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#19-7539 (Above All Roofing Contractor, LLC) MULTI-CONTRACTOR AWARD AGREEMENT # 19-7539 for Roofing Replacement Contractors THIS AGREEMENT, made and entered into on this ��\IA day of VQmbei-_ 20 j, by and between Above All Roofing Contractor, LLC , authorized to do business in the State of Florida, whose business address is 5900 Shirley Street, Suite 6, Naples, Florida 34109 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing upon the date of Board approval ❑ , and terminating three (3 ) year(s) from that date or until all outstanding 0 Purchase Order(s) I I Work 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 Proposal (RFP) I I Invitation Bid (ITB) U Request for Proposal (RFP)� � !nvitation uv�� to �i � v� Other Request for Qualification (RFQ ) # 19-7539 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0 The Contractor shall also provide services in accordance with Exhibit A—Scope of Services attached hereto. 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. Page 1 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 CAO 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 n The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. --.- - - -- - - _ _ A. ♦ : ------ ' _. --_ - n Other Exhibit/Attachment: 3-4 n The County reserves the right to specify in each Request for Quotations: the period of --- e - • 4. THE AGREEMENT SUM. n The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. Contractor's quoted e -- _ e -e e- • _• _ _ . _ . • _ . . :. 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". maximum amount of in Section 1.1. 1 1 Contractor's quoted prices shall be based on Exhibit B Fee Schedule. Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. State., 4.1 Price Methodology (as selected below): n Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are 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 satisfaction of the County's project manager before payment for the fixed price contract is authorized. documentation of coats; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or Page 2 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 n - - : - -- -- --- ee- - -• e - e - - - e - -e .. ee 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-- - :- Mil ago $0.44.5 per mile Breakfast $6-00 ht -14 $4-1-00 Dinner $1949 Airfare ' - -- -- - -- - --- - - - _ - Rental car - - -- _:-- - -- - - Lodging -- -: : ::: ^ '._ - - . _. _ -= - •- more than $150.00 per night DRQ' • - -- -- a e. •- Taxi or Airport Limousine - -• -- - - - - - -- - -- 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 # 85-8015966531 C. Page 3 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 'i 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Above All Roofing Contractor, LLC Address: 5900 Shirley Street, Suite 6 Naples, Florida 34109 Authorized Agent: Paul Brunton, Regional Director Attention Name &Title: Telephone: (239) 302-2778 E-Mail(s): office@aboveallroofingfl.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 Naples, Florida 34112 Administrative Agent/PM: Miguel Carballo Telephone: (239) 252-7609 E-Mail(s): Miguel.Carballo@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, Page 4 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 ('pt) 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. I■I 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. ISI Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. I■I Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each accident. ad1 e _ . . e- •• •--e e . •- _e- ._ e e --._ - -e_ _e . e claims arising out of the performance of professional services under this Agreement. Contractof shall have limits of not les than $ each claim and aggregate. n gyber Liability Coverage shall have minimum limits of$ per claim. Li 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 Page 5 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 CM« Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four(24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 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. Page 6 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 CAU 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), 4 Exhibit A Scope of Services, ❑ Exhibit B Fee Schedu!e, ❑ RFP/❑ !TB/0 Other Request for Qualification # 19-7539 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes and correspo # —ceFact documents, 0 Exhibit C-1 Public Payment Bond, ❑I■ Exhibit C-2 Public Performance Bond, 111 Exhibit D - Release and Affidavit Form, 0 Exhibit E— Form of Contract Application for Payment, ❑■ Exhibit F - Change Order, 0 Exhibit G - Certificate of Substantial Completion, Q Exhibit H - Certificate of Final Completion, ❑■ Exhibit I - Warranty, and Other Exhibit/Attachment: Federal Contract Provisions and Assurances 17. APPLICABILITY. Sections corresponding to any checked box (I) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE 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 Page 7 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. 0 BONDS. A. When a construction project is in excess of$200,000, the Contractor(s) 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 "C-1" and Exhibit "C-2". 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, terminates 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. Page 8 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 23. ❑■ LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation/Scope of Work. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation/Scope of Work. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation/Scope of Work for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 24. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit"D" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "E." 25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, 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) 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 Page 9 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 CA() 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, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. [I CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28. ISI 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 written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Page 10 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "F" to this Agreement, shall be issued and executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 29. i■ 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. 30. 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. 31. *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. 32. 0 PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. 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. Page 11 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 i'AO 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 Change 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. 34. 0 COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "D." B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "I". Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. Page 12 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 • r' 1 -st 35. 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 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. 36. 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. 37. 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. 38. 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. 39. 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. 40. I IKEY PERSON, . - - e• -- - '- - e•,- - - *-- -- e-••-• - .- . . . - . : .. Page 13 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 e' - .._ . e- , _ __ _- - igned shall be available for an replacement personnel. n AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 41. I ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any , . U� ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 42. 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. 43. 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 Page 14 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 �t background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the 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. 44. Fill 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 15 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 CAO IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: ' ' BOARD OF COUNTY COMMISSIONERS COLLIER C040; •'IDA Cr al K. Kihzel, Clerk ofCoitirtts & 61) ii° Cbm•By: IAE l� atilliii. it 1 Dated: \ :� ' / By. Will';m L. McDanie Jr. airman 1 1,1,,P � . . (SEAL'''ieStaStO at signature only. Contractor'switnesses: Above All Roofing Contractor, LLC Contractor k• fj .. ---C-7 By: aie - Contracto s First WitnessS' nature maul r',un+a11 (ecibr Tara.h e Orme TType/print signature and`tttleT TType/print witness nameT lactor'sSec ' ond Witness Dbin Orme, TType/print witness name A d s to Form yid Legality: .�.e..-1. Cou y Attorney SV- e L— Print Name Page 16 of 33 \ Muni-Contractor Award Agreement 2017.006 ) S-i7" J Exhibit A Scope of Services n following this page (pages 1 through 3 ) ❑ this exhibit is not applicable Page 17 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 EXHIBIT A SCOPE OF SERVICES #19-7539 Roofing Replacement Contractors SECTION I. WORK SELECTION PROCESS 1. A Request for Quote will be submitted to all Contractors awarded under this agreement utilizing a lump sum quote schedule. The work will be awarded to the Contractor with the lowest bid. 2. Ancillary charges may be transferred to the County in the actual amount; however, mark-ups will not be allowed. Mark-ups will not be allowed on sales tax, consumer fees or taxes, use and other similar taxes, or fees associated with any work under this Agreement. 