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Backup Documents 05/28/2019 Item #16C1 (Florida Utility Solutions, Inc.)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C 1TO 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 io C, 3124? 2. County Attorney Office County Attorney Office s 9 , 4. BCC Office Board of County \,J .--� \ � Commissioners \M/s/ A‘ck 4. Minutes and Records Clerk of Court's Office 61 3 i ltq a:lGlpm 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 Jessica Suarez/PURCHASING Contact Information 239-252-8407 Contact/ Department Agenda Date Item was May 28, 2019 Agenda Item Number 16 C 1/9 Approved by the BCC Type of Document CONTRACT Number of Original 2 Attached Documents Attached PO number or account N/A 18-7479 FLORIDA number if document is (PRIMARY) UTILITY to be recorded FLORIDA SOLUTIONS, UTILITY INC. SOLUTIONS, INC. INSTRUCTIONS & CII CKLIS,T Initial the Yes column or mark"N/A"in the Not Applicabl jeohu whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signatur STAMP OK / N/A 2. Does the document need to be sent to another agency for add Tonal signatur ? If yes, N/A provide the Contact Information(Name;Agency;Address;Ph e)on an ached sheet. 3. Original document has been signed/initialed for legal sufficiency. ocuments to be JS signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JS document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into S . Some documents are time sensitive and require forwarding to Tall.....,. - 'a • time frame or the BCC's actions are nullified. Be aware c, ' 1,,I 8. The document was approved by the BCC on 05/28/201' a. 0-71 canges mak during ;`'z the meeting have been incorporated in the attached document. 1 lie Spt.ig0 _r . 9. Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approveetf}te , 'M BCC,all changes directed by the BCC have been made,and the deposisg4111Meady for the ( -i-111/4574t Chairman's signature. , , !` 16C1•r1 MEMORANDUM Date: May 31, 2019 To: Jessica Suarez, Purchasing Tech Procurement Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #18-7479 Contractor: Florida Utility Solutions, Inc. Attached, is an original copy of the contract referenced above, (Item #16C1) approved by the Board of County Commissioners on Tuesday, May 28, 2019. The second original contract has been held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 1 6C 1 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 18-7479 for Lift Station Preventative Maintenancpeand Repairs THIS AGREEMENT, made and entered into on this 0( 1-\ day of 41)00,.\ 2019 , by and between Florida Utility Solutions, Inc. s...) authorized to do business in the State of Florida, whose business address is 15275 Collier Blvd., Suite 201-268, Naples, Florida 34119 , (the "Contractor") • and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing • upon the date of Board approval I I on and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a • Purchase Order ❑Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Request for Proposal (RFP). ISI Invitation to Bid (ITB) Other ( ) # 18-7479 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. IUl The Contractor shall also provide services in accordance with Exhibit A - Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) C 16C1 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 1, The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 3.3 ■ The procedure for obtaining Work under this Agreement is outlined in ■ Other Exhibit/Attachment: Exhibit C-Work Assignment 3-4 n The County reserves the right to specify in ach Request for Quotations: the period Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ..•..e •.•_ -.e _... : A • .w • -.2 e e e•- .-a ,w... e . -_ o ...- _ _ transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the +s authorized. n Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. ISI Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4-4 e e _e — . . e - : . . ..e e : _ . . Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage . +le Breakfast $640 Lunch $11.00 Dinner $19.00 Aiffars . e ..' . . e. e class fare RaRtal-saF Actual rental cost limited to compact of standard size vehicles 0 e -. ,.e , ._ Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine e-e - ,- - .- a-. a ee •-- ee - 5.-•... responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) AO 1 6 C 1 Company Name: Florida Utility Solutions, Inc. Address: 15275 Collier Blvd. Suite 201-268 Naples, Florida 34119 Authorized Agent: Ivory Mitch Gilbert, Director Attention Name & Title: Ivory Mitch Gilbert Telephone: (239) 513-0445 E-Mail(s): mitchgilbertAfloridautilitysolutions.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Damon Grant Division Name: Facilities Management Division Address: 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112-5356 Administrative Agent/PM: Amanda Condomina Telephone: (239) 252-8380 E-Mail(s): Amanda.Condomina ac colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver. ) 1 6 C 1 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑■ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. i Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. • Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 1,000,000 for each accident. Page 5of17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C1 this insurance. Such insurance shall have limits of not less than $ each €- fiber Liability: Coverage shall have minimum limits of$ per claim. n : Coverage shall have minimum limits of$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) C 16C1 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), 0 Exhibit A Scope of Services, Exhibit B Fee Schedule, n RFP/ • ITB/ Other #18-7479 , including Exhibits, Attachments and Addenda/Addendum, subsequent quotes, and • Other Exhibit/Attachment: Exhibit C- Work Distribution 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.I) 16C1 located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver 1) l 6C 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. U 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. n WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) 16C1 particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. n TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. (I PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1601 foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. n • .