The URL can be used to link to this page

Backup Documents 05/12/2020 Item #16C 2 (Kelly Brothers, Inc.) 1 6C SRTINAL ACCOMPANY LL ORIGINAL DOCUMENTENTS CHECKLIST & S UTIN OSE T E C EMED) THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to theMkiitylAtoa120 Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Risk Management Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management f l L j� 2. County Attorney Office County Attorney Office5/41Z? / 4. BCC Office Board of County Commissioners , / ��rr-- ` I3 4. Minutes and Records Clerk of Court's Office l 1NW Cy 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso Contact Information 239-252-8950 Contact/ Department Agenda Date Item was MAY 12, 2020 Agenda Item Number 16.C.2 Approved by the BCC 1 Type of Document CONTRACT Number of Original 2 17. Attached Documents Attached PO number or account N/A 19-7624(2 OF 4) KELLY number if document is Kelly Brothers,Inc. BROTHE S, to be recorded INC. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK AR 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be AR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the AR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 05/12/2020 and all changes made during c1 the meeting have been incorporated in the attached document. The County a;option for Attorney's Office has reviewed the changes,if applicable. $'s line. 9. Initials of attorney verifying that the attached document is the version approved by the 'A is not BCC,all changes directed by the BCC have been made, and the document is ready for the I 1, option for Chairman's signature. is line. 16C Z MEMORANDUM Date: May 14, 2020 To: Ana Reynoso, Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #19-7624 "Multi-Contractor Award Agreement" Contractor: Kelly Brothers, Inc. Attached for your records is an original of the referenced document above, (Item #16C2) adopted by the Board of County Commissioners on Tuesday, May 12, 2020. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 16C 2 MULTI-CONTRACTOR AWARD AGREEMENT # 19-7624 for Marine Contractor Services THIS AGREEMENT, made and entered into on this I01 day of M 20Q3by and between Kelly Brothers, Inc. J 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 n upon the date of Board approval n or on , and terminating three (3 ) year(s) from that date or until all outstanding I I Purchase Order(s) n Work Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ■ Purchase Order *Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Rcqucst for Proposal (RFP) I 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. Page 1 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 coA 16C 2 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. II -- _ _ _ -• • - .. .._- • .• - I I Other Exhbit/Attachment: 3.4 I■I 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. ■ 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. Gen#-aetor°s tieted prices shall-be-based-en Ex-hib t-B--Fee-SG-hedulc. 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". 1 I The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of ($ ), -_. • .. -0 _ • ••• : : - -: .. .. -- . .- _ • - - _ _ -- Contractor in response to a spcci • '-.. . e . : . : - ' - • - -•- •- • -- : in Section 4.1. Gentrae . ' _ . . -- : • . .- -- - - • - . - . •edule- P est-w+l1-be made upon receipt of a prop- • .• - . . . :: • . :: : • . - -- - -• •' . •- .,• _ . •- " Government Prompt Payment Act". 4.1 Price Methodology (as selected below): 11111 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 '» ar a - •• : - e - agrees to pay the contractor for the amount of labor time .- • . . _ . ' -- . _ -- .nd subcontractors to peFf-ence work (number of hours - _ A - :eneral buciber.ss practice, these contracts include back up documentation of costs; invoices would include numb- .. . - - - - • ompany (or sub :- . : •--- - - - - :. • oil records), material OF Page 2 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 0 16C 2 labor, materials, equipment, ovcrh ad, etc.) for a repetitive product or service delivered (i.e. unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 44 _ - _ -- - _ Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mi4eage $0. 44.5 per mile Br akfast $6-00 Lunch $4-1.00 Dinner $4-9-00 Airfare Rental car Actual rental cost limited to compact or standard size vehicles L-edgifyg ... _. •_. _ _ - - - more than $150.00 per night Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Kelly Brothers, Inc. Address: 15775 Pine Ridge Rd. Fort Myers, Florida 33908 Page 3 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 16C 2 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 Page 4 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 I 6 C 2 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. n Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. • 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. DTI I Professional Liabilityj Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor shall have limits of not less than $ each claim and aggregate. F. Iii 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. Page 5 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 16C 2 Collier County Solicitation 19-7624 INSURANCE AND BONDING REOUIREMINTS Insurance/Bond Type Required Limits I. ©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 https: ;tops.fldfs.comtbocexempt; 2, ®Employer's Liability $_1,000,000_single limit per occurrence 3. (c Commercial 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 Contractor/Vendor 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. ®Automobile Liability $ 1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired;Automobile Included 6, ®Other insurance as noted: ®Watercraft $ 1, 0o0,000 Per Occurrence Q 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 0 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. S m Per Occurrence ® Pollution $ 1,000,000 Per Occurrence ❑ Professional Liability S Per claim&in the aggregate ❑Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance S Per Occurrence ❑Cyber Liability S Per Occurrence 0 Technology Errors&Omissions S W Per Occurrence 7. ® 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 50,E 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. 10/312019 9'04 AM p.341 b C z Colder County Solicitation 19-7624 8, 0 Performance and Payment For projects in excess of 5200,000,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. ® 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. ® 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. 9/25-'19-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 fora minimum of six(6)months from the date of award. Name of Firm Kelly Brothers, c Date 12/03/2019 .. ...n_ Vendor Signature .