3. Roofing Contractor services shall not exceed$200,000 for any one project without Board approval; 4. Performance and Payment Bonds will be required for projects over $200,000; Issuance of a Purchase Order by Owner. The Contractor may not begin work until a written Notice to Proceed is issued from the County representative or designee. SECTION II. GENERAL REQUIRMENTS 1. All work will require Warranty certifications, reporting and submittals ensuring compliance and continuity of manufacturer's and contractor's warranty as applicable and providing manufacturer's acknowledgement of compliance and acceptance of repairs and warranty work provided. 2. The Contractor(s) may also be required to use the County's Work Management procedures, such as utilizing internal work request forms or future online work request system, at no additional cost to the County or Contractor. The Contractor will be responsible for utilizing any systems used by the County for work requests under this Agreement,when applicable. 3. The Contractor(s) must provide requested certifications and licenses necessary to perform the services outlined in the bid specifications, if applicable. These credentials must be provided prior to the award of a contract. 4. The Contractor(s) shall use qualified technicians to complete all work in accordance with the requirements specified in the bid. Technician credentials may be requested by the County. 5. All roofing replacements shall conform to Florida Building Codes, all existing Governing Authorities Codes and Regulations. All projects are required to be in compliance with the following: a. Contractors will comply with the specifications/qualifications required by the National Roofing Contractors Association(NRCA) and comply with NRCA and SMACNA standards, b. Contractors will provide and maintain roofing systems in accordance with Manufacturer's technical specifications and warranty requirements, as applicable. c. All work must be completed in compliance with Collier County vertical standards unless specifically exempted in writing by Facilities Management Division Representative or designee. The latest Standards are located at the following website: http://www.colliergov.net/your- Page 1 of 3 Exhibit A-Scope of Services government/divisions-f-r/facilities-management/vertical-construction-standards. The Standards are considered to be "living documents" and the awarded contractor(s) shall review and reference the latest version when proposing work. Failure to comply with these Standards will result in the out-of-compliance work being remediated by the responsible contractor(s) at no additional cost to the County. 6. Typically, roofing replacement will be completed during normal business hours; however, the County may request services during off-hours, as deemed necessary by the County Representative and/or designee. Normal business hours are considered Monday through Friday between 7:00 AM and 6:00 PM. After hours are considered before 7:00 AM and after 6:00 PM on weekdays and at any time on Saturday, Sunday or County Observed Holiday. SECTION III. CONTRACTOR'S RESPONSIBILITIES 1. Provide Roofing Replacements: Request for Quote will be submitted to all Contractors awarded under this agreement. The work will be awarded to the qualified Contractor with the lowest bid. a. Contractor(s) shall furnish all necessary qualified labor, materials, equipment, tools, consumables, transportation, skills, and incidentals required for the maintenance services, repairs, and miscellaneous services for the County's facilities. b. When required, the Contractor must use a qualified professional or company representative (with all related licenses and certifications being current and in full force and effect) with the experience and ability to obtain all permits required for any and all repairs, etc. when necessary and applicable. 2. Re-roofing Materials: All materials and parts must be as specified in the Quote request. If the work request is not specific and/or the Collier County Vertical Standards do not specify, then the parts/materials must be approved by the County Representative and/or designee. The Contractor(s) will be required to provide proof of the materials/supplies supplied by providing invoices and/or photographs at the time of invoice submission. a. The Contractor(s) shall be required to expressly warrant that all materials are new and free from defects, warranted for their merchantability and meet the performance specifications of the original material. In the event a portion, or all of an order, is found to be defective when delivered and/ or installed,the Contractor shall immediately replace the parts at no cost to the County. 3. Records and Documentation: The Contractor(s) is responsible to maintain and update records for services provided. The documentation will include, and not be limited to, records of all service calls, maintenance performed, and any modifications, if applicable. The Contractor(s) will not charge for any call back work. All reports shall be sent to the County Representative or designee, noting date, repair, materials, location, and/or disposal information. 4. Post Work Inspections: The County and the Contractor(s) will conduct an inspection of the completed services provided in response to any resulting purchase order. A post inspection report will be completed by the contractor and provided to the County prior to invoicing for services. Any deficiencies noted during an inspection shall be corrected before final acceptance. Such deficiencies will be corrected within 24 hours after receipt of notification or other time specified by the County Representative or designee, at the Contractor's expense, or the County may follow the provisions in Performance Measures and Contract Deductions Section. Deductions may be imposed at the time of initial notification for lack of performance. 5. Performance Measures: The Contractor(s) shall maintain compliance with the following performance measures: Page 2 of 3 Exhibit A-Scope of Services Ltt a. The Contractor(s) will provide all required reports and records within the time frame specified to the County Representative or designee. b. The Contractor(s) will advise the County, in writing, of any extenuating circumstances that will prohibit the Contractor from meeting the above-outlined performance measures. c. The Contractor(s) will furnish all necessary labor, tools, equipment and services to perform contracted services specified in the contract. The term contract officer or project manager as used herein, shall mean the County Representative or designee. The Division Management and/or County Representative shall be the final authority on any issues that may arise as to the quality and acceptability of any work performed under the resultant contract. d. Contractors will be expected to understand and comply with all applicable laws and regulations of any governmental entity and Collier County CMA's, Standard Operating Procedures (SOP's) or Job Safety Analysis (JSA's) that that pertain to environmental, health and safety standards and/or work practices applicable to the activities they perform. e. Contractor must agree that all work must meet or exceed the standards set forth in the Collier County Vertical Construction Standards and Collier County IT Construction Standards (if applicable) unless specifically exempted in writing by Facilities Management Division Representative or designee. 6. Final Acceptance by County: The County shall consider the work complete when the Contractor has completed in its entirety all of the work and the County has accepted all of the work and notified the Contractor in writing that the work is complete. Once the County has approved and accepted the work, Contractor shall be entitled to payment in accordance with the Contract requirements. 7. Recovery of Damages Suffered by Third Parties: Contractor shall be liable to the County to the extent the County incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract.The recovery of any delay related damages under this Contract through for example liquidated damages, does not preclude the County from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Contract. SECTION IV. APPLICABLE ARTICLES The following Articles of the Agreement shall only be applicable for individual project over$200,000; Article 22. Bonds Article 23. Liquidated Damages Article 24. Payments Article 34. Completion Page 3 of 3 Exhibit A-Scope of Services •-AO Exhibit B Fee Schedule n following this page (pages through ) (I1 this exhibit is not applicable Page 18 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 CAC} Exhibit C-1 E this exhibit is not applicable PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) 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 Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to 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 255.0592. 