#19-7624 (Kelly Brothers, Inc.) MULTI-CONTRACTOR AWARD AGREEMENT
# 19-7624
for
Marine Contractor Servicesrce
THIS AGREEMENT, made and entered into on this la - day of 206, by and
between Kelly Brothers, Inc.
authorized to do business in the State of Florida, whose business address is
15775 Pine Ridge Rd. Fort Myers, Florida 33908 , (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 or on , and terminating three
(3 ) year(s) from that date or until all outstanding ❑ Purchase Order(s) ❑ 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 nPurchase Order *Notice to Proceed.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms
and conditions of n Request for Proposal (RFP) I I Invitation to Bid (ITB) ■I
Other: Invitation for Qualification (IFQ ) # 19-7624
including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to
herein and made an integral part of this Agreement. ■ The Contractor shall also provide services
in accordance with Exhibit A — Scope of Services attached hereto.
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.
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Multi-Contractor Award Agreement 2017.006 Ver.1
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 ■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope
of Services attached hereto.
The procedure for obtaining W: . : -•
: -----. _. Other
•
3.4 INS 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.
01 The County shall pay the Contractor for the performance of this Agreement based on Work
performed pursuant to the quoted price offered by the Contractor in response to a specific Request
for Quotations and pursuant to the Price Methodology in Section 4.1. I treeter ed
pf+ces shall be based on-Ex-f bit B Fee-ssliedu e- Payment will be made upon receipt of a proper
invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and
in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt
Payment Act".
I I Trc County shall pay the Contractor for the performance o - ' : ---- • - - - -
maximum amount of ($ ),
. .{ .. -: _ A. :- . - -. _. .. - e-t-- . .. _ : - _ - epi--tithe
Contra_ . - - --- - : . - • - - : e.: •_ : -- ■ • - ... .. . •--:
in Section 4.1. I Ge eter' - -: -_ : ' _. _ _ •ib#,—ee--S-Ghedu-Ie
Paymeht—wd-l—he—haecle upon receipt of a prop- • - - - - • 0: - :proval by the County's
_ ,i ..,__ , -- - - - - -
4.1 Price Methodology (as selected below):
!•I 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.
I I Time and-Materia _: -- _- • : -- : e._ -- -e : -- •_.-
: _• . . -- _ e - .nd subcontractors to pefform the work (number of hours
ost of materials plus the
accurately estimate th- • - - -- - - - , - -, ' • - - -- -_ ' . .' --- ,
would most likely change. As a g--- . -- -- - -- - - -- -- -
de erttati: _ : ; • . _ - : . . •- -: . .. _ : . -: -: . -
- _ _ :„:. . . _ : _ _ : •-- - _ _ _ .. • :11 records), material or
. _ , , . _ - _. . : c documcatatioh for the project.
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Multi-Contractor Award Agreement 2017.006 Ver.1
0
labor, materials, -: - --- , _ . - --_ , . _ . -- • - -- - - - .'- -
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:
Mil ago $9744:-5-perm+le
Breakfast $6-00
Lunch $4-1.00
Dinner $19.
Airfare • --• -- - - • : - -
Rental car Actual rental cost limited to compact or standard size vehicles
g Actual cost of lodging at single occupancy rate with a cap of no
more than $150.00 per night
Parking Actual cost of parking
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: Kelly Brothers, Inc.
Address: 15775 Pine Ridge Rd.
Fort Myers, Florida 33908
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Multi-Contractor Award Agreement 2017.006 Ver.1
CAO
Authorized Agent: Dane Kelly, President
Attention Name & Title:
Telephone: (239) 482-7300
E-Mail(s): estimating@kellybros.net
All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to
the County to:
Board of County Commissioners for Collier County, Florida
Division Director: Damon Grant/ Barry Williams
Division Name: Facilities Management/ Parks and Recreations Division
Address: 3335 E. Tamiami Trail, Naples, FL 34112 (Facilities)
15000 Livingston Road, Naples, FL 34119 (Parks & Rec)
Administrative Agent/PM: Bryan Vehovic, Project Manager
Telephone: (239) 252-2627
E-Mail(s): Bryan.Vehovic@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
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Multi-Contractor Award Agreement 2017.006 Ver.1
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 and page following:
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, t❑ 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. n 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.
&❑ Professional Liability] Shall be maintained by thc Contractor to ensure its legal liability foF
claims arising out of thc performance of profcscional services under this Agreement. Contractor
waives its right of recovery against County as to any claims under this insurance. Such insurance
shall have limits of not lcsc than $ each claim and aggregate.
n ober Liabilityj Coverage shall have minimum limits of$ per claim.
F. I SEE ATTACHED PAGE FOR ADDITIONAL COVERAGES AND LIMITS : Coverage shall have minimum limits of
$ per claim.
Special Requirements: Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate
Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial
General Liability where required. This insurance shall be primary and non-contributory with respect
to any other insurance maintained by, or available for the benefit of, the Additional Insured and
the Contractor's policy shall be endorsed accordingly.
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Multi-Contractor Award Agreement 2017.006 Ver.1
CM)
Collier County Solicitation 19.7824
INSURANCE AND BONDING REOUIREMENTS
Insurance/Bond Type Required Limits
I. 0 Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
Evidence of Workers' Compensation coverage or a Certificate of Exemption issued
by the State of Florida is required. Entities that are formed as Sole Proprietorships
shall not be required to provide a proof of exemption. An application for exemption
can be obtained online at httns:.Varms.ildfs.com/bocexem ojl
2. EmpIoyer's Liability S_1,000,000_single limit per occurrence
3. 0 Conunercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $_1,000,000 single limit per occurrence,$2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and Operations;
Independent Contractors; Products and Completed Operations and Contractual
Liability.
4. ®Indemnification To the maximum extent permitted by Florida law,the ContractorNendor 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,to the extent caused by the negligence,recklessness,
or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or
utilized by the ContractorNendor in the performance of this Agreement.