- .. _ . e.._ -e .,_ .-.-.._, e e- - - - ..- The Contractor shall make commercially r-asonable efforts to notify Collier County within personnel. Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) CCA:()) ! 6C1. 1.1 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. • ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. . ..e.a .. _ ... e .. e ._ .... ■e ..-.... . .. :. •- _ te. - - ee e . -e Executive Summary, the terms of the Agreement shall take precedence over the terms of precedence over the Agreement. To the extent any conflict in the terms of the Contract •_ e e tee -. .. . _.e .. . - _ _ _ _ _ e the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) CAO; 1601 County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. 38. n SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) 16C1 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COU>,TY COMMISSIONERS COLLIER COU,, DA Crystal K. Kirizej, Clerk of Courts & Comptroller , 6,e). , ; -"\ -- . By By: _...•��. . . --- Willi -Will'; L. McDaniel Jr. airman .. f ! O.♦ (SE Dat _ �At"1 ft',. 'b 9` . 4 Florida Utility Solutions, Inc. CoisfgaQ ClIWitnesses: Contractor DBA 1JOI1OBy: � �, ontractor s First Witness Signa e Almar i v'r>t( IA. 01 that, Di r'ectr t1l� (A 1" i i rt(h TTypt/print signature and titlel' TType/print witness nameT Pf � � v ) Cont t o 's'S . .econ witness Felf14 Akci7lAy4 TTy i /iirint witness name • Ale prov-d as to'FF. and Legality: �..._ ,. . Item# 1 oCA , von County Attorney Agenda •` Int ,0 _ Date 4 Print ame 5 2g Date 6-.1►4�. Reed —.......____ mac. Deputy ,; i ' Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) c(1.3) 16C11 Exhibit A Scope of Services 0 following this page (pages 1 through 2 ) this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) CAO 16C1 18-7479"Lift Station Preventative Maintenance and Repairs" SCOPE OF SERVICES Contractors Responsibilities 1. The Board of County Commissioners (BCC) currently owns and operates fifty-nine (59) Lift Stations throughout Collier County, FL. Additional Lift Stations may be added throughout the year. All maintenance work and service repair work performed must ensure proper lift station function and operation 24/7/365 to all County Lift Stations. 2. Lift Station Annual Preventative Maintenance and repairs are anticipated to be completed during regular business hours. Regular hours are defined as Monday through Friday, 7:00 AM to 5:00 PM local time. Afterhours are considered before 7:00 AM and after 5:00 PM on weekdays and at any time on Saturday, Sunday, or County Observed Holiday. Afterhours rate will be calculated at 1 and 1/2 times the hourly rate provided in Exhibit B- Fee Schedule. If a requested service starts during"Regular Time",and extends into the Afterhours period,the Afterhours rate shall only be charged for time actually worked during the Afterhours period. The Contractor may use a subcontractor for specialty services. 3. The Contractor must be available for urgent response 24 hours,365 days per year. The Contractor will be paid time and one half for every hour worked on after hours urgent call outs. The Contractor must respond by phone to calls for service within thirty (30) minutes and arrive at the job-site within two (2) hours of notification by Facilities Division staff. The Contractor must provide to the Facilities Division staff an emergency contact number. Changes to the Contractors emergency contact number must be provided to Facilities Division staff within one (1)business A day. 4. For non-urgent calls for service,the Contractor must respond by phone to calls for service within two(2) hours and begin work within eight (8) working hours of the initial work request. Exceptions to the eight (8) hour response expectation may be granted on a case-by-case basis by Project Manager or designee. 5. The Contractor must possess and maintain all insurance certifications and occupational licenses required to legally conduct work activities outlined by this contract in Collier County Florida. 6. All work must be performed by trained and experienced employees. A list of Contractor employee training and experience in years shall be made available to the Facilities Project Manager or designee if requested within five(5) business days. 7. The Contractor and their employees are required to comply with Collier County CMA #5390 requiring contractor background checks to be issued Collier County contractor badges for all contracted employees working on Collier County property. Background checks are valid for five (5) years; Contractor shall be responsible for the $40 fingerprint and back ground check fee associated with compliance of this requirement. 