---c 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.343 `CAO 16C Z 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), ■ Exhibit A Scope of Services, I I Exhibit B Fcc Schcdulc, RFP/ B/■ Other Invitation for Qualification (IFQ) #19-7624 including Exhibits, Attachments and Addenda/Addendum, 1.1 subsequent quotes and corresponding contract documents, ■ Exhibit C-1 Public Payment Bond, ■ Exhibit C-2 Public Page 6 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 I 6C a Performance Bond, U Exhibit D - Release and Affidavit Form, n Exhibit E — Form of Contract Application for Payment, n Exhibit F - Change Order, n Exhibit G - Certificate of Substantial Completion, • Exhibit H -Certificate of Final Completion, ■ Exhibit I - Warranty, and ISI 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 Page 7 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 CAO 16C 2 within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. n BONDS. A. When a construction project is in excess of$200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 23. ■ LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Page 8 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 16C 2 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 CAU 16C 2 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 Page 10 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 S 16C 2 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. ■ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 32. ■ PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. Page 11 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 CAO 16C 2 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. [I1 COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "D." B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "I". Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 35. ■ WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally Page 12 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 1 6 C 2 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. ❑ KEY PERSONNEL. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their ares of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized+R complete the services on a timely basis, and ach person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Page 13 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 16C 2 ■ 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. _ .- .._- _ .. . .-- - ' n 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 16C 2 County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. 44. n SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 15 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 16t Z IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of Court& Comptroller By: V ,1��,�.. k-A,7\� By: Burt L. Saunders , Chairman Dated: dA;` .+.�ts� v (SEAL) �t \ st,a$:to,Chairman's Contractor'sigWtthdes8ir: Kelly Brothers, Inc. Contractor By: Contractor's First ness Signature A(, TType/print signature and titlee TType/print witness nameT Contractor's Second Witness . ( _P-1 TType/print witness name Ap rov d as to F r an Legality: butxdslf_e-oully AA rney Print Name Page 18 of 33 Multi-Contractor Award Agreement 2017.00;Ver.1, 16C 2 Exhibit A Scope of Services [I following this page (pages 1 through 5 ) ❑ this exhibit is not applicable Page 17 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 S 16C 2 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 ca0 16C 2 • 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 5 16C 2 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. Page 3 of 5 16C 2 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 1 6 C 2 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 1. 60 2 Exhibit B Fee Schedule I I following this page (pages through ) • this exhibit is not applicable Page 18 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 16C 2 Exhibit C-1 I I 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 CA 0 16C 2 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.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page 20 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 16C 2 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of D physical presence or ❑ online notarization, this of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public-State of Florida) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 21 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 16C 2 n this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 22 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 16C 2 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public-State of Florida) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 23 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 1 6 C 2 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or 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.: Page 24 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 16C ❑ this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( STATE OF ( ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final]Application for Payment No. CONTRACTOR BY: Witness ITS: DATE: Witness [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public-State of Florida) NAME: (Legibly Printed) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.: Page 25 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 ,t.;l 16C 2 I I this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _% after [insert date] $ Less previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name&Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name &Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Page 26 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 C 1 6 C 2 ❑ this exhibit is not applicable EXHIBIT F CHANGE ORDER ❑Contract Modification ❑Work Order Modification Contract#: Change#: Purchase Order#: Project#: Contractor/Firm Name: Project Name: Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes $ 0.00 #DIV/0! Change from Current Amount Completion Date, Description of the Task(s)Change,and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date Includes this change) #of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑Other(see below) Provide a response to the following: 1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and /or the additional days added(if requested);2.)why this change was not included in the original contract;and,3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor/ Consultant/Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor/Vendor/Consultant/Design Professional and Name of Firm, if project applicable) Approved by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Procurement Professional Page 27 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 1 6 C 2 n this exhibit is not applicable EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 28 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 16C 2 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: Type Name and Title Page 29 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 16C • 2 ❑ this exhibit is not applicable EXHIBIT H CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 30 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 'CAU 16C 2 Executed by Design Professional on , 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title Page 31 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 16C 2 n this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 32 of 33 Multi-Award Agreement 2017.006 Ver.l 16C 2 Other Exhibit/Attachment Description: Federal Contract Provisions and Assurances