5. 0 Automobile Liability $ 1,000,000_ Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired;Automobile Included
6, ®Other insurance as noted: ®Watercraft $ 1,0 0 0,0 0 0 Per Occurrence
®United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
$ 1,000,000 Per Occurrence
® Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
$ 1,000,000 Per Occurrence
❑Aircraft Liability coverage shall be carried in limits of not less than$5,000,000 each
occurrence if applicable to the completion of the Services under this Agreement.
$ Per Occurrence
®Pollution $ 1,000,000 Per Occurrence
❑ Professional Liability $ Per claim&in the aggregate
❑Project Professional Liability $ wu; Per Occurrence
0 Valuable Papers Insurance $ Per Occurrence
❑Cyber Liability S_.__ Per Occurrence
0 Technology Errors&Omissions $ Per Occurrence
7. 0 Bid bond Shall be submitted with proposal response in the form of certified funds,cashiers'check
or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal
bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the
Collier County Board of County Commissioners on a bank or trust company located in
the State of Florida and insured by the Federal Deposit Insurance Corporation.
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Collier County Solicitation 19-7624
8, ❑Performance and Payment For projects in excess of$200,000,bonds shall be submitted with the executed contract
Bonds by Proposers receiving award,and written for 100%of the Contract award amount,the
cost borne by the Proposer receiving an award.The Performance and Payment Bonds
shall be underwritten by a surety authorized to do business in the State of Florida and
otherwise acceptable to Owner;provided,however,the surety shall be rated as"A-"or
better as to general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5%of the reported policy holders'
surplus,all as reported in the most current Best Key Rating Guide,published by A.M.
Best Company, Inc.of 75 Fulton Street,New York,New York 10038.
9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet, The
same Vendor shall provide County with certificates of insurance meeting the required insurance provisions.
10. ® Collier County must be named as "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 Vendor's policy shall be endorsed accordingly.
11. 0 The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County,OR Collier County Government,OR Collier County. The Certificates of Insurance must state
the Contract Number,or Project Number,or specific Project description,or must read: For any and all work performed on behalf
of Collier County.
12, 0 On all certificates,the Certificate Holder must read:Collier County Board of Commissioners,3295 Tamiami Trail East,
Naples,FL 34112
13. ® Thirty(30)Days Cancellation Notice required.
14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary.Such
coverage shall be endorsed to cover the interests of Collier County as well as the Contractor, Premiums shall be billed to the
project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions
regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division.
9/25119-CC
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five
(5)days of the award of this solicitation, The insurance submitted must provide coverage for a minimum of six(6)months from the
date of award.
Name of Firm Kelly Brothers, c Date 12/032019 ...., _...
Vendor Signature AgeAts _
Print Name Dane Kelly,President
Insurance Agency Assured Partners of Florida
Agent Name Bryan Ball Telephone Number 850-572-4847
10/3/2019 9:04 AM p,39
Current, valid insurance policies meeting the requirement herein identified shall be maintained by
Contractor during the duration of this Agreement. The Contractor shall provide County with
certificates of insurance meeting the required insurance provisions. Renewal certificates shall be
sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the
policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written
notice, or in accordance with policy provisions. Contractor shall also notify County, in a like
manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-
renewal or material change in coverage or limits received by Contractor from its insurer, and
nothing contained herein shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance requirements that
the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
defend, indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any
statutory or regulatory violations, or from personal injury, property damage, direct or consequential
damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge or reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation of a
claim by any party and written notice of such claim being provided to Contractor. Contractor's
obligation to indemnify and defend under this Article 13 will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against the
County or an indemnified party for the matter indemnified hereunder is fully and finally barred by
the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Facilities Management Divison and Parks and Recreation 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), I■I Exhibit A Scope of Services, I IExhibit B Fcc
Schcdulc, I I RFP/ I 1 ITB/IMI Other Invitation for Qualification (IFQ) #19-7624
including Exhibits, Attachments and Addenda/Addendum, I. subsequent quotes and
corresponding contract documents, !MI Exhibit C-1 Public Payment Bond, III Exhibit C-2 Public
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Multi-Contractor Award Agreement 2017.006 Ver.1
Performance Bond, n Exhibit D - Release and Affidavit Form, ■ Exhibit E — Form of Contract
Application for Payment, ISI Exhibit F - Change Order, IN Exhibit G - Certificate of Substantial
Completion, n Exhibit H -Certificate of Final Completion, I■I Exhibit I - Warranty, and n Other
Exhibit/Attachment: Federal Contract Provisions and Assurances
17. APPLICABILITY. Sections corresponding to any checked box (U) expressly apply to the terms
of this Agreement.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties
herein that this Agreement is subject to appropriation by the Board of County Commissioners.
19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of
this provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business with the County for
a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and,
c. immediate termination of any Agreement held by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is
formally acknowledging without exception or stipulation that it agrees to comply, at its own
expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and
requirements applicable to this Agreement, including but not limited to those dealing with the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended; taxation, workers' compensation, equal employment
and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and
the Florida Public Records Law Chapter 119, including specifically those contractual requirements
at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
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
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Multi-Contractor Award Agreement 2017.006 Ver.1
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. ■ 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.
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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. Ii 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
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. 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
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Multi-Contractor Award Agreement 2017.006 Ver.1
CAO
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. n CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean.
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. III 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. Iii 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.
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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. ■ 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. I■] 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
r '
accepted professional standards for the particular service. These warranties shall survive
inspection, acceptance, passage of title and payment by the County.
Contractor further warrants to the County that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from the County. Contractor shall also be responsible for and pay for replacement
or repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which the County is
entitled as a matter of law.
36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and Procurement
Procedures.