8. The Contractor will receive a purchase order for work requested.The Contractor may not start work prior to receiving the purchase order. Detailed Scope of Work Lift Station Preventative Maintenance Minimum Expectations The maintenance and repair of County lift stations are expected to be maintained in top running order. The annual inspections are a service requirement to ensure continued operations to the lift stations and to identify and address potential problems before a possible failure of the station. Facilities Management will provide a listing of all lift stations.In the event the frequency changes,the Contractor will be required to provide additional reports. The Contractor will be required to provide annual report of Preventative Maintenance results. Page 1 of 2 CPO 16C1 ' Grounds Assessment 1. Conduct visual inspection of area surrounding lift station. 2. Identify general items of concern(safety,cleanliness,access,etc.) in the "Notes" section of this work order. Electrical Cabinet/Panel Maintenance NOTE: Before beginning electrical cabinet/panel maintenance complete the following: 1. Lock out power to the electrical cabinet/panel at the power source. 2. Turn off any door mounted disconnect handles on the electrical cabinet/panel. 3. Open the cabinet/panel door and verify that the power to the cabinet/panel is off by using a DVM(digital volt meter) or other power testing device.Check for power on the line side of any disconnects and fuses before performing any work within the electrical cabinet/panel. 4. Inspect exterior of cabinets/panels for damage and/or vandalism. 5. Inspect warning/informational signage for deterioration/accuracy. Replace as needed 6. Inspect rubber seal on cabinet/panel doors for tearing or rot. 7. Inspect interior of cabinets/panels for debris,and signs of water intrusion. 8. Inspect interior of cabinets/panels for soot,burn marks,corrosion,or melted wires. 9. Inspect, and test light and alarm systems. Replace as needed. 10. Vacuum debris from bottom of electrical cabinets/panels. 11. Restore power to electrical cabinets/panels that were locked out. 12. Identify electrical cabinet/panel maintenance items that need further attention(water intrusion,damaged wiring,generator receptacle door problem, etc.) in the "Notes" section of issued Facilities work order. General Lift Station Maintenance 1. Inspect exterior of well doors for damage and/or vandalism. 2. Inspect, clean,and test level sensing devices(mechanical float, or transducer). Replace as needed. 3. Inspect,and wash down interior walls as needed. 4. Break up debris mat on surface of water, run pumps manually until they break suction. Repeat as needed. 5. Manually run each pump;check amp draws against full load amps(FLA)of pump.If amp draw is out of range pull pump and inspect. 6. Inspect discharge pipes for leaks and/or damage. 7. Inspect, and lubricate wet well door hinge and slam lock. 8. Identify wet well maintenance items that need further attention(leaking pipe,infiltration,slam locknot engaging,etc.) in the "Notes" section of issued Facilities work order. Before Leaving Lift Station 1. Ensure pump HOA(Hand -Off-Auto)switches are in auto position. 2. Ensure electrical cabinet/panel spring clips are fastened. 3. Ensure electrical cabinet/panel padlocks are lubricated and installed. 4. Ensure well pad lock is lubricated and installed. 5. Ensure fence pad lock is lubricated and installed. Lift Station Repairs 1. Contractor will make all repairs necessary to bring the lift station to proper operating condition. 2. Repair Parts: All repair parts and materials must be as specified in the work request. If the work request is not specific and/or the Collier County Vertical Standards do not specify,then the parts must be approved by the Facilities Project Manager or designee. The Contractor will be required to provide proof of the parts/materials/supplies supplied by providing invoices and/or photographs at the time of invoice submission. Page 2 of 2 CA° 1601 Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 C 1 18-7479-Lift Station Preventative Maintenance and Repairs FEE SCHEDULE FLORIDA UTILITY SOLUTIONS, INC (PRIMARY CONTRACTOR) CATEGORY 1 LABOR (Lift Station Repairs) Personnel Positions Price Per Hour* Technician $62.50 *Pricing is all inclusive. CATEGORY 2 SERVICES Preventative Maintenance Unit Price* Per Lift Station $125.00 *Pricing is all inclusive. Markup for any parts, leased equipment, materials, other equipment, etc. 10% Markup for subcontractors 15% Documentation of Contractors cost must be provided from the supplier. Mark-ups will not be allowed for any portion of an actual invoice that is sales tax, fees, freight, etc. Mark-ups are only allowed for the actual cost. • After hours will be calculated at 1 and '/z time. • "Normal Business" hours is defined as County business hours; Monday through Friday, 7:00 am to 5:00 pm. • "After Hours" rates apply to weekends, County holidays, and Monday through Friday after 5:00 pm and before 7:00am. • If a requested service starts during Normal business hours and extends into After Hours period, the After-Hours rate shall only be charged for time actually worked during the After Hours period. Page 1 of 1 1 6 C 1 Other Exhibit/Attachment Description: Exhibit C-Work Distribution • following this page (pages 1 through 1 ) ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) CA 16C1 � EXHIBIT C #18-7479 "Lift Station Preventative Maintenance and Repairs" WORK DISTRIBUTION PROCESS All work under$50,000 will be issued in the order of award: The County must use the Primary Contractor for this award. If the Primary Contractor cannot provide the requested services within the timeframe and requirements specified by the County's