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 under-signed representative, pursuant to authority of its governing body. Page 19 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 S 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 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) Witness as to Surety (Printed Name) OR Page 20 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 0 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 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 of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 21 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 Z.�v ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige 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 Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to 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 Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of the Contract or to work or to the specifications. Page 22 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 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 Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. 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 of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 23 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 CA() ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (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 of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 24 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 CA( ❑ this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( STATE OF L. Before me,the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final]Application for Payment No. CONTRACTOR BY: Witness ITS: DATE: Witness [Corporate Seal] 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) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.: Page 25 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 ICAO ❑ this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT Bid No. (County Project Manager) PO No. (County Department) Collier County Board of County Commissioners (the OWNER) or Project No. Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 1 0% thru[insert date] $ and stored to Date $ Retainage @ __% after [insert date] $ Less previous payment(s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name&Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name&Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Page 26 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 CAO ❑ this exhibit is not applicable EXHIBIT F CHANGE ORDER ❑Contract Modification ❑Work Order Modification Contract#: Change#: Purchase Order#: I I Project#: Contractor/Firm Name: Project Name: Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes $ 0.00 #DIV/0! Change from Current Amount Completion Date, Description of the Task(s)Change,and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date Includes this change) #of Days Added Select Tasks ❑Add new task(s) ❑ Delete task(s) ❑Change task(s) ❑ Other(see below) Provide a response to the following:1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and /or the additional days added(if requested);2.)why this change was not included in the original contract;and,3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor/ Consultant/Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor/Vendor/Consultant/Design Professional and Name of Firm, if project applicable) Approved by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Procurement Professional Page 27 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 CAO this exhibit is not applicable EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 28 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 (,�O The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20_ OWNER By: Type Name and Title Page 29 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 a ❑ this exhibit is not applicable EXHIBIT H CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 30 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 CAO Executed by Design Professional on , 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title Page 31 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 rJ 7 this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: • CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 32 of 33 Multi-Award Agreement 2017.006 Ver.l Other Exhibit/Attachment Description: Federal Contract Provisions and Assurances �1 following this page (pages 1 through 9 ) f this exhibit is not applicable Page 33 of 33 Multi-Award Agreement 2017.006 Ver.1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law requires that the Applicants contracts relating to the project include certain provisions. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract(including a purchase order). Compliance with Federal Law, Regulations and Executive Orders:The Sub-Recipient(County)agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal, State, and local laws, regulations, codes and ordinances: o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Reporting: The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. EXHIBIT I-1 CA() EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty(30)day written notice. The County shall be sole judge of 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. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the County wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the County must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Changes: See Standard Purchase Order Terms and Conditions. Procurement of Recovered Materials (§200.322) (Over$10,000): (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii)Meeting contract performance requirements; or(iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpq- program Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracting with small and minority businesses,women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; EXHIBIT I-2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6)Requiring the prime contractor,if subcontracts are to be let,to take the affirmative steps listed in paragraphs (1)through (5) of this section. Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: I. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity,or national origin.Such action shall include,but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising;layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. II. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. IV. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. EXHIBIT I-3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction,the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1)of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. EXHIBIT I-4 /KAO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (4) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1)through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it,will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Clean Air Act and Federal Water Pollution Control Act: (over $150,000) (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3)The contractor agrees to report each violation to the County and understands and agrees that the County will,in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part with Federal assistance provided by FEMA. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over$100,000): Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." State Provisions Convicted Vendor and Discriminatory Vendors List Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or any state agency. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Record Retention - The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee's access to such records upon request. EXHIBIT I-5 . at) Collier County Solicitation 19-7539 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions,and Grant Clauses Certification If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law.The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Above All Roofing Contractor, LLC t Date br o Authorized Signature EXHIBIT I-6 2/19/2019 8:18 AM p.40 Colter County Solicitation 19-7539 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (I) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-recipient's subcontractor is unable to certify to the above statement,the prospective contract shall attach an explanation to this form. CONTRACTOR Above All Roofi g Contractor, LLC, Fla, Cert. No.: CCC1331258 / L'' By: t Signat, e Paul Brunton, Regional Director, Fla. Roofing Contractor Name and Title 5900 Shirley Street, Unit 6 Street Address Naples, Florida 34109 City, State, Zip 026235808 DUNS Number February 27, 2019 Date Sub-Recipient Name: Collier County Board of County Commissioners DEM Contract Number: Z0001 FEMA Project Number: 4337DRFLP0000001 EXHIBIT I-7 2/19/2019 5:1B AM p.41 CAO Collier County Solicitation 19-7539 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COWER COUNTY ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Llatazbe eed'Ecl rtatu:es'.n•I requ re Me PP ME:death:et prde a re,;id staterrieNt or protide sc urce dot unnerh ation :a Mate;a A, PRIME VENDOR/CONTRACTOR INFORMATION PFEME NaME PFEME fEa NUMEEP COTEFFZCT LAP VSOLVil* Paul Brunton 80-0660704 pD,$.,q,A l'_ODA— tPi li'AZN.AVZ,GEO vETEkAN DIE C \', )f 1^;;CC .1 n,ll'iOR.Tr ONE iftn,ts Eti TEPPcl• ' r CONS7PUCTION :ruo.let.ous OF rtA',.t S',11iLL tra.",',IES5 C CiiTh CAT or rprrr r lLLfi.. I r`115E.' ra CU? A IntiII,7TRATIC017 se yiCE CiDAELEri E—EPA`O GThEF: C:3 2i—if 'tci 0' A CicrP U F ES,CEV,SIGN NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION OBE FM/Writ SUBCONTRACTOR OR SUPPLIER TYPE OF WORK Of! ETHNICITY CODE SUB/SUPPMER PERCENT OF CONTRACT VETERA% NAME SPECIALTY iS.ae Be'oeat DOLLAR AMOUNT DOLLARS C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME 0 UMITTP DATE TITLE OF SUBMIFTER Paul Brunton 2/27/2019 Regional Director EMAIL ADDRESS OF PRIME ISUBMITTER) TELEPHONE NUMBER FAN NUMBER Regional Director 239-302-2778 rio-E : is us:eo to;rad.and re ix:1-z ant cipated DBE e rfc F oalityaticn ii federal i•'-veed contract; mia antic paled PEE or MBE amOUM i5 untari and Not hecorne part the crAtrxtua tirrrht. 