38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by representatives
of Contractor with full decision-making authority and by County's staff person who would make
the presentation of any settlement reached during negotiations to County for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached at mediation
to County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section 44.102,
Fla. Stat.
39. VENUE. Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
40. I I - e ..-. • • - -
the performance of the Agreement. The Contractor shall assign as many people as necessary to
complete the services on a timely basis, and each person assigned shall be available for an
. - - :-:• •:- - - ..- : ' --- -. . ----- -_ . -
Page 13 of 33
Multi-Contractor Award Agreement 2017.006 Ver.1
replacement personnel.
10 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. n e - e _ . , _ . .- - -• e - -- --• _ _ _ .- ..
of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's
Board approved Executive Summary, the Contract Documents shall take precedence.
■ 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. ■ 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
IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this
Agreement on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Crystal K. Kinzel, Clerk of Court &
Comptroller
10 V 1 , ott By:
,
, Burt L. Saunders Chairman
Dated: I\. B )
(SEAL • at ; airman S
Contractor'sgnatWitnesses: Kelly Brothers, Inc.
Contractor
By: /
ntractor's First WOfess Signature
Ap.)0 c( It r 5QL TType/print signature and titleT
TType/print witness name
Contractor's Second Witness
C -
TType/print witness name
Appresv'e I as to Form and Legality:
pv .�1 L
kwy Count Attor ey
JJ
—reitG
Prin Na e
Page 16 of 33
Multi-Contractor Award Agreement 2017.00;Ver.14
,AO
Exhibit A
Scope of Services
IIIfollowing this page (pages 1 through 5 )
fI this exhibit is not applicable
Page 17 of 33
Multi-Contractor Award Agreement 2017.006 Ver.1
IFQ# 19-7624"Marine Contracting Services"
EXHIBIT A
SCOPE OF SERVICES
The Marine Contractor will be responsible for providing complete construction services for a wide range of
projects and is responsible for the overall coordination of the project. The Marine Contractor will provide
material, labor, equipment, tools and services necessary for the project. The Marine Contractor may hire
specialized subcontractors to perform all,or some portion of the construction work. Mark-up for Subcontractors
shall not exceed 15%.
The Marine Contractor must be qualified and is directly responsible for 100%of the contracted work including
all work performed by the Marine Contractor's in-house personnel or any subcontractors.In the event the Marine
Contractor(s) does not"self-perform"any or all tasks within the specifications, and utilizes subcontractors,the
Marine Contractor is directly responsible for all supervision, monitoring and compliance with one hundred
percent(100%) of meeting schedule, cost,work, scope,plans and specification quality in the performance of a
project for the County.
Marine Contractor/s may be involved in:
• Repairs/replacement;
• New construction;
• Demolition associated with repairs/renovations/retrofits;
• Scheduling work and subcontractors in harmony with the County's operations;and,
• Estimating cost of future projects.
The Marine Contractor's responsibilities may include, (these are not intended to represent the entire contractor
portfolio,but rather,a sample of the various responsibilities that a Contractor may be requested to participate in
for a Collier County project)but not limited to:
• Boardwalk structure repair or replacement(in marine and freshwater applications) including, but
not limited to, decking, handrail system, substructure, pile wraps &jackets;
• Seawall repair or replacement(including washout and sinkhole repairs);
• Boat ramp repair or replacement;
• Marine utilities (electric, water, etc.) services, including but not limited to testing, repair, or
replacement;
• Fueling station services, including but not limited to, maintaining, replacing or repairing;
• Applying for permits (Collier County Building permit, Florida Department of Environmental
Protection permits and exemptions,Army Corps of Engineers permits, coastal permits, i.e.vehicle
on the beach);
• Dock accessory installs (ladders, cleats, fenders, handlebars, dock boxes, etc.) and maintenance;
• Floating dock repair, replacement, or inspection services;
• Securing the property;
• Managing personnel on site;
• Providing site surveying and engineering services;
• Disposing or recycling of construction waste, monitoring schedules and cash flows, and
maintaining accurate records;
• Removal of delinquent boats, pilings and waste;
• Repairs or replacement of fish cleaning stations, pump out stations, and bait tanks,to include
but not limited to items and regulatory signage associated with each;
• Fish-kill clean-ups/Seaweed removal;
• Maintenance mechanical dredging projects;
Page 1 of 5
• Channel structural pile driving;
• Installation of channel markers;
• Artificial reef deployments;
The Marine Contractor(s)agree to the following:
1. Should any project that is active, extend past the contract termination date, the specific work order
or purchase order shall be extended until the completion of the project and the work is deemed
accepted by the County's project manager.
2. Individual projects shall be quoted as lump sum for all work, as directed by the County's Project
Manager. The Marine Contractor is responsible for providing a lump sum quote and agrees to the
lump sum price methodology, definitions and practices established by the Board of County
Commissioners as stated below:
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. Generally speaking,these contracts are predictable
and cost certain, easy to administer for the County and the Contractor, and foster higher levels of
collaboration,and account for more than fifty(50%)percent of public sector projects.
3. For projects that require bonding (typically over $200,000); the bonding fee may be charged to
Collier County.
4. For insurance related repairs/work, the Marine Contractor may be asked to provide an itemized
breakdown of materials, labor and associated costs necessary to complete the repairs covered by
the County's insurance policy.
5. In the event,work is performed by a Subcontractor, a maximum fifteen percent(15%)markup for
all overhead and profit for all subcontractors' and sub-subcontractors' direct labor and material
costs and actual equipment costs shall be permitted. All compensation due Contractor and any
Subcontractor or sub-subcontractor for field and home office overhead is included in the markups
noted above. Contractor's and sub-contractor's bond costs associated with any change order shall
be included in the overhead and profit expenses and shall not be paid as a separate line item. No
markup shall be placed on sales tax, shipping or subcontractor markup.