Administrative Agent or designee,then the Secondary Contractor will be contacted. All work over$50,000 will be quoted out amongst all Contractors awarded under this Agreement. ISI 16C1 I ® A`R o CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 5/16/2019 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(SJ, AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Brown&Brown Of Florida, Inc. PHONE FAX 1421 Pine Ridge Road, Suite 200 (MA Lo.Ext):239-262-5143 (ac.No):239-261-8265 Naples FL 34109 ADDRESS: Certs@bbnaples.Com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:StarStone Specialty Insurance Company 44776 INSURED FLORII7 INSURER B:Auto-Owners Insurance Company 18988 Florida Utility Solution, Inc. 15275 Collier Blvd Ste 201-268 INSURER C: Naples FL 34119 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:311211697 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLTYPE OF INSURANCE IVSD SUER POLICY NUMBER (MM/DPOLD//YYYY) (MM/DY EFF D/YYXYPY) LIMITS LTR INSD WVD A X COMMERCIAL GENERAL LIABILITY Y Y 57845E181AEM 2/23/2019 2/23/2020 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $50,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 * 1 GE 'L AGGREGATE LIMIT APPLIES PER: - GENERAL AGGREGATE $2,000,000 POLICY PROJECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y 5127998400 6/26/2018 6/26/2019 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ X OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY Y/N STATUTE EERH ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Pollution Liability Y Y 57845E181AEM 2/23/2019 2/23/2020 General Aggregate 2,000,000 Enviro E&0 Liability Y Y General Aggregate 2,000,000 Each Occurrence 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Automatic Additional Insured Status including ongoing&completed operations on a Primary/Non Contributory basis when agreed by written contract-General Liability per form SSI-EE-CGL-27(02/17)and form SSI-EE-CGL-95(03/16). Automatic Additional Insured Status including ongoing&completed operations on a Primary/Non Contributory basis when agreed by written contract- Contractors Pollution Liability per form SSI-EE-CPL-43(03/16)and form SSI-EE-CPL-96(03/16). Automatic Additional Insured Status including ongoing professional services when agreed by written contract-Environmental&Energy Errors&Omissions Liability per form SSI-EE-E&O-100(03/16).Blanket Waiver of Subrogation when agreed by written contract-General Liability,Contractors Pollution Liability& Environmental&Energy Errors&Omission Liability-per form SSI-EE-COM-05(03/16). Blanket Waiver of Subrogation when agreed by written contract for Automobile See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamlaml Trail E. AUTHORIZED REP ESENTATIVE Naples FL 34112 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 16C1 AGENCY CUSTOMER ID: FLORI17 LOC#: AR ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Brown&Brown Of Florida,Inc. Florida Utility Solution,Inc. 15275 Collier Blvd Ste 201-268 POLICY NUMBER Naples FL 34119 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Collier County Board of County Commissioners is included as Automatic Additional Insured including ongoing&completed operations on a Primary/Non Contributory basis when agreed by written contract-General Liability per form SSI-EE-CGL-27(03/16)and form SSI-EE-CGL-95(03/16)for any and all work performed in Collier County. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 16C1 � 7 � Ami o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/17/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Automatic Data Processing Insurance Agency, Inc. PHONE FAX (A/C,No,Ext): (A/C,No): E-MAIL ADDRESS: 1 Adp Boulevard INSURER(S)AFFORDING COVERAGE NAIC# Roseland NJ 07068 INSURER A: Security National Insurance Company 19879 INSURED INSURER B: FLORIDA UTILITY SOLUTIONS INC INSURER C: 15275 Collier Blvd INSURER D: 201-268 INSURER E: Naples FL 34119 INSURER F: COVERAGES CERTIFICATE NUMBER: 1167822 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ _ DAMAGE TO CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO-JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS — HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION \./ PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? Y N/A Y V9WC938465 11/25/2018 11/25/2019 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) This certificate has a blanket Waiver of Subrogation for the following state(s):FL CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of Commissioners,for any ACCORDANCE WITH THE POLICY PROVISIONS. and all work performed in Collier County AUTHORIZED REPRESENTATIVE 3295 Tamiami Trail E. Naples FL 34112 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1601 r (7"' k, JIMMY PATRONIS CHIEF FINANICAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION ** CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW** NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 4/11/2018 EXPIRATION DATE: 4/10/2020 PERSON: GILBERT IVORY M FEIN: 262116994 BUSINESS NAME AND ADDRESS: FLORIDA UTILITY SOLUTIONS, INC. 15275 COLLIER BLVD. , NAPLES FL 34119 SCOPE OF BUSINESS OR TRADE: Waterworks Operation and Sewage Disposal Plant Drivers Operation&Drivers IMPORTANT:Pursuant to Chapter 440.05(14),F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter.Pursuant to Chapter 440.05(12),F.S.,Certificates of election to be exempt..apply only within the scope of the business or trade listed on the notice of election to be exempt.Pursuant to Chapter 440.05(13),F.S.,Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 QUESTIONS?(850)413-1609