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#19-7622 (Precision Left Stations) MULTI-CONTRACTOR AWARD AGREEMENT # 19-7622 for Annual Agreement for Wastewater Pump Station Repair and Renovation THIS AGREEMENT, made and entered into on this , day ofi L- 2044' by and between Precision Lift Stations, Inc. authorized to do business in the State of Florida, whose business address is 411 Wylly Ave, Sanford, FL 32773 , (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 I 1 or on , and terminating three ( 3 ) year(s) from that date or until all outstanding II•I Purchase Order(s) n 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 Procccd. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of I I Request for Proposal (RFP} I I Invitation to Bid (ITB) n Other: Request for Qualification (RFQ ) # 19-7622 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. I The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. 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 �Cq� 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 Ii1 The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. I : : :. - __ . - . _ _- - ------ ' -- •- - - I I Other Exhibit/Attachment: 3.4 e The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. II Contractor's quoted prices shall be based on Exhibit B- Fee Schedule. 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". h The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of ($ ), per County fiscal year, based on Work performed pursuant to the quoted price offered by the in Section 4-:1-- I I - - - : ' : _: -: : • - -- :- :- -_ ••:• _ - - : . -. Payment will be made upon receipt of a proper invoice and upon approval by the County's otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ISI 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. ■ Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Page 2 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 • Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile Breakfast $6700 Lunch $11.00 Dinner $4-9700 Airfare A - .. - _ •--• - - -- • - -- - - - - Rental car Actual rental cost limited to compact or standard size vehicles more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine A - -- -- - - -- - - - -- -- -- Reimbursable items other than travel expenses shall be limited to the following: telephone long 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. 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: Precision Lift Stations Inc. Address: P.O. Box 520811 Longwood, FL 32752 Page 3 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 Authorized Agent: Fred Nugent, President Attention Name & Title: Telephone: (407) 257-4613/ (407) 936-1139 E-Mail(s): Fred@nugentco.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: Tom Chmelik Division Name: Engineering and Project Management Division Address: 3339 Tamiami Trail East, Suite 303 Naples, Florida 34112 Administrative Agent/PM: John Eick, Senior Project Manager Telephone: (239) 252-5345 E-Mail(s): John,Eick@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue Page 4 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 t:A O until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. • Commercial General Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. n Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. 01 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. ID,❑ Professional Liability; Shall be maintained by the Contractor to ensure its legal liability for shall have limits of not less than $ ach claim and aggregate. n Cyber Liabilit rL: Coverage shall have minimum limits of$ per claim. F. 0 Pollution : Coverage shall have minimum limits of $ 1,000,000 per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Page 5 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 f 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 Public Utilities Engineering and Project Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ■ Exhibit A Scope of Services, ■ Exhibit B Fee Schedule, I I RFP/ I I /I■I Other Request for Qualification (RFQ) #19-7622 including Exhibits, Attachments and Addenda/Addendum, IU1 subsequent quotes at4 corresponding contract documents, ❑ Exhibit C-1 Public Payment Bond, ❑U Exhibit C-2 Public Page 6 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 Performance Bond, n Exhibit D - Release and Affidavit Form, n Exhibit E — Form of Contract Application for Payment, n Exhibit F - Change Order, 01 Exhibit G - Certificate of Substantial Completion, • Exhibit H -Certificate of Final Completion, 1.1 Exhibit I - Warranty, and 11•I Other Exhibit/Attachment: Federal Contract Provisions and Assurances 17. APPLICABILITY. Sections corresponding to any checked box (•) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as 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 Tam iami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied Page 7 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 `CAU 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. n 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. 23. n 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. Page 8 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 ai?, 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. 0 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 to 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 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 Page 9 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 •)j 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. Ii 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. 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 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 Page 10 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 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. ■ 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. UI 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. • 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. 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. Page 11 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 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. n 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. 35. ❑� 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 Page 12 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 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. n - - _ . . .- _e. - _ : ' e- e--- _ : ••_ -_e----- : e_ - . . -: : - shall be knowledgeable in their ares of expertise. The County reserves the right to perform. complete the services on a timely basis, and each person assigned shall be available for an -- - -- _ _ - - - - - - --- : - --- -- - ----- - . - - - - • in advance as possible. The Contractor shall make commercially reasonable efforts to notify Page 13 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 VAGI 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. • - . - - .- - . - - -- --- . - - - - •- _ _ R. 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 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 Page 14 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. 