'crrn mu be Aitm.tte.P nut.mt -11r.;lar,se2 to A tc/ mation f and•eo Kim aNardad n(.601Tv torYitazt,the prima,vi be asked to iapdate Me information for the grail.re-rp 100c ETHNICITY COOf each American 111111111=11111 Ilnpnrilcame7ican name ArroenCan f44 ubccit Az,F1 Lrner,can CAA as,an-Pacifir A rineican Non-minc Noiten Other not of any°that-CrCliC,hied D.SECTION TO BE COMPLETED BY GOWER COUNTY CIECTFACT 1,f3 MI or PO.EEO GRANT PROGRAM,CONTI4c7 I ACCEPTED BY: DATE EXHIBIT I-8 2119/2019 8:18 AM p.42 Collier County Solicitation 19-7539 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding$100,0001 The undersigned [Contractor]certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Above All Roofing Contractor, LLC Contractor(Fire) Name) Sigfiature of Co, rector's Authorized Official Paul Brunton, Regional Director, Fla. Cert.CCC1331258 Name and Title of Contractor's Authorized Official February 27,2019 Date EXHIBIT I-9 2/19/2019 8:18 AM p.43 CAO Client#: 24889 ABOVALL ACORDY., CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD:YYYY) 8/14/2019 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 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: The Crichton Group PHONE 615 383-9761 FAX 615 383-4628 3011 Armory Drive E-MA No,Ext): (ac,No): Suite 250 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Nashville,TN 37204 INSURER A:Westfield Insurance Co. 24112 INSURED INSURER B:Bonders Mutual Insurance Company 10844 Above All Roofing Contractor, LLC INSURER C Capitol Specialty Insurance Corp. 10328 117 Spence Lane LM Insurance Care 33600 Nashville,TN 37210 INSURERD: INSURER E: INSURER 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. INSR RTYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY TRA7985372 04/29/2019 04/29/2020 EEAACCHq�OECTCpURRENCE $1,000,000 PREMISES( CLAIMS-MADE X OCCUR Ea oNcaurrence) $500,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECOT X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY TRA7985372 04/29/2019 04/29/2020(Ea acodeD SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED — SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ $ A X UMBRELLA LIAB X OCCUR TRA7985372 04/29/2019 04/29/2020 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$0 $ B WORKERS COMPENSATION WCP1044278 04/29/2019 04/29/2020 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N D ANY PROPRIETOR/PARTNER/EXECUTIVEWC539S721162029 05/22/2019 05/22/2020 E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 C Contractors EV2016083504 01/30/2019 01/30/2020 $1,000,000/$2,000,000 Pollution Liab./ $5,000 deduct./occ. Trans. Pollution DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Bid for Roofing Maintenance and Remedial Repairs. If bid is successful, 30-day Notice of Cancellation will be added to the referenced policies in favor of the certificate holder. Please refer to the following pages for additional information. CERTIFICATE HOLDER CANCELLATION Collier County Board of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East Naples, FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S782754/M778607 ASM COMMENTS/REMARKS General Liability: Additional insured status applies when required by contract or agreement and only as per endorsements CG2010 04 13 and CG2037 04 13. Coverage for additional insureds applies on a primary and noncontributory basis and waiver of subrogation applies only when required by contract or agreement and only as per form CG7143 12 17. Business Automobile Liability: Additional insured status applies when required by contract or agreement and only as per form CA7078 10 13. Waiver of subrogation applies when required by contract and only as per form CA0444 10 13. Workers Compensation & Employers Liability: Waiver of subrogation applies to the Builders Mutual Insurance Company policy when required by written contract or agreement and only as per form WC980111 06 11. The Umbrella Liability policy provides excess limits over the scheduled underlying primary Commercial General Liability, Business Auto Liability, and Employers Liability policies' limits, subject to the Umbrella policy's terms, conditions and exclusions. Subject to all of the terms, conditions, exclusions and definitions of the above referenced policies as issued by the carrier(s) . OFREMARK COPYRIGHT 2000,AMS SERVICES INC. Client#: 24889 ABOVALL ACORD,„ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8/23/2019 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 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 The Crichton Group PHONE 615 383-9761 FAX 615 3834628 3011 Armory Drive (A/C,No,Ext): (A/C,No): Suite 250 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Nashville,TN 37204 INSURER A Westfield Insurance Co. 24112 INSURED INSURER B:Builders Mutual Insurance Company 10844 Above All Roofing Contractor, LLC Capitol Specialty insurance Corp. 10328 INSURER C: 117 Spence Lane LM Insurance Corp 33600 Nashville,TN 37210 INSURERD: INSURER E: INSURER 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. LTR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X TRA7985372 04/29/2019 04/29/2020 EACH OCCURRENCEpp $1,000,000 CLAIMS-MADE X OCCUR PREMEaEoNcourrDence) $500,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PR - POLICY X JECT X LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY TRA7985372 04/29/2019 04/29/2020Ea OMBIaccidNEDent)SI �NGLE LIMIT 1,000r 000 { X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURYPer accident $ AUTOS AUTOS ( ) NON-OWNED PROPERTY TY DAMAGE $ HIRED AUTOS AUTOS A X UMBRELLA LIAB X OCCUR TRA7985372 04/29/2019 04/29/2020 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$0 $ B WORKERS COMPENSATION WCP1044278 04/29/2019 04/29/2020 X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE —ER D ANY PROPRIETOR/PARTNER/EXECUTIVE WC539S721162029 05/22/2019 05/22/2020 E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 C Contractors EV2016083504 01/30/2019 01/30/2020 $1,000,000/$2,000,000 Pollution Liab./ $5,000 deduct./occ. Trans. Pollution DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) For any and all work performed on behalf of Collier County#19-7539 Certificate holder is included as additional insured as required by contract and as per the forms and endorsements referenced herein and attached to this certificate of insurance. Please refer to the following pages for additional information. CERTIFICATE HOLDER CANCELLATION Collier County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East Naples, FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S784043/M778607 AEC COMMENTS/REMARKS General Liability: Additional insured status applies when required by contract or agreement and only as per endorsements CG2010 04 13 and CG2037 04 13. Coverage for additional insureds applies on a primary and noncontributory basis and waiver of subrogation applies only when required by contract or agreement and only as per form CG7143 12 17. Business Automobile Liability: Additional insured status applies when required by contract or agreement and only as per form CA7078 10 13. Waiver of subrogation applies when required by contract and only as per form CA0444 10 13. Workers Compensation & Employers Liability: Waiver of subrogation applies to the Builders Mutual Insurance Company policy when required by written contract or agreement and only as per form WC980111 06 11. The Umbrella Liability policy provides excess limits over the scheduled underlying primary Commercial General Liability, Business Auto Liability, and Employers Liability policies' limits, subject to the Umbrella policy's terms, conditions and exclusions. Subject to all of the terms, conditions, exclusions and definitions of the above referenced policies as issued by the carrier(s) . OFREMARK COPYRIGHT 2000,AMS SERVICES INC. Above All Roofing Coi TRA7985372 04/29/2019 04/29/2020 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations All persons or organizations when you have All Locations agreed in writing in a contract or agreement that such persons or organizations be added as an additional insured. • Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section D - Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) equipment furnished in connection with or organization(s) shown in the Schedule, but such work, on the project (other than only with respect to liability for"bodily injury", service, maintenance or repairs) to be "property damage" or "personal and adver- performed by or on behalf of the addi- tising injury" caused, in whole or in part, by: tional insured(s) at the location of the covered operations has been completed; 1. Your acts or omissions; or or 2. The acts or omissions of those acting on 2. That portion of "your work" out of which your behalf; ' the injury or damage arises has been put to its intended use by any person or or- in the performance of your ongoing oper- ganization other than another contractor ations for the additional insured(s) at the or subcontractor engaged in performing location(s) designated above. operations for a principal as a part of the However: same project. C. With respect