6. The County's project manager will follow the procedure outlined below to receive price proposals
from the awarded Marine Contractor:
For Regularly Scheduled Work:
• A summary of work will be offered to all Contractors under contract with anticipated
completion schedules, price methodology, and may identify liquidated damages (if
required).
• The Contractor will respond with a quote as requested by the County's project manager which
may include Performance and Payment Bonds requirements,within ten(10)working days. If
required, the Project Manager shall attach the Bond paperwork to the SAP requisition and
forward the original paperwork to Procurement Services Division.
• The Contractor will respond by providing fixed price, lump sum quotes for the work.
• Contractor may not commence without the issuance of a purchase order and Notice to Proceed.
• The work will be given to the Contractor with the lowest responsive lump sum quote.
Page 2 of 51111)
7. Additional Performance and Payment Bonds Requirement: When a work assignment is in excess
of$200,000.00, the Contractor(s) shall be required to provide Performance and Payment Bonds, in
the amount of 100% of the quoted work assignment amount; the costs of which is to be paid by
Contractor. If the work assignment will be more than thirty (30) days in duration and less than
$200,000.00, the County's project manager may request Payment and Performance Bonds. All
performance security under the subsequent work assignment shall be continued for a six (6) month
period beyond the final completion of the project.
General
1. Project Duration: For work that will not be completed within a thirty (30) day period, prior to
submitting the first monthly Application for payment, the Contractor shall submit to the County, for
their review and approval, a schedule of values based upon the total amount to be paid to the
Contractor.The Schedule of Values will be formatted by the Contractor to provide for necessary cost
breakdowns of the Work by trade category. After its approval by the County,that Schedule of Values
shall be used as the basis for the Contractor's monthly Applications for Payment. The first
Application for Payment shall be submitted no earlier than thirty (30) days after the issuance of the
purchase order and Notice to Proceed.
2. Insurance Related Repairs: For insurance related repairs/work, the Contractor may be asked to
provide an itemized breakdown of materials, labor and associated costs necessary for submittal to
Risk Management.
For disaster related repairs/work,the Contractor may be asked to provide an itemized breakdown of
materials, labor and associated costs necessary for submittal to Risk Management. If FEMA related,
the Contractor will be required to comply with the terms and conditions in the \Federal Contract
Provisions and Assurances(i.e.Lump Sum Only), attached and made part of this Agreement, and will
be defined within the work assignment issued by the County , as applicable.
3. Equipment Inventory: The Contractor(s) shall, under no circumstances, remove any equipment
containing a County asset sticker, without written authorization from the County staff. The
Contractor(s) shall request that, when replacing equipment, the asset sticker be removed by an
appropriate County staff member authorized to adjust equipment inventory records.
4. Facility Safety, Security and Standards:
Work must be performed in accordance with industry standards and guidelines. The Contractor(s)
will comply with all applicable federal, state and local laws, ordinances, rules and regulations
pertaining to the performance of the services requested herein. Any fines levied due to inadequacies,
or failure to comply with any requirements, will be the sole responsibility of the Contractor(s). Any
employee or representative of the Contractor(s) found not in conformance with any laws, statutes,
rules or regulations will not be allowed on job sites. Violations by a Contractor may constitute cause
for immediate termination of the Agreement.The Contractor(s) shall replace or repair any loss at their
cost.The County may withhold payment or make such deductions as it may deem necessary to insure
reimbursement for loss or damage to property or persons through negligence of the Contractor and its
employees.
Contractors will be expected to understand and comply with all applicable laws and regulations of
any governmental entity and Collier County CMA's, Standard Operating Procedures (SOP's) or Job
Safety Analysis (JSA's) that that pertain to environmental, health and safety standards and/or work
practices applicable to the activities they perform.
Page3of5
Contractor must agree that all work must meet or exceed the standards set forth in the Collier County
Vertical Construction Standards - http://bit.ly/CCFM Vertical Standards and Collier County IT
Construction Standards (if applicable) unless specifically exempted in writing by Facilities
Management Division Representative or designee.
The Contractor(s) must comply with Federal and State right-to-know laws if hazardous materials are
used. Safety Data Sheets(SDS)will be made available and provided to the Contractor per the County
Representative's direction. The Contractor is required to immediately report to the County
Representative or designee any spillage or dumping of hazardous material on County property. The
Contractor shall bear all costs associated with the cleanup of any such incidents.
5. High-Security Environments: The Contractor(s) will be asked to work in the Collier County
Sheriffs Office Correctional Facilities and other areas considered "high security", which require
thorough background checks of personnel and tools taken into such Facilities.
6. Warranty: All new equipment/parts warranty work shall be provided by the original warranty
supplier. All warranty responsibility for parts or equipment previously purchased, but still under
warranty, will continue to be provided by the original warranty supplier until expiration of the
warranty period. Upon expiration of the warranty period, responsibility for maintenance shall
automatically transfer to the contractor, unless otherwise directed by the County Representative or
designee.
7. Trouble Calls:All trouble calls shall be initially reported to the Contractor.If the trouble call involves
a warranty item, the Contractor shall notify the County Representative or designee, who will then
have the responsibility of placing and tracking the warranty trouble call with the warranty supplier.
Maintenance of the warranty inventory list and the notification of a warranty trouble call to the County
Representative or designee shall be provided by the Contractor at no additional cost to the County.
8. Parts and fixtures: Parts and fixtures shall be new and warranted for a minimum of one (1)year or
the maximum allowed by the manufacturer, whichever is greater. All labor for repairs shall have a
minimum of a ninety (90) day warranty. All callbacks will be free of charge.No labor will be billed
or allowable in the event defective parts were used. An extended warranty and/or service agreement
may be purchased through the Contractor from the manufacturer without any markup being charged
to the County.
9. Express Warranties: Contractor shall obtain and assign to the County all express warranties given
to Contractor, or any subcontractors, by any subcontractor or material men supplying materials,
equipment or fixtures,to be incorporated into the Project. Contractor warrants to the County that any
materials and equipment furnished under the Contract shall be new unless otherwise specified, and
that all Work shall be of good quality, free from all defects and in conformance with the Contract.