44. n SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 15 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 CA 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: r �� BOARD OF COUNTY COMMISSIONERS . COLLIER COUNTY, FLORIDA Cry-SteK:"Kinzei,`Cle of Court& Coni oiler Btit ., / A By: Burt L. Saunders , Chairman Dated:`, (SEA" ). Contractor's Witnesses: Precision Lift Stations, Inc. Contrac or MD ontractor' firstWitness S s nature • 2. a • e h C�5 V£ "i /� ��(�-7�,, TType/print • signat re and titleT TType/print witness na el' Contractor's Second Witness 'Type/print witness name ApprKe as to Fo- and Legality: ou y orne �nnt N-me Page 16 of 33 Multi-Contractor Award Agreement 2017.008 Ver.1 f ./ Exhibit A Scope of Services n following this page (pages 1 through 6 ) this exhibit is not applicable Page 17 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 RFQ# 19-7622 "Annual Agreement for Wastewater Pump Station Repair and Renovation" EXHIBIT A SCOPE OF SERVICES The term"County" and"Department"may be used interchangeably throughout this Agreement. The intent of this award is to qualify multiple contractors to complete various pump station repair and renovation projects in the County. For each project, a work scope will be issued to all qualified contractors to request quotes. All qualified contractors are expected to submit quotes for each project. Repeatedly failing to submit a quote, when requested, may result in the removal of the contractor from the contract pool. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 1. Scope of Work 1.1. The intent of this contract is to qualify a pool of contractors for the repair and renovation of wastewater pump stations. Projects may range from simple mechanical or electrical repairs to complete replacement of the station. Renovation of wet wells at the stations will be typically surface preparation and relining with an approved material. However,there may be exceptions when complete wet well replacement would be part of the scope. When necessary, the Contractor may retain specialized subcontractors to perform portions of the work. 1.2. Collier County is requesting statements of qualifications from contractors capable of furnishing all labor, materials, tools, equipment, and supervision for repair and renovation of pump stations. These will range in size from small neighborhood duplex pump stations up to Community pump stations, typically the last pump stations within a planned unit development which take flow from several upstream pump stations. Amounts for individual assignments will be limited to less than $750,000. 1.3. The intent is that all work will be scheduled in advance, in other words no urgent or emergency work requiring immediate response. Urgent or emergency work will continue to be handled by contractors under existing Contract No. 14-6213, Underground Utility Contracting and its successor contract. 1.4. Work will be in accordance with the latest version of the Collier County Utility Standards Manual available upon request. Plans and specifications will be provided for each project under this Contract. The first several sheets will provide specific information for each assignment. The balance of the plan set will consist of the current standard details for pump stations as a convenience to the Contractor and will be applicable for all assignments. Supplemental specifications will also be issued for each assignment. These will identify any project-specific requirements not covered by the Utility Standards Manual or the drawings. 2. Procedures for Obtaining Work Assignments 2.1. For all projects, the County's Project Manager will follow the procedure outlined below to receive quotes from the selected Contractors. Page 1 of 6 Exhibit A-Scope of Services ��o 2.1.1. A description of work will be provided, including location plan, site survey, demolition plan and a plan of proposed improvements and project duration. Special Conditions, beyond those outlined in the Utility Standards Manual will also be provided as well as a quote schedule. Liquidated damages may be specified. 2.1.2. The County Project Manager will establish the required response time for each project, but in no case will this be less than ten (10)business days. 2.1.3. A non-mandatory pre-quote meeting will be scheduled at least five (5) business days in advance of receipt of quotes. 2.1.4. Contractors will provide a lump sum quote using the quote schedule provided. A sample quote schedule is shown below. Sample Quote Schedule Item Description Unit Amount Item Cost Number 1 Mobilization Lump Sum 1 Inserted by Contractor 2 Establish/Operate Bypass System Lump Sum 1 Inserted by Contractor 3 Demolition and Disposal Lump Sum 1 Inserted by Contractor 4 Wet Well Concrete Repair Lump Sum 1 Inserted by Contractor 5 Piping and Valving Lump Sum 1 Inserted by Contractor 6 Telemetry Antenna Lump Sum 1 Inserted by Contractor 7 Concrete Pads Lump Sum 1 Inserted by Contractor 8 Wet Well Lid and Hatch Lump Sum 1 Inserted by Contractor 10 Electrical and Controls Lump Sum 1 Inserted by Contractor 11 Startup and Testing Lump Sum 1 Inserted by Contractor 12 Record Drawings Lump Sum 1 Inserted by Contractor 13 Allowance for Pumper Trucks Per Truck - Inserted by County 14 Owner-Directed Allowance T&M - Inserted by County Lump Sum TotalTotaled by Contractor Page 2 of 6 Exhibit A-Scope of Services 0 2.1.5. The Project Manager will review all the quotes and may negotiate with the Contractor who submits the lowest quote, if outside of the budget or more than 15 percent higher than the Engineer's Estimate. 2.1.6. All work assignments that exceed $200,000 will require performance and payment bonds. 2.1.7. Projects that exceed$200,000 will require Board approval. 2.1.8. The following Articles of the Agreement shall be applicable for individual projects over $200,000 however, liquidated damages may be imposed for projects under$200,000 at the discretion of the County: 2.1.8.1. Article 22. Bonds 2.1.8.2. Article 23.Liquidated Damages 2.1.8.3. Article 24. Payments 2.1.8.4. Article 34. Completion 2.1.9. Once a contractor is selected for a work assignment, the County's Project Manager will issue a purchase order. 2.1.10. The contractor shall begin work only upon issuance of a purchase order. 3. General Requirements The Contractor shall comply with the following General Requirements and Department-specific requirements, including but not limited to: 3.1. Work Hours.Construction work is allowed Monday through Friday from 7 am to 5 pm,except on County holidays (list of holidays available at www.colliergov.net). Work outside of these hours requires written approval from the County. No sewer bypasses may be initiated on Fridays or the day before a County holiday. Specific projects may have more restrictive work hours due to local conditions. Should this be the case, it will be reflected in the Request for Quotes for that specific project. 3.2. Technical Requirements. Included with solicitation No. #19-7622 is a set of plans and specifications outlining the technical requirements for the projects. This is a compilation of information from the Department's Utility Standard's Manual. All work shall be in accordance with these plans and specifications. If there is a conflict between the Utility Standards Manual and the Contract's plans and specifications,the more stringent requirement shall apply. 