to the insurance afforded to 1. The insurance afforded to such additional these additional insureds, the following is insured only applies to the extent per- added to Section III - Limits Of Insurance: milled by law; and If coverage provided to the additional insured 2. If coverage provided to the additional in- is required by a contract or agreement, the sured is required by a contract or agree- most we will pay on behalf of the additional ment, the insurance afforded to such insured is the amount of insurance: additional insured will not be broader than that which you are required by the 1. Required by the contract or agreement; contract or agreement to provide for or such additional insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to Insurance shown in the Declarations; these additional insureds, the following addi- whichever is less. tional exclusions apply: This endorsement shall not increase the ap- This insurance does not apply to "bodily in- plicable Limits of Insurance shown in the jury" or "property damage" occurring after: Declarations. ® insurance Services Office. Inc..2012 CG 20 10 04 13 Above All Roofing Contractor,LLC TRA7985372 POLICY NUMBER: 4/29/2019 04/29/2020 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)And Description Of Covered Operations ANY PERSONS OR ORGANIZATIONS WHEN ALL LOCATIONS DESIGNATED IN A YOU HAVE AGREED IN A CONTRACT OR WRITTEN CONTRACT OR AGREEMENT AGREEMENT THAT SUCH PERSONS OR ORGANIZATIONS BE ADDED AS AN ADDITIONAL INSURED •Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to contract or agreement to provide for include as an additional insured the person(s) such additional insured. or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury" B. .With respect to the insurance afforded to or "property damage" caused, in whole or in these additional insureds, the following is part, by "your work" at the location desig- added to Section III - Limits Of Insurance: nated and described in the schedule of this If coverage provided to the additional insured endorsement performed for that additional is required by a contract or agreement, the insured and included in the "products- most we will pay on behalf of the additional completed operations hazard". insured is the amount of insurance: However: 1. Required by the contract or agreement; 1. The insurance afforded to such additional or insured only applies to the extent per- 2. Available under the applicable Limits of muted by law; and Insurance shown in the Declarations; 2. If coverage provided to the additional in- whichever is less. sured is required by a contract or agree- ment, the insurance afforded to such This endorsement shall not increase the ap- additional insured will not be broader plicable Limits of Insurance shown in the than that which you are required by the Declarations. © Insurance Services Office, Inc.,2012 CG 20 37 04 13 Above All Roofing Contrac TRA7985372 04/29/2019 04/29/2020 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WESTFIELD •i SERIES COMMERCIAL GENERAL LIABILITY ARTISAN CONTRACTORS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE The coverage provided by this endorsement is summarized below and is intended to provide a general coverage description only. For the details effecting each coverage please refer to the terms and condi- tions in this endorsement. A. Expected or Intended Injury • Reasonable force B. Non-Owned Watercraft • Increased to 60 feet C. Damage To Property- Borrowed Equipment D. Damage To Premises Rented To You E. Damage To Your Work F. Voluntary Property Damage G. Care, Custody Or Control H. Supplementary Payments • Bail Bonds- $2,500 • Loss of Earnings- $1,000 I. Additional Insureds -Automatic Status • State or Governmental Agency or Subdivision or Political Subdivision • Controlling Interest • Managers or Lessors of Premises • Mortgagee, Assignee or Receiver • Owners or Other Interests From Whom Land Has Been Leased • Co-Owners of Insured Premises • Lessor of Leased Equipment • Vendors J. Who Is An Insured broadened • Joint Ventures / Partnership / Limited Liability Company • Health Care Professionals (Incidental Medical Malpractice) • Individual Owners of Building are Insured's • Newly Formed or Acquired Entities. K. Knowledge and Notice of Occurrence L. Other Insurance Condition Amended M. Unintentional Failure To Disclose Hazards N. Waiver of Transfer Of Rights Of Recovery Against Others To Us -Automatic Status O. Liberalization P. Definitions • Bodily Injury redefined A. EXPECTED OR INTENDED INJURY "Bodily Injury" or "property damage" Under SECTION I, COVERAGES, COVERAGE expected or intended from the A BODILY INJURY AND PROPERTY DAMAGE standpoint of the insured. This ex LIABILITY, Item 2. exclusion a, is replaced clusion does not apply to "bodily in- with the following: jury" or "property damage" resulting from the use of reasonable force for a. Expected or Intended Injury the purpose of protecting persons or property. CG 7143 12 17 Page 1 of 8 B. NON-OWNED WATERCRAFT age To Premises Under SECTION I, COVERAGES, COVERAGE RenYou as de- A BODILY INJURY AND PROPERTY DAMAGE scribbed ed in n Section III - LIABILITY, Item 2. Exclusions g.2(a) is re- placed with the following: Paragraph (2) of this exclusion does not apply (a) Less than 60 feet long; and if the premises are "your work" and were not occupied, rented or held for rental by you C. DAMAGE TO PROPERTY - BORROWED beyond one year from the date "your work" EQUIPMENT was completed. Under SECTION I, COVERAGES, COVERAGE Paragraph (2)of this exclusion does not apply A BODILY INJURY AND PROPERTY DAMAGE if the premises are "your work" and were LIABILITY, Item 2. Exclusions j. is deleted and never occupied, rented or held for rental by replaced by the following: you. j. Damage To Property Paragraphs (3), (4), (5) and (6) of this exclu- sion do not apply to liability assumed under (1) Property you own, rent or oc a sidetrack agreement. cupy Paragraph (6)of this exclusion does not apply to "property damage" included in the (2) Premises you sell, give away or "products-completed operations hazard." abandon, if the "property dam- age" arises out of any part of D. DAMAGE TO PREMISES RENTED TO YOU those premises; Under SECTION I - COVERAGES, COVERAGE (3) Property loaned to you; A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions, the last para- (4) Personal property in the care, graph of Item 2. Exclusions is replaced with custody or control of the in- the following: sured; Exclusion c. through n. do not apply to dam- (5) That particular part of any real age by fire or explosion to premises while property on which you or any rented to you or temporarily occupied by you contractors or subcontractors with permission of the owner. A separate limit working directly or indirectly on of insurance applies to this coverage as de- your behalf are performing op- scribed in Section III - LIMITS OF INSUR- erations, if the "property dam- ANCE. age" arises out of those operations; or E. DAMAGE TO YOUR WORK (6) That particular part of any real Under SECTION 1, COVERAGES, COVERAGE property that must be restored, A BODILY INJURY AND PROPERTY DAMAGE replaced, or repaired because LIABILITY, Item 2. Exclusions I. is deleted and "your work" was incorrectly replaced by the following: performed on it. I. Damage To Your Work Paragraphs (1), (3) and (4) of this exclusion do not apply to: "Property damage" to "your work" arising out of it and included in the "products-completed (i) "property damage" to operations hazard". tools or equipment This exclusion only applies to that particular loaned to you if the part of "your work" out of which the damage tools or equipment are arises. not being used to per- form operations at the This exclusion does not apply if the damaged time of loss; or work or the work out of which the damage arises was performed on your behalf by a (ii) "property damage" subcontractor. (other than damage by fire) to premises rented Under SECTION I, COVERAGES, the following are to you or temporarily added: occupied to you with F. VOLUNTARY PROPERTY DAMAGE the permission of the owner or to the con- 1. Insuring Agreement tents of premises rented to you for a pe- We will pay, at your request, for "prop- riod of 7 or fewer con- erty damage" to property of others secutive days. A caused by you, or while in your proc- separate limit of insur- ession, arising out of your business op- ance applies to Dam- erations. CG 7143 12 17 Page 2 of 8 2. Exclusions 2. Exclusions Coverage for Voluntary Property Damage Coverage for Care, Custody and Control does not apply to: does not apply to: a. "Loss" of property at premises a. "Property damage" to property at owned, rented, leased, operated or any premises owned, rented, leased, used by you; operated or used by you; b. "Loss" or property while in transit; b. "Property damage" to property while in transit; c. "Loss" of property owned by, rented to, leased to, borrowed by or used c. The cost of repairing or replacing; by you; (1) "Your work" defectively or in- d. The cost of repairing or replacing; correctly done by you; or (1) "Your work" defectively or in- (2) "Your product" manufactured or correctly done by you; or sold by you; (2) "Your product" manufactured unless the "property damage" is sold or supplied by you; caused directly by you after delivery of "your product" or completion of unless the "property damage" is "your work" and resulting from a caused directly by you after delivery subsequent undertaking. of "your product" or completion of "your work" and resulting from a d. "Property damage" to property subsequent undertaking. caused by or arising out of the "products-completed operations e. "Loss" of property caused by or hazard". arising out of the "products- completed operations hazard." The most we will pay under Care Cus- tody or Control for "property damage" is The most we will pay under Voluntary $2.500 for each "occurrence". The most Property Damage for "loss" arising out we will pay for the sum of all damages of any one "occurrence" is $250. The because of"property damage" under this most we will pay for the sum of all coverage is $5,000. "losses" under this coverage is $1,000 3. Deductible 3. Deductible We will not pay for "property damage" in We will not pay for "loss" in any one any one "occurrence" until the amount of "property damage" exceeds $250. We "occurrence" until the amount of "loss" will then pay the amount of "property exceeds $250. We will then pay the amount of"loss" in excess of$250, up to damage" in excess of$250, up to the ap the applicable limit of liability. plicable limit of liability. 