Contractor further warrants to the County that all materials and equipment furnished under the
Contract 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.If,within one(1)year after Substantial Completion,any Work
is found to be defective or not in conformance with the Contract, 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. Further, in the event of an emergency, the County may commence to correct
any defective Work,without prior notice to Contractor, at Contractor's expense.These warranties are
in addition to those implied warranties to which the County is entitled as a matter of law.
Page 4 of 5
10. Clean-up: The Contractor(s) shall be responsible for removing all debris from the site and cleaning
affected areas in the most environmentally friendly manner possible.The Contractor(s) shall keep the
premises free of debris and unusable materials, resulting from their work and as work progresses; or
upon request by the County's representative, shall remove such debris and materials from the
property.The Contractor(s) shall leave all affected areas as they were prior to beginning work. There
will be no cost to the County for clean-up.
11. Use of Subcontractors: Contractors on any service-related project, including construction, must be
qualified and directly responsible for 100%or more of the solicitation amount for said work.
12. County's Right to Inspect: The County or its authorized Agent shall have the right to inspect the
Contractor's facilities/project site during and after each work assignment the Contractor is
performing.
Page 5 of 5 ����
Exhibit B
Fee Schedule
following this page (pages through
�U this exhibit is not applicable
Page 18 of 33
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f:,1
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
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Multi-Contractor Award Agreement 2017.006 Ver.1
CA0
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.:
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(CAf
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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.
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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 0 physical presence or 0 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.:
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C.40
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 D physical presence or D 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.:
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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 0 physical presence or 0 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.:
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Multi-Contractor Award Agreement 2017.006 Ver.1
1.
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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)
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0
[1 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/01 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
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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
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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
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
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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:
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Multi-Award Agreement 2017.006 Ver.1
Other Exhibit/Attachment
Description: Federal Contract Provisions and Assurances
ISI following this page (pages 1 through 9 )
this exhibit is not applicable
Page 33 of 33
Multi-Award Agreement 2017 006 Ver.1
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE
This project activity is funded in whole or in part by the Federal Government,or an Agency thereof. Federal
Law requires that the 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 DHS seal(s),logos,crests,or reproductions
of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
No Obligation by Federal Government: The Federal Government is not a party to this contract and is not
subject to any obligations or liabilities to the non-Federal entity,contractor,or any other party pertaining to
any matter resulting from the contract.
Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges
that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
contractor's actions pertaining to this contract.
EXHIBIT I-1
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued in compliance
with the Energy Policy and Conservation Act.
Termination: Should the Contractor be found to have failed to perform his services in a manner
satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause;
further the County may terminate this Agreement for convenience with a thirty(30)day written notice, The
County shall be sole judge of non-performance. In the event that the County terminates this Agreement,
Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned
through the date of termination.The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions of the services
not performed.
Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition
of"funding agreement"under 37 CFR§401.2(a)and the County wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that"funding agreement,"the County must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by the awarding agency.
Changes: See Standard Purchase Order Terms and Conditions.
Procurement of Recovered Materials(§200.322)(Over$10,000): (1)In the performance of this contract,
the Contractor shall make maximum use of products containing recovered materials that are EPA
designated items unless the product cannot be acquired(i)Competitively within a timeframe providing for
compliance with the contract performance schedule;(ii)Meeting contract performance requirements;or(iii)
At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive
Procurement Guidelines web site, https://www,epa.aov/smm/comprehensive-procurement-guideline,coo,
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 oos$ible. (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 1-2
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
(3)Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses,and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department
of Commerce;and
(6)Requiring the prime contractor,if subcontracts are to be let,to take the affirmative steps listed
in paragraphs(1)through(5)of this section.
Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part
60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R.§60-1.3
must include the equal opportunity clause provided under 41 C.F.R.§60-1.4.
During the performance of this contract,the contractor agrees as follows:
I. The contractor will not discriminate against any employee or applicant for employment because of
race, color,religion,sex, sexual orientation, gender Identity, or national origin.The contractor will
take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex, sexual orientation, gender
identity,or national origin.Such action shall include,but not be limited to the following:Employment,
upgrading,demotion,or transfer,recruitment,or recruitment advertising;layoff or termination;rates
of pay or other forms of compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
II. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the contractor, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion,sex,sexual orientation,gender Identity,or national origin.
III. The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant.This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge,In furtherance of an investigation,proceeding,hearing,or action,including an
investigation conducted by the employer,or is consistent with the contractor's legal duty to furnish
information.
IV. The contractor will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding,a notice to be provided by the
agency contracting officer, advising the labor union or workers' representative of the contractor's
commitments under section 202 of Executive Order 11246 of September 24, 1965,and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations,and relevant orders of the Secretary of Labor.
EXHIBIT 1-3
EXHIBIT 1
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
(CAO
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 of 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.G.
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 $25,00000 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
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 Kelly Brothers,Inc.
Date 12/03/2019
Authorized Signature
Dane Kelly,President
EXHIBIT I-6
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY
and VOLUNTARY EXCLUSION
Contractor Covered Transactions
(I) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this
document, that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department
or agency.
(2) Where the Sub-recipient's subcontractor Is unable to certify to the above statement,the prospective
contract shall attach an explanation to this form.
CONTRACTOR
Kelly Brothers,Inc.
By: .
Signature
Dane Kelly,President
Name and Title
15775 Pine Ridge Road
Street Address
Fort Myers, FL 33908
City, State,Zip
085714871
DUNS Number
12/03/2019
Date
Sub-Recipient Name: Collier County Board of County Commissioners
DEM Contract Number: Z0001
FEMA Project Number: 4337DRFLP0000001
EXHIBIT 1-7
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COWER COUNTY
ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT
Status wal be°.,rEiNt.. urrrerdable statuses vnil mousse the PRIME to tither proivde a revised statement or provick somct documentation that vi dat s a
status.