3.3. Request for Quotes. The County will issue Request for Quotations for projects it wishes to undertake. Site-specific considerations will be defined in this Request for Quotations. These may include: pump selection, equipment elevations, equipment orientation and spacing, access requirements,fencing,landscaping,etc.Contractors shall submit lump sum quotes broken down Page 3 of 6 Exhibit A-Scope of Services into categories as specified in the quote form accompanying the Request for Quotations. Award will be to the Contractor submitting the low quote. 3.4. Owner-Directed Allowances. An Allowance will be established by the Department on each project to cover contingencies. The basis of payment for allowances will be time and materials. Therefore, Contractors will be requested to submit standard rate sheets for labor and equipment to be used for Allowance work. These rates will remain fixed for the initial term of the Contract. These rates may be subject to escalation during any renewal periods,if approved by the County. 3.5. Site Visits. At least five (5) days prior to quotes being due, the Department and its consulting engineer will conduct a non-mandatory site visit to proposed projects to clarify the design intent and address any Contractor questions. Failure of a Contractor to attend such a site visit shall not excuse it for omitting any items from its quote. 3.6. Subcontractors. The Contractor's scope may include mechanical, electrical, civil, structural and instrumentation work.The Contractor may subcontract portions of the work as appropriate, while retaining full responsibility for all the work. 3.7. Surveying and Record Drawings. To the extent that easements are required to execute the work,these will be acquired by the County prior to issuing a purchase order for specific projects. The County will provide a vertical control elevation near each site for the contractor to use as a datum. The vertical datum used on this Contract will be NAVD 88. Contractor to provide its own surveyor to ensure that all work, including fences, is within the established easements or rights-of-way. At the completion of each project, Contractor shall submit record drawings signed and sealed by a Florida Professional Surveyor licensed in the State of Florida. These shall incorporate any red-line markups done by the Contractor or the County's inspector during the project. 3.8. Permits. The County will secure necessary approvals from FDEP for"Constructing a Domestic Wastewater Collection and Transmission System". The County will also secure Site Development Plan approval from the Growth Management Department, if needed for any site. The Contractor will be responsible for acquiring: building and electrical permits, right-of-way permits, dewatering permits (FDEP and SFWMD) if necessary, and any other permits and approvals customarily the responsibility of contractors. The Department will pay the permit fees for any permits issued by Collier County. The Contractor shall be responsible for payment of all other permit fees and proper closeout of all permits, including those obtained by the County. 3.9. Safety and Security. The Contractor and subcontractors are required to comply with County Ordinance 2004-52, as amended. At all times, Contractor and subcontractors must wear the assigned Contractor badge while conducting work on County property. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. Contractor may be asked to submit a Safety Plan for specific assignments. Contractor shall be responsible for securing work sites outside of work hours. 3.10. Arc Flash Study. If there are changes to the electrical power circuits that would change the arc flash potential at any pump station, Contractor shall perform an arc flash study to determine the appropriate level of personal protective equipment for that pump station. Based upon the Page 4 of 6 Exhibit A-Scope of Services S results of the study, the labels will be prepared by the County and furnished to the Contractor to affix to the electrical equipment. 3.11. Maintenance of Traffic (MOT). Contractor shall be responsible for submitting a maintenance of traffic plan to obtain Right-of-Way Permits. There may be situations where a right-of-way permit is not required(e.g.within a gated community)however, Contractor shall still be responsible for submitting and implementing a MOT plan. 3.12. Utility Parts. The County intends to direct-purchase as much of the equipment and materials as practical for the projects covered by this Contract. Ferguson is the current supplier for utility parts. Xylem is the current supplier for submersible wastewater pumps and accessories, including pump controls. Contractor shall coordinate closely with the County's equipment suppliers, including picking up equipment from local warehouses, as necessary. The division of responsibilities for supplying equipment for each project will be clearly defined in each Request for Quotation. Contractor shall deliver used pumps and control panels removed from existing pump stations to a County facility to be identified. 3.13. Defective Work. Any work not meeting the project's plans and specifications, in the sole opinion of the Department, will be brought to Contractor's attention. The Contractor shall remedy the problem within seven(7)business days by repair,replacement or new installation to the satisfaction of the Department at no additional cost. 3.14. Sanitary Sewer Overflows Prohibited. Contractor shall exercise extreme care to prevent sanitary sewer overflows (SSOs). If an SSO occurs due to the actions or inactions of the Contractor, the Contractor shall be responsible for all associated fines and penalties. The County will have the right to respond to a Contractor causing an SSO by limiting its work under this Contract to low risk assignments or, if circumstances warrant, to remove the Contractor from this Contract. The following paragraphs discuss methods to be used in this Contract to prevent SSOs. 3.15. Coordination with Wastewater Collections. Coordination with the Wastewater Collections staff is of utmost importance under this Contract. If the work on any project involves shutting down a pump station, initiating a bypass, or any other event that could compromise the reliability of the sewer collection system, then Contractor shall initiate a contingency meeting with the Wastewater Collections Section no less than 48 hours prior to the event. At the contingency meeting, Contractor shall present his plan for the work. The plan shall identify any potential risks of sanitary sewer overflows and how these risks will be mitigated. A table outlining necessary notifications of Wastewater Collections by Contractor prior to initiating certain operations will be provided to Contractor. A preliminary version is shown below. PUMP STATION PROJECTS--KEY EVENTS FOR NOTIFICATIONS Event Whom to Notify Minimum Notice Requirement Contingency meeting prior to TBD 48 hours in advance of working on PS meeting Page 5 of 6 Exhibit A-Scope of Services Isolate pumping station to initiate TBD 24 hours in advance of event. bypass Disconnect electrical power to PS TBD Between 8 and 9 a.m. on day of event Restore electrical power to PS TBD (FPL) Pump Station Start Up/Testing TBD 48 hours in advance of event Completion of 5-day test and TBD Upon expiration of 5 day authorization to remove by pass period pumps Delivery of used control panels TBD 48 hours and pumps Emergency Requiring Wastewater Call Emergency Number Immediately upon learning of Collections Equipment or 239.252.2600 the emergency. Resources 3.16. Coordination with Other Utilities. In developing each Request for Quotations, the Department and the Engineer of Record will use best efforts to identify other utilities. Contractor shall call for Utility Locates(Sunshine State One Call—811)no less than 48-hours prior to any excavations. The County will arrange with FPL to adjust FPL equipment, if needed,in advance of projects. The Contractor shall coordinate directly with FPL for purposes of temporary disconnect and reconnect of electrical service to pump stations. 