4. Actual Cost 4. Actual Cost In the event of covered "property dam- In the event of a covered "loss", you age" you shall, if requested by us, re- shall, if requested by us, replace the place the property or furnish the labor damaged property or furnish the labor and materials necessary for repairs and materials necessary for repairs thereto, at your actual cost, excluding thereto at your actual cost, excluding profit or overhead charges. profit or overhead charges. H. SUPPLEMENTARY PAYMENTS G. CARE, CUSTODY OR CONTROL Under SECTION I - SUPPLEMENTARY PAY- 1. Insuring Agreement MENTS COVERAGES A AND B, item 1.b. is We will pay those sums the insured be replaced with the following: comes legally obligated to pay as dam- b. Up to $2,500 for cost of bail bonds ages because of "property damage" to required because of accidents or property of others while in your care, traffic law violations arising out of custody or control or property as to the use of any vehicle to which the which you are exercising physical control "Bodily Injury" Liability Coverage if the "property damage" arises out of applies. We do not have to furnish your business operations. these bonds. CG 7143 12 17 Page 3 of 8 Under SECTION I - SUPPLEMENTARY PAY- (2) This insurance applies only with MENTS COVERAGES A AND B, item 1.d. is respect to operations performed replaced with the following: by you or on your behalf for which the state or governmental d. All reasonable expenses incurred by agency or subdivision or poli- the insured at our request to assist tical subdivision has issued a us in the investigation or defense of permit or authorization. the claim or "suit", including actual This insurance does not apply to loss of earnings up to $1,000 a day dam- because of time off from work. "bodily injury," "property age" or "personal and advertis- I. ADDITIONAL INSUREDS - AUTOMATIC STA- ing injury" arising out of TUS operations performed for the federal government, state or SECTION II - WHO IS AN INSURED is municipality. amended to include as an insured any person or organization (called additional insured) b. Controlling Interest described in paragraphs a. through g. below Any person or organizations with a whom you are required to add as an addi- controlling interest in you but only tional insured on this policy under a written with respect to their liability arising contract or written agreement. However the out of: written contract or written agreement must be: (1) Their financial control of you; or 1. Currently in effect or becoming effective (2) Premises they own, maintain or during the term of the policy; and control while you lease or oc- cupy these premises. 2. Executed prior to the "bodily injury", "property damage" or "personal injury This insurance does not apply to and advertising injury", but structural alterations, new con- struction and demolition operations Only the following persons or organizations performed by or for such additional are additional insureds under this endorse- insured. ment and coverage provided to such addi- c. Managers or Lessors of Premises tional insureds is limited as provided herein: A manager or lessor of premises but a. State or Governmental Agency or only with respect to liability arising Subdivision or Political Subdivisions out of the ownership, maintenance or use of that specific part of the A state or governmental agency or premises leased to you and subject subdivision or political subdivision to the following additional exclu- subject to the following provisions: sions: (1) This insurance applies only with This insurance does not apply to: respect to the following hazards for which the state or govern- (1) Any "occurrence" which takes mental agency or subdivision or place after you cease to be a political subdivision has issued tenant in that premises; or a permit or authorization in (2) Structural alterations, new con- connection with premises you struction or demolition oper- own, rent or control and to ations performed by or on which this insurance applies; behalf of such additional in- (a) The existence, repair main- sured. tenance, erection, con- d. Mortgagee, Assignee or Receiver struction, or removal of advertising signs, awnings A mortgagee, assignee or receiver canopies, cellar entrances, but only with respect to their liability coal holes, driveways, as mortgagee, assignee or receiver manholes marquees, and arising out of the ownership, hoistaway openings, side- maintenance, or use of a premises walk vaults, street banners, by you. or decorations and similar This insurance does not apply to exposures; or structural alterations, new con- struction or demolition operations (b) The construction, erection, performed by or for such additional or removal of elevators. insured. CG 7143 12 17 Page 4 of 8 e. Owners Or Other Interests From erty damage" included within the Whom Land Has Been Leased "products-completed operations An owner or other interest from hazard". whom land has been leased by you h. Vendors but only with respect to liability aris- ing out of the ownership, mainte- Any person(s) or organization(s) nance or use of that specific part of with whom you agree in a written the land leased to you and subject contract or agreement to name as to the following additional exclu- an additional insured but only with sions: respect to "bodily injury" or "prop- erty damage" arising out of "your This insurance does not apply to: products" which are distributed or (1) Any "occurrence" which takes sold in the regular course of the after you cease to lease vendors business, subject to the fol- placelowing additional exclusions: that land; or (2) Structural alterations, new con (1) The insurance afforded the yen- -struction or demolition oper- ations performed by or on (a) "Bodily injury" or "property behalf of such additional in- damage" for which the ven- sured. dor is obligated to pay f. Co-owner of Insured Premises damages by reason of the assumption of liability in a A co-owner of a premises co-owned contract or agreement. This by you and covered under this in- exclusion does not apply to surance but only with respect to the liability for damages that co-owners liability as co-owner of the vendor would have in such premises. the absence of the contract or agreement; g. Lessor of Equipment Any person or organization from (b) Any express warranty un- whom you lease equipment. Such authorized by you; person or organization are insureds (c) Any physical or chemical only with respect to their liability change in the product made arising out of the maintenance, op- intentionally by the vendor; eration or use by you of equipment leased to you by such person or or- (d) Repackaging, except when ganization. A person's or organiza- unpacked solely for the tion's status as an insured under this purpose of inspection dem- endorsement ends when their writ- onstration, testing, or the ten contract or written agreement substitution of parts under with you for such leased equipment instructions from the man- ends. ufacturer, and the repack- aged in the original With respect to the insurance af- container; forded these additional insureds, the following exclusions apply: (e) Any failure to make such This insurance does notapply: inspections, adjustments, tests or servicing as the (1) To any "occurrence" which vendor has agreed to make takes place after the equipment or normally undertake to lease expires; or make in the usual course of business in connection (2) To "bodily injury", "property with the distribution or sale damage", or "personal and ad- of the products; vertising injury" arising out of the sole negligence of such ad- (f) Demonstration, installation, ditional insured. servicing or repair oper- ations, except such oper- Any insurance provided to an addi- ations performed at the tional insured designated under par- vendor's premises in con- agraphs a. through g. above does nection with the sale of the not apply to "bodily injury" or "prop- product; CG 7143 12 17 Page 5 of 8 (g) Products which, after dis- for injury or damage covered by tribution or sale by you, this endorsement to be excess have been labeled or rela- and noncontributing with this beled or used as a con- insurance. tained, part or ingredient of any other thing or sub- J. WHO IS AN INSURED BROADENED stance by or for the vendor; Under SECTION II - WHO IS AN INSURED the or following is added to item 1: (h) "Bodily injury" or "property f. Joint Ventures / Partnership / Lim- damage" arising out of the ited Liability Company Coverage sole negligence of the ven- dor for its own acts or You are an insured when you had an omissions or those of its Interest in a joint venture, partner- employees or anyone else ship or limited liability company acting on its behalf. How- which is terminated or ended prior ever, this exclusion does to or during this policy period but not apply to: only to the extent of your interest in such joint venture, partnership or (i) The exceptions con- limited liability company. This cov- tained in subpara- erage does not apply: graphs 4 and 6; or (1) Prior to the termination date of (ii) Such inspections, ad- any joint venture, limited liability justments, tests or ser- company or partnership; or vicing as the vendor has agreed to make or (2) If there is other valid and normally undertake to collectible insurance purchased make in the usual specifically to insure the joint course of business, in venture, legal liability company connection with the or partnership. distribution or sale of Under SECTION II - WHO IS AN INSURED, the products. 