A. PRIME VENDOR/CONTRACTOR INFORMATION
PRIMO NAME PRIME?VD NUMBER CONTRACT DOLLAR AMOUNT
Kelly Brothers,Inc. 59-2069592
LSTHE PRIME A FLOR;t3A-CERT NED DLSADVANTAGED, VETERAN Y IS IS THE ACTILTTY Of TH15 CONTRACT._ /-�
MINORITY ORWOMI N BUSINESS ENTERPRISE! DBE? Y N CONSTRUCTION? VY 7v
(DWE/M6f/Wee)OR HAVE A SMALL OISADvANTAGED Y
BUSINESS ad MTN CATION FROM THE SMALL BUSINESS MeE Y N CONSULTATION. Y N
ADMINISTRATION? ASERVICE DISADLEDVETERAN, WBE? Y N OTHER? Y N
SDI:AA? Y
LS THIS SUBMISSION A REVISION? Y N IF'as,REVISION!Wm aER
B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL
BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXTSECTION
DBE M/W!E SUBCONTRACTOR OR SUPPLIER TYPE OF WORX OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT
VETERAN NAME SPECIALTY (See Below} DON-CR AMOUNT DOLLARS
TOTALS'
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMTI TER DATE ME OF SU ISMITTER
Dane Kelly 12/03/2019 Preisdent
EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER
estirnating@kellybros.net 239-482-7300 239-482-8014
NOTE.TNS infomutwn is used to track and report anticipated DBE or MBE participation in federaltyfunded contracts.The antiapated DBE or
MBE amount is voluntary and wiz not become part of the twrtractual terms This form must be submitted at time of response to a
solicitation. N and when awarded a County contract,the prime hill be asked to update the information for the grant compliance files.
I ...
ETHNICITY CODE
Cad Anf TEN ..........._ EIA •
...
His panicAmtrican HA
Native American NA
Subcont.Asian American SAA
ASian-Pacific American AAA
Nat-Minority Women NMW
Other not of any odor pouf listed 0
D.SECTION TO BE COMPLETED BY COWER COUNTY
DEPARTMENT NAME COWER CONTRACT a(If B/RFP or PO/REO? GRANT PROGRAM/CONTRACT
ACCEPTED BY: DATE
EXHIBIT I-
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
LOBBYING CERTIFICATION
(To be submitted with each bid or offer exceeding$100,000)
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.
Kelly Brothers,Inc.
Contractor(Firm Na : -)
s+'
Signa'!r'"rof Contractor's Authorized official
Dane Kelly,President
Name and Title of Contractor's Authorized Official
12/03/2019
Date
EXHIBIT I-9
CAU
�....—.rit KELLBRO-01 02KKERSTING
ACC,REr DATE IMMfOD1YYYY)
`,f-, CERTIFICATE OF LIABILITY INSURANCE 3/12/2020
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(les)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 License#L077730 5vjeCT Kelly Kersting
AssuredPartners of Florida Tampa PHONE (813)465-7939 re
c,140:(813)West Cyppress Street f�550 (AIC,No,�): (AIC,No):(813)983-2958
Tampa,FL 33607 jam kelly.kerstingeassuredpartners.com
INSURERIS)AFFORDING COVERAGE NAIL N ,
_INSURERA:Atlantic Specialty Insurance Company 27154
INSURED INSURER a:Navigators Insurance Co _42307
Kelly Brothers,Inc. INSURER C:National Casualty Company 11991
15775 Pine Ridge Rd. INSURER 0:Atlantic Specialty Ins.Co. 27154
Fort Myers,FL 33906
INSURER E: _
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADMSUBR POLICY NUMBER IJ POLICY EFF POLICY EXP LIMITS
LTR !IVSD WV6 IMIDIYYYYI IMM/DDIYYYYI
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000
CLAIMS-MADE X OCCUR B5JH26203 10/1/2019 10/1/2020 DAMAGE TD RENTED 250,000
X PREMISES IE4 otxxlrlO,tQel S
MED EXP(Arty one penanl S 5,000
PERSONALE ADV INJURY S 1,000,000
GENL AGGREGATE LIMITaAPPLIES PER: GENERAL AGGREGATE S 2,000,000
POLICY X JECF LOC PRODUCTS-COMP/OP AGG S 2,000,000
OTHER: POLLUTION S 1,000,000
A AUTOMOBILE UABILtTY (En B DSINGLE UMIT S 1,000,000
X ANY AUTO X 7530235800005 10/1/2019 10/1/2020 BODILY INJURY(Per person) S
OWNED — SCHEDULED
AUTOS ONLY AUTOSBODILYBODILY INJURY(Per=Went) 5
— AUTOS ONLY ,_. AIJTOi ONi.Y 1 e,91=Y(1 AMAGE S
S
B UMBRELLA UAB X OCCUR EACH OCCURRENCE S 5,000,000
X EXCESS LAB CLAIMS-MADE NY19LIA15079701 10/112019 10/1/2020 AGGREGATE S 5'000'000
DED RETENTIONS S
C WORKERS COMPENSATION y PER X PEATUTE ETH
AND EMPLOYERS'LIABILITY
AQN�YFI�PR�ORJPMRIETOR/PARTNER/EXECLMVE Y f N X WCSIG35019901 10/1/2019 101112020 E L EACH ACCIDENT S 1,000,000
OFFIGER/ME�BER EXCLUDED? N NIA 1,000,000
lM+nda1 I Nti) E.LDISEASE-EAEMPLOYEE S
Ir es,desalbe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY UMIT S
A Leased&Rented B5JH26203 10/1/2019 10/1/2020 Deductible 55000 1,000,000
D P&I B5JH26204 10/112019 10/1/2020 Combined BI&PD 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101 Additional Remarks Schedule,may be attached H mon spec*Is required)
General Liability is Marine General Liability form. Umbrella Is Bumbershoot form extending over MGL,P&I,Auto and Employers Liability.RE Marine General
Liability certificate holder is additional Insured with waiver of subrogation regarding work performed by the named Insured and only to the extent required by
written contract Bumbershoot follows form
USL&H-Signal Mutual Indemnity policy#51400 10/1/2019-101112020
MEL-Underwriters at Lloyds policy#F10M1M16140419 10/1/2019-10/112020-this policy satlfies the"Jones Act"requirement
SEE ATTACHED ACORD 101
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE
THE EXPTION DATE Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISION6CE WILL BE DELIVERED IN
3227 Tamlami Trail East
Naples,FL 34112
AUTHORIZED REPRESENTATIVE/
�
ACORD 25(2016103) II 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID:KELLBRO-01 D2KKERSTING
�e1 LOC#: 1
ACC:PR 0" ADDITIONAL REMARKS SCHEDULE Page 1 of 1
AGENCY License#1077730 NAMED INSURED
AssuredPartners of Florida,Tampa 15 Brothers Inc.