3.17. Bypass Pumping. Certain projects will require bypass pumping to allow work on the pump station. Contractor shall be responsible for submitting a written bypass plan for each such project.These will be discussed at the earlier-mentioned contingency meetings, and subject to the approval of the Department. Redundant bypass pumps will be required. If adjacent manholes are to be used as temporary wet wells during the bypass,they shall be equipped with floats and a dial-up system monitored by the Contractor 24/7/365. Contractor shall be able to respond to an alarm by having a representative on site within 30 minutes of alarm initiation (this may be a representative of the bypass pump supplier). Each bypass shall operate satisfactorily for at least 48 hours before turning off the associated pump station. Similarly, once a pump station is returned to operation, the bypass shall remain in standby status for at least 48 hours prior to disconnecting the bypass. As long as a bypass is operating, the Contractor shall be responsible for the monitoring, control and operation of that pump station. 3.18. Pumper Trucks. It may be necessary or desirable to have pumper trucks available during certain operations. A bid item, with a per truck price will be established by the County for pumper trucks on each assignment where they may be needed. Page 6 of 6 Exhibit A-Scope of Services c,+ Exhibit B Fee Schedule 0 following this page (pages 1 through ) n this exhibit is not applicable Page 18 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 Central Florida Office South West Florida Office �.. t 411 Wylly Avenue 9076 Alfred Blvd Li I'r S iA[ .O°N.a . Sanford, FL 32773 Punta Gorda, FL 33982 Phone: 407-936-1139 Phone: 239-229-9045 BILLED TO: P.O.#: INVOICE#: REPAIR DATE: INVOICE DATE: TIME CALL RECEIVED: WORK ORDER#: DATE COMPLETED: DESCRIPTION OF WORK PERFORMED: LABOR NUMBER HRS./MAN UNIT PRICE TOTAL EQUIPMENT DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL DESCRIPTION OF MEN SUPERINTENDENT $ 90.00 $ - 50,000 LB EXCAVATOR HR $ 150.00 $ - FOREMAN $ 65.00 $ - 12,000 LB EXCAVATOR HR $ 120.00 $ - CERTIFIED FUSION TECH $ 60.00 $ - 6,000 LB EXCAVATOR HR $ 90.00 $ - LABORER $ 50.00 $ - 20,000 LB LOADER HR $ 120.00 $ - MECHANIC $ 60.00 $ - RUBBER TIRE BACKHOE HR $ 100.00 $ - BACKHOE OPERATOR $ 65.00 $ - DUMP TRAILER,7 YARD HR $ 90.00 $ - LABOR SUBTOTAL: $ - DUMP TRAILER,5 YARD HR $ 85.00 $ - MATERIALS INCLUDING 15% MARK UP MATERIALS QUANTITY UNIT UNIT PRICE TOTAL 2 1/2 TON FLATBED HR $ 50.00 $ - $0.00 DRW TRUCK HR $ 70.00 $ - $0.00 6,000 LB CRANE TRUCK HR $ 125.00 $ - $0.00 12,000 LB CRANE TRUCK HR $ 150.00 $ - $0.00 $0.00 3"PUMP HR $ 40.00 $ - SubTotal $0.00 4"SEWER BYPASS PUMP w/TELEMETRY HR $ 105.00 $ - 15% 6"SEWER BYPASS PUMP wl TELEMETRY HR $ 120.00 $ - Tax - $ - ITOTAL: $0.00 WELL POINT SYSTEM DY $ 850.00 $ - EQUIPMENT SUBTOTAL: $ - SUBCONTRACTORS INCLUDING 10%MARK UP SUBCONTRACTORS QUANTITY UNIT UNIT PRICE TOTAL ' $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SubTotal $0.00 10% $0.00 Tax $0.00 TOTAL: $0.00 Cr O Exhibit C-1 this exhibit is not applicable PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) 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 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 by means of ❑ physical presence or ❑ online notarization, 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 Public-State of Florida) 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 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 by means of D physical presence or ❑ online notarization, 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 Public-State of Florida) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 21 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 n 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 by means of ❑ physical presence or ❑ online notarization, 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 Public-State of Florida) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 23 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 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 by means of ❑ physical presence or ❑ online notarization, 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 Public-State of Florida) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 24 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 n this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF ( 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 by means of ❑ physical presence or ❑ online notarization, 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 Public-State of Florida) NAME: (Legibly Printed) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.: Page 25 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 n this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or 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 @ 10% 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 ,0 ❑ this exhibit is not applicable EXHIBIT F CHANGE ORDER ❑ Contract Modification ❑Work Order Modification Contract#: Change#: Purchase Order#: 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 ❑ 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 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 CAU n 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 Cay) 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 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.1 4' Other Exhibit/Attachment Description: Federal Contract Provisions and Assurances n following this page (pages 1 through 9 ) ❑ this exhibit is not applicable Page 33 of 33 Multi-Award Agreement 2017.006 Ver.l 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 Applicant's 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 OHS seal(s), logos, crests, or reproductions of flags or likenesses of OHS 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 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, haps://www.epa.govismm/comprehensive-procurement-quideline-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 C 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. Ill. 