material collected within the 17 mile range. Once on site, all material will be weighed and charged by tonnage accordingly to their respective reef destination, 0 to 14 miles or 14 to 35 miles. Procurement of individual line items will be dependent upon funding availability,award of bid is based on all the total of all line items. Qualifications: Submit with Bid Package: YES/NO 1 Must_be on file with the Department of State in accordance with provision of Chapter 607 Florida Statutes (www.sunbiz.org) by time of contract award YES 2 Must not be on the Federal or State debarment lists YES 3 Material and deployment must be in compliance with Coast Guard, US Army Corp of Engineers and State of Florida standards and requirements YES 4 Must demonstrate that the bidder is competent(provide five references and include agency name, contact person, phone number) YES 5 Bidder must have necessary resources to complete project(ABS Rated Barges, crane, etc.) YES 6 Must have completed an artificial reef project within the past seven (7) years—provide list of previous projects of similar scope and size. Must have deployed over 5 reefs with one at least 10 miles from shore. YES 7 Must self perform at least 51% of the work YES 8 Provide list of equipment and resources needed to complete this project and notate whether "owned"or"leased", age and location YES 9 Provide brief bios of personnel that may be assigned to this project. YES Page 1 0 EXHIBIT A PM: Angel Rodriguez ITB 13-6131 PS: Brenda Brilhart Artificial Reef Program Artificial Reef Program ITB 13-6131 Description QTY Unit ki Unit Price Total Phase One-Artificial Reef Material Deployment(1) ° `, _ 1 Artificial Reef Material Deployed between 0 to 14 Miles _1 4 T my 62.81 $ 62.81 2 Artificial Reef Material Deployed between 14 to 35 Miles _ 1 ':§ l'on 72 51 $ 72.51 Phase Two•Artificial Reef Fabricated Structures(2) 3 8ft Modules , 75 Ea. 2551 1 $ 191.332.50 4 12ft Modules 75 Ea. 4879.1 $ 365,932.50 Additional Fabricated Structures(2) 4 ` - , 5 Installation and Creation o es�l r u , 1 Ea. 242.5 $ 242.50 6 Eft Modules '' °w a ` 250 Ea. 1961.34 $ 490,335.00 7 8ft Modules '� ;_.,-- 500 Ea. 1955.52 $ 977.760.00 8 8ft Mod' s ~., ,•, ', J 750 Ea 1895.38 $ 1,421,535.00 A� , " 250 Ea, 3337 77 $ 834,442.50 10 12ft Modtes 750 Ea, 3222 34 $ 2,416,755.00 500 Ea 3327.1 $ 1,663,550.00 11 12ft Modules Collection of C&D Material Beyond the/7 mile Range(3) 12 Zone A- 17 to 30 miles away from the Barge Staging Area 1 Ton 3.54 $ 3.54 13 Zone B-30 to 40 miles away from the Barge Staging Area 1 Ton 9.15 $ 9.15 14 Zone C-40 to 50 miles away from the Barge Staging Area 1 Ton 11.49 $ 11.49 Disclaimer $ 8,362,044.50 (1) Unit Price to include all work described in the Phase I Artificial Reef Deployment scope of work. (2)This unit price consists of the Contractor providing and delivering the Reef Modules to the County Barge Staging Area, see Phase II scope of work. Once on site they will be weighed and charged by tonnage accordingly to their respective reef destination,0 to 14 miles or 14 to 35 miles. (3)This Unit Price consists of collecting and delivering suitable material to the Barge Staging area,from various sites ranging from 17 to 50 miles away,see Phase One scope of work. There will be no additional charge for any suitable material collected within the 17 mile range. Once on site,all material will be weighed and charged by tonnage accordingly to their respective reef destination, 0 to 14 miles or 14 to 35 miles. j Procurement of individual line items will be dependent upon funding availability,award of bid is based on all the total of all line items. Qualifications: Submit with Bid Package: YES/NO 1 Must be on tile with the Department of State in accordance with provision of Chapter 607, Florida Statutes www.sunbiz.org)b time of contract award YES 2 Must not be on the Federal or State debarment lists YES 3 Material and deployment must be in compliance with Coast Guard, US Army Corp of Engineers and State of