157 5 Pine Ridge Rd.
POLICY NUMBER Fort
or Myers,FL 33908
,SEE PAGE 1
CARRIER --� NAIC CODE
SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of L1abIUty Insurance
Description of OperationslLocatlonswehicles:
$1,000,000 any one accident or illness,Including indemnity and expenses of Investigation and defense and including the deductible.
Deductible$25,000 any one accident or illness
Marine Contractor Services,No.19-7624
Collier County Board of County Commissioners is included as Additional Insured with respect to general liability and auto liability
on a primary and non-contributory basis if and to the extent required by written contract.
ACORD 101 (2008101) 0'+2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Endorsement#7
To be attached and made part of Policy No. B5JH26203
Of Atlantic Specialty Insurance Company
Insuring KELLY BROTHERS, INC.
Effective: 10/01/2019
CG 25 03 03 97
DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated ConstructionProjects: BLANKET
(If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to
this endorsement.)
A. For all sums which the insured becomes legally obligated apply. However, instead of being subject to the
to pay as damages caused by ±occurrences2 under General Aggregate Limit shown in the Declarations,
COVERAGE A(SECTION1),and forall medical expenses such limits will be subject to the applicable Desig-
caused by accidents under COVERAGE C(SECTION I), nated Construction Project General Aggregate Limit.
which can be attributed only to ongoing operations at a B. For all sums which the insured becomes legally obligated
single designated construction project shown in the to pay as damages caused by ±occurrences' under
Schedule above: COVERAGEA(SECTIONI),and for allmedicalexpenses
1. A separate Designated Construction Project General caused by accidents under COVERAGE C(SECTION I),
Aggregate Limit applies to each designated construe- which cannot be attributed only to ongoing operations at
tion project,and that limit is equal to the amount of a single designated construction project shown in the
the General Aggregate Limit shown in the Declara- Schedule above:
tions. 1. Any payments made under COVERAGE A for
2, The Designated Construction Project General Ag- damages or under COVERAGE C for medical expenses
gregate Limit is the most we will pay for the sum of shall reduce the amount available under the General
all damages under COVERAGE A,except damages Aggregate Limit or the Products-Completed Opera-
because of±bodily injury2 or±property damage'in- tions Aggregate Limit,whichever is applicable;and
eluded in the ±products-completed operations 2. Such payments shall not reduce any Designated Con-
hazard',and for medical expenses under COVERAGE struction Project General Aggregate Limit.
C regardless of the number of C. When coverage for liability arising out of the±products-
a. Insureds; completed operations hazard'is provided,any payments
b. Claims made or±suits'brought;or for damages because of ±bodily injury2 or ±property
c. Persons ororganizations making claims or bring- damage'included in the±products-completed operations
in ±suits'. hazard'will reduce the Products-Completed Operations
3. Any payments made under COVERAGE A for Aggregate Limit,and not reduce the General Aggregate
damages or under COVERAGE Cfor medical expensesnut nor The Designated Construction Project General
shall reduce the Designated Construction Project -gate t.
G eneralAggregate Limit forthat des i gnatedconstruc- D. If the applicable designated construction project has been
tion project. Such payments shall not reduce the abandoned,delayed,or abandoned and then restarted,or
General Aggregate Limit shown in the Declarations if the authorized contracting parties deviate from plans,
nor shall they reduce any other Designated Construe- blueprints, designs, specifications or timetables, the
tion Project General Aggregate Limit for any other project will still be deemed to be the same construction
designated construction project shown in the project.
Schedule above. E. The provisions of Limits Of Insurance(SECTION III)not
4. The limits shown in the Declarations for Each Occur- otherwise modified by this endorsement shall continue to
rence,Fire Damage and Medical Expense continue to apply as stipulated.
avigators Page 6 of 21
O. ADDITIONAL INSUREDS
In the event that a Named Insured Is obligated by written contract to name an Additional
Insured to any Scheduled Underlying Polley during the currency of this Policy, no
coverage shall be afforded under this Policy for such Additional Insured without the prior
written consent of the Company who are entitled to an additional premium charge, if
required. Coverage Is only provided for the term of such contract, but In no event
beyond expiration of this Policy or termination of such contract, whichever shall .first
occur. In the event the contract or part thereof giving rise to coverage under this Policy
becomes null and void, and/or is deemed unenforceable, any and all coverages provided
by this Policy under said contractual provisions shall also become null and void.
When an Additional Insured Is named on this Policy, coverage Is only provided as
respects liabilities to third parties arising out of the operations of the Named Insured
Insured hereunder.