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 A 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 CA° 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 0 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 ' at6fs'> a 1%1 r' I dr,''� r y +.",�.. Date ,t,, Authorized Signature f0`G� e l.. "t ~ M EXHIBIT I-6 EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY. and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-recipient's subcontractor is unable to certify to the above statement,the prospective contract shall attach an explanation to this form. CONTRACTOR__ 1^ By: (2C..'d.-. 6 Sign ture Name and Title I Street Address _ Le, W 2C.7 1 "" 3 7.0375- c ity, 75City, State, Zip • • DUNS Number /0/o/ Date Sub-Recipient Name: Collier County Board of County Commissioners DEM Contract Number: Z0001 FEMA Project Number: 4337DRFLP0000001 EXHIBIT I -7 C t,0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES _____^__ COLLIER COUNTY ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT status will be verified.Unveri atie statuses vrill require the PRIME to either prcivde a revised statement or provide source documentation that validates a status V > qpr_t• ,{p}.li F 41 moQWCoAtt, iniitkrOr Y Vir„„r1w'P L'it .. _,hr,.: „ . i. , aeiE jj PRIME NAME PRIME PEI°NUMBER CONTRACT DOLLAR AMOUNT IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, VETERAN y N IS THE ACTIVITY OF THIS CONTRACT_ MINORITY OR WOMEN BUSINESS e?ffeRPRISE? OBE? Y CONSTRUCTION? N (DBE/WE/WV)OR HAVE AAv1ALLDISADYANTARED "5E7v CONSULTATION? Y N BUSINESS SA CERTIFICATION f ROM THE SMALL BUSINESS ADMINISTRATION? A SERVICE DISABLED VETERAN? WISE? V t CTTHER. Y N SOB 8A? Y IS THIS SUBMIS ION A REVISION?SGB S N IF YES REVISION NUMBER i+ ave a3v",t,. .re .wit, raraw n., rxiar Rf.oel v ?l,L?W{Y .a rfRa a•GX Iti +1frtf rra,xa� sa ri mfu�nrill'AtiAkb crcr�, 1+�fitMFf ASS ' A-, RAr{Ta'f5 -SeUr�('V ,. ka�1 � do a Vi T C S A 'LI, {"y�MI p VIT t4,• f 4,M, n.i3 "'Q'Ci "'-7sg•"!l�j Daus ess'idJ(� ` SER. ce o>}sa` a '�`�{ar ;Y� I[{� 'slioiEQErift sxF �s 4404i.P.4J aa.:�Yi:4,!: Aitat,Vl�2iV ,I .l k,pfi_?TD,?E.�i 5.1,?- Rrieg.er,,.4r+F3V,;:iti°.. �a?RdtS4 5',..}. tC'lt O 'U { DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORN OR ETNNICTY CODE SUB/SUPPLIER PERCENT OF CONTRACT • VETERAN NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS a • [ TOTALS E : J # !lY, LY YC S7 hYr�� t' 171 YM�Nt��jY CP(y Y Y t.A 4 Y litri ieM1),y, �[ r "W .R, I fj. ru{�'1�C5?.E Ojk, Qyys \�KL l-4 l 1E uEN}ol'i�OR1T eTaOt � eu�1 14 617. :x t 4,, .`tolt�\!1.:. .Cy 4a..4i.>, F l+Y .l.Y4a+Ye Y . ., ENx. i.M..,3 . i..1 .. NAME OF SUBMITTER DATE TITLE OF SUBMITTER 1 7-:7267,".5 f/ 41Cu7. , — 2 —002,0 r l�~ .v. l IM I EMAIL ADDRESS OF PRE[SUBMITTER) tetePIIONE NUMBER FAX NUMBER / d`-,etc'1.7E�A L) ,c=air-civ..coiv f54, -e;,..5,...,/1. 1 ID!..O't3(,, t4,gc i NOTE:This information to used to track and report anticipated DBE or MBE participation in federaliyfunded contracts.The anticipated DBE or MBE amount is voluntary and wall not became part of the contractual terms.This form must be submitted at time of response to a t solicitation. if and when awarded a County contract,the prime will be asked to update the information for the grant compiertce files, ( r 4 . , ..,.:r . .. ,,madiepiparc a : PA f•.. j . fHispanic American HA f....1.;..-!:. .• t,_,tiAl r ytEANjljftip NA:,.., •F Subcont Asian American SAA vt . Asra WattficiAme fcan ?. .'.!'AP4 " . i" 1 Non-RE lOrity Women NP.W { i 011• ntsrf oanyoHserpnayiiOterl �O . ,,,Yf 1yxi�r ' I�?!� . ny654}yn T� r " ii . Ffi �ax� r + + ftrc r P ` s� k ( �p �� It 'P " A �t«:9• . I " DEPARTMENT NAME COWER CONTRACT RIfRFP or PORED) GRANT PROGRAM/CONTRACT I II DATE 'ACCEPTED BY: EXHII3ITI-8 • ID 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. Ap eci 6,0.-7 L . f /41-for?S .1-7", .— Contract (Firm Name) C---,,, f---7 ‘..., , , Sig ture of Contract 's Athorized Official -t;?/--) / (.14. er27;'. ilt ?-"e5/ZW/ti Name and Title of Ccitractor's Authorized Official 1D, )/1i% Date EXHIBIT I-9 I • ARD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 3/19/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificate Department Sihle Insurance Group, Inc. PHONE FAX 1021 Douglas Ave. A//No.Ext);407-869-5490 (A/c.No):407-389-3580 Altamonte Springs FL 32714 ADDRESS: Certificates@sihle.Com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Lloyds of London 15792 INSURED FJNUGEN-01 INSURER B:The Cincinnati Indemnity Company 23280 Precision Lift Stations, Inc. 411 Wylly Avenue INSURER C:Bridgefield Employers Ins.Co. 10701 Sanford FL 32773-5201 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2046204720 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 TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) B X COMMERCIAL GENERAL LIABILITY Y ENP 0516685 2/3/2020 2/3/2021 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $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 POLICY X ECT X LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y EBA 0516685 2/3/2020 2/3/2021 COMBINED SINGLE LIMIT $1,000,000 (Ea accidentl X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ B X UMBRELLA LIAB X OCCUR ENP 0516685 2/3/2020 2/3/2021 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION$ $ C WORKERS COMPENSATION 83048612 8/1/2019 8/1/2020 X AND EMPLOYERS'LIABILITY STATUTE ER Y ANYPROPRIETOR/PARTNER/EXECUTIVE /N N/A E.L.EACH ACCIDENT $500,000 OFFICER/MEMBEREXCLUDED? (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 A Contractor's Pollution Liability SPEC0492 3/18/2020 3/18/2021 Aggregate Limit 1,000,000 B Contractors Equipment ENP 0516685 2/3/2020 2/3/2021 Leased/Rented Equip 85,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:For any and all work performed on behalf of Collier County Collier County Board of County Commissioners,OR Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County are included as additional insured with respects to General Liability and Auto Liability on a primary and non-contributory basis if and to the extent required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E Naples FL 34112 AUTHORIZED REPRESENTATIVE United States ,60 �v'ae."""_` I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus® BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation This provision is limited to the scope of the valid written contract. SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of This provision does not apply unless the valid Rights of Recovery Against Others to Us is written contract has been: amended by the addition of the following: 1. Executed prior to the accident causing We waive any right of recovery we may have "bodily injury" or"property damage"; and against any person or organization because of payments we make for "bodily injury" or Z. Is still in force at the time of the "accident" "property damage" arising out of the operation causing "bodily injury" or "property dam- of a covered "auto" when you have assumed age". liability for such "bodily injury" or "property D. Employee Hired Auto damage" under an "insured contract", provid- ed the "bodily injury" or "property damage" oc- 1. Changes in Liability Coverage curs subsequent to the execution or the "in- sured contract". The following is added to the Section II - Liability Coverage, A. Coverage, 1. B. Noncontributory Insurance Who is an Insured: SECTION IV - BUSINESS AUTO CONDI- An "employee" of yours