Florida standards and requirements YES 4 Must demonstrate that the bidder is competent(provide five references and include agency name, contact person, phone number) YES 5 Bidder must have necessary resources to complete project (ABS Rated Barges, crane, etc.) YES 6 Must have completed an artificial reef project within the past seven (7) years—provide list of previous projects of similar scope and size. Must have deployed over 5 reefs with one at least 10 miles from shore. YES 7 Must self perform at least 51%of the work YES 8 Provide list of equipment and resources needed to complete this project and notate whether "owned"or"leased", age and location YES 9 Provide brief bios of personnel that may be assigned to this project. YES Page 1 CA Exhibit B — Performance and Payment Bonds PUBLIC PAYMENT BOND Artificial Reef Program Bond No. Contract No. 13-6131 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. CAO Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 0 OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: PUBLIC PERFORMANCE BOND Artificial Reef Program Bond No. Contract No. 13-6131 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to , as Obligee in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 , with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as of , a Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Page -16- BestLinda .-17)1&1/1.A0.4(--) From: Best Linda / )� Sent: Wednesday, June 11, 2014 2:52 PM To: BestLinda; 'sue @mcculleymarine.com' Subject: RE: Insurance Requirements `I .1, • Tracking: Recipient Delivery l/'/'6/—f. BestLinda Delivered:6/11/2014 2:52 PM 'sue @mcculleymarine.com' AA Good afternoon, Sue; I researched the insurance coverages provided against the requested coverages, the only coverage that is not identified on the Integro COI is automobile. I looked at the coverage in the original agreement, Auto was on a separate policy from State Farm at that time (2006). My thought is that perhaps auto remains on a separate policy for McCulley. I was able to work through the other line items on the Integro COI, and while they are not exactly worded as set forth in the contract, however,the coverages do correlate with the requirements. The Excess Liability picks up the variances between the requested coverages and the coverages McCulley has in place. I apologize for any confusion, the insurance certificate is not in a format that the County typically receives, and the coverages for marine work are not as easily recognized due to the descriptions of the coverages. I will sign off on the insurance certificate as received,the only last piece missing is the auto insurance. Regards, 1///(R�Q Linda Best, MBA Manager, Risk Finance Collier County Risk Management Department 3311 Tamiami Trail East Naples, FL 34112 Direct: 239-252-8839 Mobile: 239-784-4650 From: BestLinda Sent: Tuesday, June 10, 2014 4:08 PM 1 Certificate of Insurance Issued By INTEGRO INSURANCE BROKERS ONE STATE STREET PLAZA,9T"FLOOR NEW YORK,NY 10004 Issued to: Collier County Board of County Commissioners Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112-4901 This is to Certify that insurance has been issued as fol lows: Assured: Pine Island Towing Company,Inc.and McCulley Marine Service,Inc. Collier County Board of County Commissioners is listed as an Additional Assured as their rights and interest may appear as per written contract on or about June 11,2014 or H/C. Coverage: 1)Hull&Machinery including Collision&Towers Liability and P&I Package Policy 2)Comprehensive Marine General Liability including Stevedores and Salvors Legal Liability 3)Property/Contractors/Rental Package Policy 4)Pollution Liability 5)Excess Liability 6)Workers Compensation Including Employers Liability&USL&H Limits: 1)To Scheduled Hull Values as per the attached plus$1,000,000 C.S.L P&I Limit of$1,000,000 2)$1,000,000 any one accident 3)$500,000 scheduled property any one occurrence or as may be declared 4)$5,000,000 any one accident 5)To$4,000,000 