2.a.(1)(d) is deleted and replaced with the fol- (2) This insurance does not apply to lowing: any insured person or organ- ization from whom you have ac (d) Arising out of his or her quired such products, or any providing or failing to pro- ingredient, part or contained, vide professional health care services. entering into accompanying or containing such products. This does not apply to nurses, emergency medical As respects the coverage provided under this technicians or paramedics provision, Paragraph 4.b.(1) of SECTION IV - employed by you to provide COMMERCIAL GENERAL LIABILITY CONDI- health care services, but TIONS is deleted and replaced with the fol- only if you are not in the lowing: business or occupation of providing such professional 4. Other Insurance services. b. Excess Insurance Under SECTION II - WHO IS AN INSURED the following is added: (1) This insurance is excess over: Any other insurance naming the 4. For COVERAGE A and COVERAGE B additional insured as an insured only, the owner of any building leased to whether you, but only if the building owner is a primary, excess, con- shareholder in your corporation or a tingent or on any other basis partner in your partnership insured by unless a written contract or this policy, and only with respect to li- written agreement specifically ability arising out of the ownership, requires that this insurance be maintenance or use of that part of the either primary or primary and premises leased to you. However, this noncontributing. Where re- insurance does not apply: quired by written contractor written agreement, we will con- a. To any "occurrence" or offense sider any other insurance main- which takes place after you cease to tained by the additional insured be a tenant in the premises; or CG 7143 12 17 Page 6 of 8 b. To structural alterations, new con- able belief that the "bodily injury" or struction or demolition operations "property damage" is not covered performed by or on behalf of the under this Coverage Part. However, building owner. you shall give written notice of this "occurrence," offense, claim, or Under SECTION II -WHO IS AN INSURED, 3.a. "suit" to us as soon as you are is deleted and replaced with the following: aware this insurance may apply to a. Coverage under this provision is of such "occurrence," offense, claim, or "suit." forded only until the end of the policy period or the next anniversary of this L. OTHER INSURANCE CONDITION AMENDED policy's effective date after you ac- quire or form the organization When required by written contract with any whichever is earlier. additional insured owner, lessee, or contrac- tor to provide insurance on a primary and Under SECTION II - WHO IS AN INSURED the noncontributory basis, Condition 4. of Section last paragraph in this section is deleted and IV - Commercial General Liability Conditions replaced with the following: is deleted and replaced by the following: Except as provided in 3. above, no per- 4. Other Insurance son or organization is an insured with respect to the conduct of any current or If other valid and collectible insurance is past joint venture, limited liability com- available for a loss we cover under Cov- pany or partnership that is not shown as erage A or B of this Coverage Part, our a named insured in the Declarations. obligations are limited as follows: K. KNOWLEDGE AND NOTICE OF OCCURRENCE a. Primary Insurance Under SECTION IV - COMMERCIAL GENERAL This insurance is primary and non- LIABILITY CONDITIONS, 2. Duties in the contributory except when b. below Event of Occurrence, Offense, Claim Or Suit, applies. the following is added: b. Excess Insurance e. The requirement in Condition 2.a. applies only when the "occurrence" This insurance is excess over any of or offense is know to: the other insurance, whether pri- mary, excess, contingent, or on any (1) You, if you are an individual; other basis: (2) A partner, if you are a partner- (1) That is Fire, Extended Coverage, ship; Builders Risk, Installation Risk, or similar coverage for "your (3) An "executive officer" or insur- work"; ance manager, if you are a cor- poration; or (2) That is Fire insurance for prem- ises rented to you or temporar- (4) A manager, if you are a limited ily occupied by you with liability company. permission of the owner; or f. The requirement in Condition 2.b. (3) If the loss arises out of the will not be breached unless the maintenance or use of aircraft, breach occurs after such claim or "autos," or watercraft to the ex- "suit" is know to: tent not subject to Exclusion g. (1) You, if you are an individual; of Section 1 - Coverage A. (2) A partner, if you are a partner- (4) If the loss is caused by the sole ship; negligence of any additional in- sured, owner, lessee, or con- (3) An "executive officer" or insur- tractor. ance manager, if you are a cor- poration; or When this insurance is excess, we will have no duty under Coverage A (4) A manager, if you are a limited or B to defend the insured against liability company. any "suit" if any other insurer has a duty to defend the insured against g. Your rights under this Coverage Part that "suit." If no other defends, we will not be prejudiced if you fail to will undertake to do so, but we will give us notice of an "occurrence," be entitled to the other insured's offense, claim, or "suit" and that rights against all those other insur- failure is solely due to your reason- ers. CG 7143 12 17 Page 7 of 8 When this insurance is excess over N. WAIVER OF TRANSFER OF RIGHTS OF RE- other insurance, we will pay only our COVERY AGAINST OTHERS TO US AUTO- share of the amount of loss, if any, MATIC STATUS that exceeds the sum of: Under SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS, item 8. Transfer Of (1) The total amount that all such Rights Of Recovery Against Others To Us is other insurance would pay for deleted and replaced by the following: the loss in the absence of this We waive any right of recovery we may have insurance; and against any person or organization with re- (2) The total of all deductibles and spect to which the insured has waived its right of recovery. self-insured amounts under all that other insurance. It is further agreed that work commenced un- der letter of intent or work order, subject to We will share the remaining loss, if subsequent reduction to writing, with cus- any, with any other insurance that is tomers whose customary written contracts not described in this Excess Insur would require a waiver of recovery rights ance provision and was not bought against them also falls within this blanket waiver of recovery rights. specifically to apply in excess of the limits of Insurance shown in the O. LIBERALIZATION declarations of this Coverage Part. If we adopt a change in our forms or rules M. UNINTENTIONAL FAILURE TO DISCLOSE which would broaden coverage for contrac- tors under this coverage form without an ad- HAZARDS ditional premium charge, your policy will Under SECTION IV - COMMERCIAL GENERAL automatically provide the additional cover- LIABILITY CONDITIONS, item 6. Represen- ages as of the date the broadened coverage is effective in your state. tations, the following is added: P. DEFINITIONS d. Your failure to disclose all hazards Under SECTION V - DEFINITIONS, item 3. is or prior "occurrences" existing as of deleted and replaced with the following: the inception date of this policy shall not prejudice the coverage afforded 3. "Bodily Injury" means bodily injury, disa- by this policy, provided such failure bility, sickness, or disease sustained by to disclose all hazards or prior "oc- a person, including death resulting from currences" is not intentional. any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". CG 7143 12 17 Page 8 of 8 Above All Roofing Contra, TRA7985372 04/29/2019 04/29/2020 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXPANDED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE The coverage provided by this endorsement is summarized below and is intended to provide a general coverage description only. For the details affecting each coverage, please refer to the terms and condi- tions in this endorsement. A. Who Is An Insured broadened: • Additional Insured by Contract, Agreement or Permit • Legally Incorporated Subsidiaries • Newly Acquired Organizations B. Supplementary Payments • Bail Bonds - $5000 • Loss of Earnings - $500 C. Fellow Employee Exclusion Amendment D. Coverage Extensions • Transportation Expenses • Personal Effects (Excess Basis) E. Additional Coverages • Expenses paid for returning a stolen covered auto • Fire Department Service Charge F. Airbag Coverage - Accidental Discharge G. Glass Repair- Waiver of Deductible H. Knowledge and Notice of an Accident, Claim or Suit I. Unintentional Failure To Disclose Hazards J. Worldwide Coverage K. Definitions • Bodily Injury Redefined In addition to the policy amendments contained in A. through K. listed above, the endorsements listed below will automatically be attached to your policy to complete the coverage provided by the Business Auto Expanded Endorsement: • Audio, Visual and Data Electronic Equipment Coverage Added Limits - CA 99 60 • Auto Loan/Lease Gap Coverage - CA 20 71 • Drive Other Car Coverage - Broadened Coverage For Named Individuals - (Executive Officers/Spouses) - CA 99 10 • Employee Hired Autos - CA 20 54 • Employees As Insureds - CA 99 33 • Hired Auto Physical Damage (Refer to Auto Declarations page) • Rental Reimbursement Coverage - CA 99 23 • Waiver of Transfer of Rights of Recovery (Waiver of Subrogation) - CA 04 44 A. WHO IS AN INSURED BROADENED policy but for its termination or the SECTION II - COVERED AUTOS LIABILITY exhaustion of its limit of insurance. COVERAGE, item A. Coverage, 1. Who Is An Coverage under this provision is af- Insured is amended to include the following forded only for the first 180 days af- additional paragraphs: ter you acquire or form the organization or until the end of the d. Any legally incorporated subsidiary of yours in which you own more than policy period, whichever comes first. 50% of the voting stock on the ef- e. Any organization you newly acquire fective date of this endorsement. or form, other than a partnership or However, "insured" does not include joint venture, and over which you any subsidiary that is an "insured" maintain ownership or a majority in- under any other liability policy or terest. However, coverage under would be an "insured" under such a this provision: CA 70 78 10 13 Page 1 of 3 (1) Does not apply if the organiza- a. Transportation Expenses tion you acquire or form is an "insured" under another auto li We will pay up to $100 per day to a ability policy or would be "in maximum of $1,800 for transporta- sured" under such a policy but tion expense incurred by you be- for its termination or the ex- cause of the total theft of a covered haustion of its limits of insur "auto" of the private passenger type. ance; We will pay only for those covered "autos" for which you carry either (2) Does not apply to "bodily injury" Comprehensive or Specified Causes or "property damage" that oc of Loss Coverage. We will pay for curred before you acquired or transportation expenses incurred formed the organization; and during the period beginning 48 hours after the theft and ending, regardless (3) Is afforded only for the first 180 of the policy's expiration, when the days after you acquire or form covered "auto" is returned to use or the organization or until the end we pay for its "loss". of the policy period, whichever The following is added to Item 4. Cover- comes first. age Extensions: f. Any person or organization with c. Personal Effects whom you agreed in writing in a contract, agreement or permit, to We will pay up to $500 for the "loss" provide insurance such as is af- of your personal effects that are forded under this policy. contained in a covered "auto" due to the total theft of the covered "auto." This provision only applies if the We will pay only for those personal written contract or agreement has effects that are contained in covered been executed or permit has been "autos" for which you carry either issued, prior to the "bodily injury" or Comprehensive or Specified Causes "property damage". Of Loss Coverage. B. SUPPLEMENTAL PAYMENTS Our payment for "loss" of or damage to personal effects will apply only on SECTION II - COVERED AUTOS LIABILITY an excess basis over other collect- COVERAGE, item A. Coverage, 2. Coverage ible insurance. Extensions, a. Supplementary Payments, sub- paragraphs (2) and (4) are deleted and re- E. ADDITIONAL COVERAGES placed with the following: SECTION III - PHYSICAL DAMAGE COVER- (2) Up to $5,000 for cost of bail AGE, A. Coverage, is amended to include the bonds (including bonds for re- following additional coverage items: lated traffic law violations) re 5. We will pay the expense of returning a quired because of an "accident" stolen covered "auto"to you. we cover. We do not have to furnish these bonds. 6. Fire Department Service Charge (4) All reasonable expenses in- When a fire department is called to save curred by the "insured" at our or protect a covered "auto", its equip- request, including actual loss of ment, its contents or occupants from a earnings up to $500 per day be- Covered Cause Of Loss, we will pay up cause of time off from work. to $1,000 for your liability for Fire De- partment Service Charges: C. FELLOW EMPLOYEE EXCLUSION AMEND- MENT (a) Assumed by contract or agreement SECTION II - COVERED AUTOS LIABILITY prior to loss; or COVERAGE, item B. Exclusions, 5. Fellow (b) Required by local ordinance. Employee does not apply if the "bodily injury" results from the use of a covered "auto" you No deductible applies to this additional own or hire. coverage. D. COVERAGE EXTENSIONS F. AIRBAG COVERAGE - ACCIDENTAL DIS- SECTION III - PHYSICAL DAMAGE COVER- CHARGE AGE, Item A. Coverage, 4. Coverage Exten- SECTION III - PHYSICAL DAMAGE COVER- sions, a. Transportation Expenses is replaced AGE, Item B. Exclusions, subparagraph 3.a. with the following: is deleted and replaced with the following: CA 70 78 10 13 Page 2 of 3 a. Wear and tear, freezing, mechanical I. UNINTENTIONAL FAILURE TO DISCLOSE or electrical breakdown. Mechanical HAZARDS breakdown does not apply to the ac- Under SECTION IV - BUSINESS AUTO CON- cidental discharge of an airbag. DITIONS, B. General Conditions, 2. G. GLASS REPAIR -WAIVER OF DEDUCTIBLE Concealment, Misrepresentation Or Fraud is amended to include the following additional SECTION III - PHYSICAL DAMAGE COVER- paragraph: AGE, item D. Deductible the following para- graph is added: If you unintentionally fail to disclose any hazards existing at the inception date of No deductible shall apply to glass dam- your policy, we will not deny coverage age if the glass is repaired rather than under this Coverage Part because of replaced. such failure. H. KNOWLEDGE AND NOTICE OF AN ACCI- J. WORLDWIDE COVERAGE DENT, CLAIM OR SUIT Under SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 7. Policy SECTION IV - BUSINESS AUTO CONDITIONS, Period, Coverage Territory, subparagraph (5) Item A. Loss Conditions is amended as fol- is deleted and replaced with the following: lows: (5) Anywhere in the world, if: Subparagraph a. under Item 2. Duties In The Event Of Accident, Claim, Suit Or (a) A covered "auto" of the private Loss, is amended to include the following passenger type is leased, hired, paragraphs: rented or borrowed without a driver for a period of 45 days or This requirement applies when the less; and "accident," claim, "suit" or "loss" is (b) The "insured's" responsibility to first known to: pay damages is determined in (1) You, if you are an individual; a "suit" on the merits, in the United States of America. the (2) A partner, if you are a partner- territories and possessions of ship; or the United States of America, Puerto Rico or Canada or in a (3) An executive officer or insur settlement we agree to. ance manager, if you are a cor- (c) If, for such "autos" a "suit" is poration. brought outside the territory de- Subparagraph b.(2) under 2. Duties In scribed in 7.(1) through 7.(4) above, wewillreimburse the The Event Of Accident, Claim, Suit Or Loss is amended as follows: insured for defense expenses incurred with our written con- (2) Immediately send us copies of sent, but we will make no pay any request, demand. order, ment, nor will we reimburse the notice, summons or legal paper insured for damages. received concerning the claim K. DEFINITIONS or "suit." Under SECTION V - DEFINITIONS, Item C. is Your employees may know of replaced by the following: documents received concerning a claim or "suit". This will not C. "Bodily injury" means bodily injury, sick- mean that you have such know- ness or disease sustained by a person, ledge, unless receipt of such including mental anguish, mental injury documents is to you, or death resulting from any of these. of your executive iknown officers anyor "Bodily injury" includes mental anguish partners or your insurance "b oroilmental injury resulting from "bodilyy injury". manager. CA 70 78 10 13 Page 3 of 3 Above All Roofing Contrac TRA7985372 04/29/2019 04/29/2020 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply un- less modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Sched- ule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. ©Insurance Services Office,Inc.,2011 CA 04 44 10 13 Above All Roofing Contract WCP1044278 04/29/2019 04/29/2020 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 98 01 11 (Ed. 6-11) BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company BUILDERS PREMIER INSURANCE CO. Countersigned by WC 98 01 11 (Ed. 6-11) Includes copyrighted material of the National Council on Compensation Insurance with its permission. 01983 National Council on Compensation Insurance.