is an "insured" TIONS, B. General Conditions, 5. Other In- while operating an "auto" hired or rented surance c. is replaced by the following: under a contract or agreement in that "employee's" name, with your permission, c. Regardless of the provisions of Par- while performing duties related to the agraph a. above, this Coverage conduct of your business. Form's Liability Coverage is primary and we will not seek contribution 2. Changes in General Conditions from any other insurance for any lia- bility assumed under an "insured SECTION IV - BUSINESS AUTO CON- contract" that requires liability to be DITIONS, B. General Conditions, 5. assumed on a primary noncontributo Other Insurance is amended by replac- ry basis. ing Paragraph 5.b. with the following: C. Additional Insured by Contract b. For Hired Auto Physical Damage Coverage the following are deemed SECTION II - LIABILITY COVERAGE, A. to be covered "autos"you own: Coverage, I. Who is an Insured is amended to include as an insured any person or organi (1) Any covered "auto" you lease, zation with which you have agreed in a valid hire, rent or borrow; and written contract to provide insurance as is af- (2) Any covered "auto" hired or forded by this policy. rented by your "employee" under a contract in that individual "em- Includes copyrighted material of ISO AA 288 FL 07 18 Properties, Inc., with its permission. Page 1 of 4 ployee's" name, with your per- 2. Any organization that is newly acquired or mission, while performing duties formed by you and over which you main- related to the conduct of your tain majority ownership. The insurance business. provided by this provision: However, any "auto" that is leased, hired, rented or borrowed with a driver a. Is effective on the date of acquisition is not a covered "auto". or formation, and is afforded for 180 days after such date; E. Audio, Visual and Data Electronic Equip- ment b. Does not apply to "bodily injury" or "property damage" resulting from an SECTION III - PHYSICAL DAMAGE COV- "accident" that occurred before you ERAGE, C. Limit of Insurance is amended acquired or formed the organization; by adding the following: c. Does not apply to any newly acquired 4. The most we will pay for all "loss" to au- or formed organization that is a joint dio, visual or data electronic equipment venture or partnership; and and any accessories used with this equipment as a result of any one "acci- Does not apply to an insured under dent" is the lesser of: any other automobile liability policy, or would be an insured under such a a. The actual cash value of the dam- policy but for the termination of such aged or stolen property as of the time policy or the exhaustion of such poli- of the "accident'; cy's limits of insurance. b. The cost of repairing or replacing the 3. Any of your "employees" while using a damaged or stolen property with oth- covered "auto" in your business or your er property of like kind and quality; or personal affairs, provided you do not own, hire or borrow that "auto". c. $2,500. at the time of the G. Liability Coverage Extensions - Supple- Provided the equipment, mentary Payments - Higher Limits "loss" is: SECTION II - LIABILITY COVERAGE, A. a. Permanently installed in or upon the Coverage, 2. Coverage Extensions, a. Sup- covered "auto" in a housing, opening plementary Payments is amended by: or other location that is not normally used by the "auto" manufacturer for 1. Replacing the S2,000 Limit of Insurance the installation of such equipment; for bail bonds with $4,000 in (2); and b. Removable from a permanently in- 2. Replacing the $250 Limit of Insurance for stalled housing unit as described in reasonable expenses with $500 in (4). Paragraph 2.a. above; or H. Hired Auto- Physical Damage c. An integral part of such equipment. If hired "autos" are covered "autos" for Liability F. Who is an Insured - Amended Coverage, then Comprehensive and Collision Physical Damage Coverages as provided un- SECTION II - LIABILITY COVERAGE, A. der SECTION III - PHYSICAL DAMAGE Coverage, 1. Who is an Insured is amended COVERAGE of this Coverage Part are ex- by adding the following: tended to "autos" you hire, subject to the fol- The following are "insureds": lowing: 1. Any subsidiary which is a legally incorpo- 1. The most we will pay for "loss" to any rated entity of which you own a financial hired "auto" is $50,000 or the actual cash interest of more than 50% of the voting value or cost to repair or replace, which- stock on the effective date of this cover- age form. 2. The deductible will be equal to the largest However, the insurance afforded by this deductible applicable to any owned "auto" provision does not apply to any subsidiary for that coverage, or$1,000, whichever is that is an "insured" under any other au- less. tomobile liability policy, or would be an 3. Hired Auto - Physical Damage coverage "insured" under such policy but for termi- is excess over any other collectible insur- nation of such policy or the exhaustion of ance. such policy's limits of insurance. Includes copyrighted material of ISO AA 288 FL 07 18 Properties, Inc., with its permission. Page 2 of 4 4. Subject to the above limit, deductible,and J. Transportation Expense- Higher Limits excess provisions we will provide cover SECTION III - PHYSICAL DAMAGE COV- age equal to the broadest coverage appli- cable to any covered "auto" you own in- ERAGE, A. Coverage, 4. Coverage Exten- sured under this policy. sions is amended by replacing $20 per day with $50 per day, and $600 maximum with Coverage includes loss of use of that hired au- $1,500 maximum in Extension a. Transpor- to, provided it results from an "accident" for tation Expenses. which you are legally liable and as a result of which a monetary loss is sustained by the K. Airbag Coverage leasing or rental concern. The most we will SECTION III - PHYSICAL DAMAGE COV- pay for any one "accident" is$3,000. ERAGE, B. Exclusions, 3.a. is amended by If a limit for Hired Auto - Physical Damage is adding the following: shown in the Schedule, then that limit replac- However, the mechanical and electrical es, and is not added to, the $50,000 limit indi- breakdown portion of this exclusion does not cated above. apply to the accidental discharge of an airbag. I. Rental Reimbursement This coverage for airbags is excess over any other collectible insurance or warranty. SECTION III - PHYSICAL DAMAGE is amended by adding the following: L. Loan or Lease Gap Coverage 1. We will pay for rental reimbursement ex- 1. SECTION III - PHYSICAL DAMAGE penses incurred by you for the rental of COVERAGE, C. Limit of Insurance is an "auto" because of a "loss"to a covered deleted in its entirety and replaced by the "auto". Payment applies in addition to the following, but only for private passenger otherwise applicable amount of each cov- type "autos" with an original loan or lease, erage you have on a covered "auto". No and only in the event of a "total loss" to deductible applies to this coverage. such a private passenger type "auto": 2. We will pay only for those expenses in- a. The most we will pay for "loss" in any curred during the policy period beginning one "accident" is the greater of: 24 hours after the "loss" and