aoa excess of Underlying Liability Policies 6)Statutory/$1,000,000 Security: 1)Allianz/The Insurance Company of North America 2)Allianz 3)Allianz 4)Lloyds through(EPG) 5)XL Insurance Company 6)Maryland Casualty Company(Zurich) Policy Numbers: 1)OHL92006476/HUN05711137 2)OML9208191 3)MX193008862 4)EPG-06266-06 5)24760MA13A 6)WC9595816 Term: 1)11/18/13—11/18/2014 2)5/20/14—5/20/15 3)4/24/14—4/24/15 4)3/14/14—3/14/15 5)7/2/13—7/2/14 6)10/6/13—10/6/14 This Certificate of Insurance is listed as a matter of information only and confers no rights upon the Certificate Holder. This Certificate neither affirmatively nor negatively amends,extends or alters the coverage afforded by those policy(ies) indicated above.This Certificate of Insurance does not constitute a contract between the insurers,representatives,the producer and/or the Certificate Holder notwithstanding anything indicated above,additional assureds can not be named on any Workers Compensation policy.Granting of an additional named insured status hereon does not provide first party coverage to the additional named insured.If the Certificate Holder is an Additional Assured and/or if subrogation is waived,the policy or policies must be endorsed and a statement on this Certificate does not confer rights to the Certificate Holder in lieu of such endorsement.This Certificate shall replace and supersede any previous Certificate issued. Should any of the above described policies be canceled before the expiration date thereof,the issuing company will endeavor to mail 30 days prior written notice to the above named certificate holder,but failure to mail such notice shall impose no obligation or liability of any kind upon that company or this agency. Dated, this 11'" day of June 2014 Inte• ce Brokers • L�� t os-;•!.Cacici, Pr'• pal ACCM° 06/111/2P CERTIFICATE OF LIABILITY INSURANCE DATE(1/2,YYY,r) 014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT SHARON SKINNER LARRY LEE JR-STATE FARM P"°NE No.En 772-461-6622 Al X1.772 461-0443 SfateFarnr 4075 VIRGINIA AVEMAn �.�� .__ ,_ _SHARON.L_SKINNER.LH89(�STATEFARM.COM FORT PIERCE, FL 34981 NSURERIS)AFFORDING COVERAGE HNC I __ INSURER A:State Farm Mutual Automobile Insurance Company 25175 "+ D MCCULLEY MARINE SERVICES INC - ---- 2309 N OLD DIXIE HWYB` FORT PIERCE FL 34946-1410 ■rSM oc: - -- - INSURER E: _-_ _ -� _NINF R F: COVERAGES CERTIFICATE NUMBER: 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. - TYPE OF INSURANCE ADDL aUBR POLICY EfF POLICY EXP I POD WVD POLICY NUMBER -- - - COMMERCIAL GENERAL LIABILITY IMWDCrYYYYI IMwowrrrY>, ta�r>rs EACH OCCURRENCE t CLAIMS-MADE [ J OCCUR DAMAGE TO RENTED PREMISES(Ea ocurrenolB $ _.. ,MED EXP(Any one person) $ PERSONAL ILADVINJURY $ GEM.AGGREGATE LIMIT APPLIES PER POLICY EtCT j L l J f LOC GENERAL AGGREGATE $ PRODUCTS-CORP/OP AGO $ OTHER.- _ _ AUTOMOINLE UABIUTY A 4148968•D31-59D 04W012014 10130/2014 aCgcciderteltIED 614GLE LIMIT $ 2.000.000 ANY AUTO ALL OWNED X-1 SCHEDLfLED I BODILY INJURY(Per person) '_ AUTOS 'NO -0N VtMED BODILY INJURY(Pet accident) $ X HIRED AUTOS X AUTOS DAMAGE s --- UMBRELLA UAe OCCUR EXCESS LUWa ;EACH OCCURRENCE 3 CLAIMS-MADE _. r� AGGREGATE I DEC , j RETENTIONS ..S WORKERS COMPENSATION - _ AND EMPLOYERS'LIABILITY Y r N! STATUTE I ER- ANY PROPRIETORIPARTNERIEXECUTIVE ` OFFICER/MEMBER EXCLUDED? n NIA .E.L.EACH ACCIDENT (Mandatory in NH) r _...$ If yyes.deeoribe under I El DISEASE-EA EMPLOYEES$ J DESCRIPTION OF OPERATIONS below ..- ' E.L.DISEASE-POLICY LIMIT $ I i !l DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached K more specs[a required) CERTIFICATE HOLDER CANCELLATION • COLLIER COUNTY BOCC COLLIER COUNTY RISK MANAGEMENT DEPARTMENT THE �IRATION DATE OF POLICIES L CANCELLED VER DO IN 3311 TAMIAMI TRAIL EAST A ..:DANCE WITH THE POLICY PROVISIONS. NAPLES, FL 34112 AUTN�:. .. ENTATNE• £4/f- A . e ACORD 25 2(114101 ®1988- 14 •T• D C•�'•- TI• •.All • . "" ( ) The ACORD name and logo are registered marks of ACORD 1001488 132849.9 02-04-2014 G_SAS /1(2.44(00?