P. PRIOR INSURANCE AND NON CUMULATION OF LIABILITY
It Is agreed that 1f any loss covered hereunder is also covered Jn Whole or In part under
any other excess policy Issued to the Insured prior to the Inception date hereof, the limit
of`liabllity hereon as stated on the Declarations of this Policy shall be reduced by any
amounts due to the Insured on account of such loss under such prior insurance.
Q. SPECIAL CONDITIONS APPLICABLETO OCCUPATIONAL DISEASE
As regards Bodily Injury (fatal or non-fatal) by occupational disease sustained by any
employee of the Insured, this Policy Is subject to the same warranties, terms and
conditions (except as regards the premium, the nrriotlnts and limits of liability and the
renewal agreement, If any) as are sustained In or as may be added to the Underlying
Insurance prior to the happening of an'Occurrencebor which claim Is made hereunder.
R. CANCELLATION
Either the Company or the Insured may cancel this Insurance by giving the other thirty
(30) days written notice, after which .this Policy shall be of no force or effect. if
cancellation Is at Insured's option, the Company will retain earned premium hereunder.
as per customary short rate table; If cancellation Is at the Company's option, pro rata
unearned premium will be returned as soon as practicable, in either case, subject to
minimum premiums agreed upon, If any. If the Insured falls to pay the premiurn, this
Insurance may be cancelled unilaterally by the Company by giVing ten (10) days written
notice to the Insured.
S. WAR RISK CANCELLATION
In the event of any Underlying War Risks Insurance being cancelled, such cancellation
shall simultaneously cancel any applicable excess coverage Insured herein.
NAVIGATORS
Insuring A World In MONOna1
IMU 0313 0107
ENDORSEMENT TO SECTION I- COVERAGE PARTS I, II & III
ADDITIONAL INSURED AND WAIVER OF SUBROGATION (BLANKET)
In consideration of the premium at which this policy is issued, and subject to the terms and conditions of the policy, it is
agreed that:
1. Section V, General Conditions — Paragraph I -- Who Is An Insured — of the policy Is amended to include any
person or organization that you are obligated by an "insured contract" to Include as Additional Insureds, but only
with respect to liability arising out of "your work" and only with respect to coverage provided under Section I,
Coverage Parts I, II and III of the policy.
2. It is further agreed that we waive any right of recovery we may have against any such Additional Insured because
of payments we make for"bodily injury" or"property damage"arising out of"your work"for that Additional insured,
but only to the extent of your obligation under the"insured contract".
Includes copyrighted material of Insurance Services Offices,Inc.,with its permission.
Copyright 2005,OneBeacon Insurance Group.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
@VANTAGE FOR AUTOMOBILE
This endorsement modifies Insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
The following schedule lists the coverage extensions provided by this endorsement.Refer to the Individual provi-
sions to determine the extent of your coverage.
SCHEDULE OF COVERAGE EXTENSIONS
1. Additional insured By Contract 12. Employee Hired Autos
2. Airbag Discharge 13. Fellow Employee Exclusion
3. Auto Theft Reward 14. Glass Repair—Waiver of Deductible
4. Blanket Waiver of Subrogation 16. Hired Auto Physical Damage Coverage
6. Bodily Injury Redefined—Mental Anguish 16. Lease Gap Coverage
B. Broad Form Named Insured 17. Liability Coverage--Supplementary Payments
7. Communications Equipment 18. Newly Formed or Acquired Organizations
8. Diminution in Value 19. Physical Damage—Transportation Expenses
9. Drive Other Car—Executive Officers 20. Rental Reimbursement—Private Passenger
10. Duties In The Event of Accident,Claim,Suitor Loss Vehicles
11. Employees As Insureds 21. Towing—Any Covered Auto
1. ADDITIONAL INSURED BY CONTRACT
The Who Is An Insured provision under SECTION II—LIABILITY COVERAGE is amended to include as an
additional"insured"any person or organization with whom you agreed in a written contract,written agreement
or permit,to provide insurance such as is afforded under this Coverage Form. Such person or organization is
an"insured"only with respect to liability for"bodily injury"or"property damage"caused, in whole or in part by
your maintenance,operation or use of your covered"autos".
With respect to the insurance afforded to these additional"insureds",this insurance does not apply:
a. Unless the written contract or agreement has been executed or the permit has been issued prior to the
"bodily injury"or"property damage";
b. To any person or organization included as an"insured"by endorsement or in the Declarations;or
c. To any lessor of"autos"when their contract or agreement with you for such leased"auto"ends.
2. AIRBAG DISCHARGE
If you purchased physical damage coverage for a covered "auto"under this policy, we will pay to reset or re-
place an airbag that accidentally discharges without the vehicle being involved in an accident. No deductible
applies to this additional coverage. However, this coverage only applies if the airbag is not covered under a
manufacturer's warranty and you did not intentionally cause the airbag to discharge.
3. AUTO THEFT REWARD
We will pay up to a $2,000 reward in the event of a covered loss, for information leading to the arrest and
conviction of anyone stealing a covered"auto".A reward will not be paid to you, a family member, employee
or any public official while performing their duty.
4. BLANKET WAIVER OF SUBROGATION
The Transfer Of Rights of Recovery Against Others To Us condition under SECTION IV — BUSINESS
AUTO CONDITIONS,paragraph A.LOSS CONDITIONS is replaced by the following:
We will waive any right of recovery we may have against any person or organization because of payments we
make for injury or damage arising out of the operation of a covered"auto"when you have assumed liability for
such"bodily injury"or"property damage" under an"insured contract",provided the contract is In writing and
executed prior to the"bodily injury"or"property damage".
6. BODILY INJURY REDEFINED—MENTAL ANGUISH
The definition of"bodily injury"under SECTION V—DEFINITIONS is replaced by the following:
"Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish
or death resulting from any of these at any time.
VCA 201 01 00 Includes copyrighted material of Insurance Services Office,Inc. Page 1 of 5
Copyright 2004,OneBeacon Insurance Group LLC
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