ending, re- (1) The amount due under the terms gardless of the policy's expiration, with of the lease or loan to which the lesser of the following number of your covered private passenger days: type "auto" is subject, but will not a. The number of days reasonably re- include: quired to repair the covered "auto". If (a) Overdue lease or loan pay- "loss" is caused by theft,this number ments; of days is added to the number of days it takes to locate the covered (b) Financial penalties imposed "auto" and return it to you; or under the lease due to high b. 30 days. mileage, excessive use or Y abnormal wear and tear; 3. Our payment is limited to the lesser of the (c) Security deposits not re- following amounts: funded by the lessor; a. Necessary and actual expenses in- (d) Costs for extended warran- curred; or ties, Credit Life Insurance, b. $50 per day. Health, Accident or Disabil- ity Insurance purchased 4. This coverage does not apply while there with the loan or lease; and are spare or reserve "autos" available to you for your operations. (e) Carry-over balances from previous loans or leases, or 5. We will pay under this coverage only that amount of your rental reimbursement ex- (2) Actual cash value of the stolen penses which is not already provided for or damaged property. under SECTION III - PHYSICAL DAM- b. An adjustment for depreciation and AGE COVERAGE, A. Coverage, 4. physical condition will be made in de- Coverage Extensions. termining actual cash value at the time of"loss". Includes copyrighted material of ISO AA 288 FL 07 18 Properties, Inc., with its permission. Page 3 of 4 2. SECTION V - DEFINITIONS is amended However, if you unintentionally fail to disclose by adding the following, but only for the any hazards existing on the effective date of purposes of this Loan or Lease Gap this Coverage Form, we will not deny cover- Coverage: age under this Coverage Form because of such failure. "Total loss" means a "loss" in which the cost of repairs plus the salvage value ex- O. Mental Anguish Resulting from Bodily Inju- ceeds the actual cash value. ry M. Duties in the Event of an Accident, Claim, SECTION V - DEFINITIONS, C. "Bodily inju- Suit or Loss- Amended ry" is deleted in its entirety and replaced by the following: SECTION IV - BUSINESS AUTO CONDI- TIONS,A. Loss Conditions, 2. Duties in the "Bodily injury" means bodily injury, sickness or Event of Accident, Claim, Suit or Loss, a. is disease sustained by a person, including men- amended by adding the following: tal anguish and death sustained by the same person that results from such bodily injury, This condition applies only when the "acci- sickness or disease. "Bodily injury" does not dent"or "loss" is known to: include mental anguish or death that does not 1. You, if you are an individual; result from bodily injury, sickness or disease. 2. A partner, if you are a partnership; P. Coverage for Certain Operations in Con- nection with Railroads 3. An executive officer or insurance manag- er, if you are a corporation; or With respect to the use of a covered "auto" in operations for or affecting a railroad: 4. A member or manager, if you are a lim- ited liability company. 1. Section V- Definitions, H. "Insured con- tract", 1.c. is amended to read: N. Unintentional Failure to Disclose Hazards c. An easement or license agreement; SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 2. Conceal- 2. Section V Definitions, H. "Insured con ment, Misrepresentation or Fraud Is tract", 2.a. is deleted. amended by adding the following: Includes copyrighted material of ISO AA 288 FL 07 18 Properties, Inc., with its permission. Page 4 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or cluded in the "products-completed Contractors - Automatic Status For Other operations hazard", but only if: Parties When Required In Written Contract Or Agreement With You (1) The Coverage Part to which this endorsement is attached pro- 1. Section II - Who Is An Insured is vides coverage for "bodily injury" amended to include as an additional in- or "property damage" included sured any person or organization you within the "products-completed have agreed in writing in a contract or operations hazard"; and agreement to add as an additional in- sured on this Coverage Part. Such per (2) The written contract or written son(s) or organization(s) is an additional agreement requires you to pro- insured only with respect to liability for: vide additional insured coverage included within the "products- a. "Bodily injury", "property damage" or completed operations hazard" "personal and advertising injury" for that person or organization. caused, in whole or in part, by the performance of your ongoing opera If the written contract or written tions by you or on your behalf, under agreement requires you to provide that written contract or written additional insured coverage included agreement. Ongoing operations does within the "products-completed oper- not apply to "bodily injury" or"proper- of hazard" for a specified length ty damage"occurring after: of time for that person or organiza- tion, the "bodily injury" or "property (1) All work, including materials, damage" must occur prior to the ex- parts or equipment furnished in piration of that period of time in order connection with such work, on for this insurance to apply. the project (other than service, maintenance or repairs) to be If the written contract or written performed by or on behalf of the agreement requires you to provide additional insured(s) at the loca additional insured coverage for a tion of the covered operations person or organization per only ISO has been completed; or additional insured endorsement form number CG 20 10, without specifying (2) That portion of"your work"out of an edition date, and without specifi- which the injury or damage aris- cally requiring additional insured es has been put to its intended coverage included within the "prod- use by any person or organiza- ucts-completed operations hazard", tion other than another contrac- this Paragraph b. does not apply to tor or subcontractor engaged in that person or organization. performing operations for a prin- cipal as a part of the same pro- 2. If the written contract or written agree- ject; and ment described in Paragraph 1. above specifically requires you to provide addi- b. "Bodily injury" or "property damage" tional insured coverage to that person or caused, in whole or in part, by "your organization: work" performed under that written contract or written agreement and in a. Arising out of your ongoing opera tions or arising out of"your work"; or Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- 2. With respect to the insurance afforded to tional insured endorsement that in- the additional insureds described in Para- cludes arising out of your ongoing graph B.1., the following additional exclu- operations or arising out of your sions apply: work"; This insurance does not apply to: then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para- a. "Bodily injury", "property damage" or graph A.1.b. above, whichever applies, is "personal and advertising injury" aris- replaced by the phrase arising out of. ing out of operations performed for the federal government, state or mu- 3. With respect to the insurance afforded to nicipality; or the additional insureds described in Para- graph A.1., the following additional exclu- b. "Bodily injury" or "property damage" sion applies: included within the "products- completed operations hazard." This insurance does not apply to "bodily injury", "property damage" or "personal C. The insurance afforded to additional insureds and advertising injury" arising out of the described in Paragraphs A. and B.: rendering of, or the failure to render, any 1. Only applies to the extent permitted by professional architectural, engineering or law; and surveying services, including: 2. Will not be broader than that which you a. The preparing, approving or failing to are required by the written contract, writ- prepare or approve, maps, shop ten agreement, written permit or written drawings, opinions, reports, surveys, authorization to provide for such addition- field orders, change orders or draw- al insured; and ings and specifications; or 3. Does not apply to any person, organiza- b. Supervisory, inspection, architectural tion, state, governmental agency or sub- or engineering activities. division or political subdivision specifically This exclusion applies even if the claims named as an additional insured for the against any insured allege negligence or same project in the schedule of an en other wrongdoing in the supervision, hir- added to this Coverage Part. ing, employment, training or monitoring of D. With respect to the insurance afforded to the others by that insured, if the "occurrence" additional insureds described in Paragraphs which caused the "bodily injury" or "prop- A. and B., the following is added to Section III erty damage", or the offense which -Limits Of Insurance: caused the "personal and advertising inju- ry", involved the rendering of, or the fail- The most we will pay on behalf of the addi- ure to render, any professional architec- tional insured is the amount of insurance: tura!, engineering or surveying services. 1. Required by the written contract, written 4. This Paragraph A. does not apply to addi- agreement, written permit or written au- tional insureds described in Paragraph B. thorization described in Paragraphs A. and B.: or B. Additional Insured -State Or Governmental Agency Or Subdivision Or Political Subdi- 2. Available under the applicable Limits of vision - Automatic Status When Required Insurance shown in the Declarations; In Written Permits Or Authorizations whichever is less. 1. Section II - Who Is An Insured is amended to include as an additional in This endorsement shall not increase the appli- cable any state or governmental agency cable Limits of Insurance shown in the Decla or subdivision or political subdivision you rations. have agreed in writing in a contract, E. Section IV - Commercial General Liability agreement, permit or authorization to add Conditions is amended to add the following: as an additional insured on this Coverage Part. Such state or governmental agency Automatic Additional Insured Provision or subdivision or political subdivision is an additional insured only with respect to op- This insurance applies only if the "bodily inju- erations performed by you or on your be- ry or "property damage" occurs, or the "per half for which the state or governmental sonal and advertising injury" offense is com- agency or subdivision or political subdivi- miffed: sion issued, in writing, a contract, agree- 1. During the policy period: and ment, permit or authorization. Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 2 of 3 2. Subsequent to your execution of the writ- As used in this endorsement, wrap-up insur- ten contract or written agreement, or the ance means any insurance provided by a con- issuance of a written permit or written au- solidated (wrap-up) insurance program. thorization, described in Paragraphs A. and B. Primary And Noncontributory Insurance When Required By Written Contract, F. Except when G. below applies,the following is Agreement, Permit Or Authorization added to Section IV - Commercial General Liability Conditions, 5. Other Insurance, Except when wrap-up insurance applies to the and supersedes any rovision to the contrary: claim or "suit" on behalf of the additional in- sured, this insurance is primary to and will not When Other Additional Insured Coverage seek contribution from any other insurance Applies On An Excess Basis available to the additional insured described in Paragraphs A. and B. provided that: This insurance is primary to other insurance available to the additional insured described in 1. The additional insured is a Named In- Paragraphs A. and B. except: sured under such other insurance; and 1. As otherwise provided in Section IV - 2. You have agreed in writing in a contract, Commercial General Liability Condi- agreement, permit or authorization de- tions, 5. Other Insurance, b. Excess In- scribed in Paragraph A. or B. that this in- surance; or surance would be primary and would not 2. For any other valid and collectible insur- seek contribution from any other insur- ance available to the additional insured. ance available to the additional insured as an additional insured by attachment of an As used in this endorsement, wrap-up insur- endorse ment to another insurance policy ance means any insurance provided by a con- that is written on an excess basis. In such solidated (wrap-up) insurance program. case, this insurance is also excess. H. Section IV - Commercial General Liability G. The following is added to Section IV - Corn- Conditions, 9. Transfer Of Rights Of Re- mercial General Liability Conditions, 5. covery Against Others To Us is amended by Other Insurance, and supersedes any provi- the addition of the following: sion to the contrary: We waive any right of recovery we may have Primary Insurance When Required By Writ- against any additional insured under this en- ten Contract, Agreement, Permit Or Au- dorsement against whom you have agreed to thorization waive such right of recovery in a written con- tract, written agreement, written permit or writ- Except when wrap-up insurance applies to the ten authorization because of payments we claim or "suit" on behalf of the additional in- make for injury or damage arising out of your sured, this insurance is primary to any other ongoing operations or "your work" done under insurance available to the additional insured a written contract, written agreement, written described in Paragraphs A. and B. provided permit or written authorization. However, our that: rights may only be waived prior to the "occur- 1. The additional insured is a Named In- rence" giving rise to the injury or damage for sured under such other insurance; and which we make payment under this Coverage Part. The insured must do nothing after a loss 2. You have agreed in writing in a contract, to impair our rights. At our request,the insured agreement, permit or authorization de- will bring "suit" or transfer those rights to us scribed in Paragraph A. or B.that this in- and help us enforce those rights. surance would be primary to any other in- surance available to the additional in- sured. Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 3 of 3