n following this page (pages 1 through 9 ) ❑ this exhibit is not applicable Page 33 of 33 Multi-Award Agreement 2017.006 Ver.1 I b G 2 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 16C 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty(30)day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination.The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the County wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the County must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Changes: See Standard Purchase Order Terms and Conditions. Procurement of Recovered Materials(§200,322)(Over$10,000): (1)In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i)Competitively within a timeframe providing for compliance with the contract performance schedule;(ii)Meeting contract performance requirements;or(iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline cpo-• 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 andtor debarment. (4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R.pt.3000,subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracting with small and minority businesses,women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assuring that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources; EXHIBIT I-2 16C 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. I!. 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 CAO 16C 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided In Executive Order 11246 of September 24, 1965,or by rule, regulation, or order of the Secretary of Labor,or as otherwise provided by law. VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction,the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). (1) Overtime requirements.No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph(1)of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph(1)of this section,in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1)of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient)shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such contractor 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 6C 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (4) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(1)through(4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor,arising out of or relating to this contract,or the breach of it,will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Clean Air Act and Federal Water Pollution Control Act: (over$150,000) (1)The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3)The contractor agrees to report each violation to the County and understands and agrees that the County will,in turn,report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part with Federal assistance provided by FEMA. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over$100,000): Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant,or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.Such disclosures are forwarded from tier to tier up to the recipient." State Provisions Convicted Vendor and Discriminatory Vendors List Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or any state agency. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Record Retention - The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee's access to such records upon request. EXHIBIT I-5 1 6 C 2 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 12/03/20I9 Authorized Signature r Dane Kelly,President EXHIBIT I-6 � � � � EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INEUGI8ILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (\) The prospective subcontractor of the Sub-recipient, Collier County, nortifiow, by submission of this dooument. that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ine|igib|e, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-recii rnsubcontmo0or|ounab|etocertify|otheeboveatatement.thepnonpeuUve 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, Stah:,Zip 085714871 DUNS Number \2/O]/2819 Date Sub-Recipient Name: Collier County Board of County Commissioners DEM Contract Number: Z0001 FEMA Project Number: 4337ORFLP0000001 16C 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COWER COUNTY ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT States wifi be vreMed Unverdable statuses w#require the PRm4E to tither crowd*a revised statement or provide source documentation that va dates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME fEID NUMBER CONTRACT DOUAR AMOUNT Kelly Brothers,Inc. 59-2069592 IS THE PRIME ANOR;ps-cur MID DISADVANTAGED, vErw, y IN\ rt THE ACThi or THIS CONTRACT /y ntNORTTYORWOMEN BUSINESS ENTERPRISE) DOE? Y N CONSTRUCTION' JV N (DBUt tBENIOE)OR HAVE A SMALL OMSAD',ANTAGED sourESS IA CERTIMATION FROM THE SMALL BUSINESS r'`IBE Y N CONSULTATION? Y ra ADMINISTRATION? A SERVICE DISABLED VETERAN. WBE) Y i N OTHER) V ra SDS Its? Y tS THIS SUBMISSION A REVISION) V YI If YES,REVISION NUt.i1ER B. IF PRIME HAS SUBCONTRACTOR OR SUPPUER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION OSE MfWBE SUDCONTRACTOR OR SUPPUER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPUYER PERCENT OF CONIRAA T VETERAN NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS TOTALS' C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TIRE OF SUBMITTER Dane Kelly 12/03/2019 Preisdent EMAIL ADDRESS OF PRIME ISUBMTITER) TELEPHONE NUMBER FAX NUMBER estimating@kellybros.net 239-482-7300 239-482-8014 NOTE This nformaton u used to track and report anticipated DOE or MBE parhopation In federally-funded contracts The anticipated DM or MBE amount is voluntary and wig not become part of the contractual terms This form must be submitted at tune of response to e solicitation If and when awarded a County contract,the prime AA be asked to update the information for the gram compliance files. ETNfflCITY CODE Black Antrim SA Hispanic Amencan ttA Native American NA Subcont.Asian AmerICan SAA Asan-Pacific American APA Non•Minorry women NMW Other nut of arty other poop listed O D.SECTION TO BE COMPLETED BY COWER COUNTY DEPARTMENT NAME COLLIER CONTRACT1FE/Rf►nrPO/ato) GRANT PROGRAM/CONTRACT ACCEPTED sr DATE EXHIBIT I-8 CAO 16C 2 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 Narr ) Signa of Contractor's Authorized fficial Dane Kelly,President Name and Title of Contractor's Authorized Official 12/03/2019 Date EXHIBIT I-9 CAU 16C a "..., KELLBRO-01 D2KKERSTING ,4coRo CERTIFICATE OF LIABILITY INSURANCE OATEIMMIDOlYYYY) kir.-.....--'- 3/1212020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies}must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER License#L0T7730 OttecT Kelly Kersting AssudPartners 4600 wreest Cypress Street SQTampa PHONE 1. J,, N,):(813)98 3-2958 (A1C,Ne,Est (813)465-7939 , Tampa,FL 33607 Imes;kelly.kersting@assuredpartners.com INSURERS)AFFORDING COVERAGE NAIC N INSURER A:Atlantic Specialty Insurance Company 27154 _ INSURED INSURERe: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 33908 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 �ADDL SUER POUCY NUMBER POLICY EFF POLICY EXP LIMITS LTR IVSD WVOIMMDI JGYYYYI IMMIDDIYYYYI A X COMMERCIAL GENERALLABILITY EACHOCCURRENCE S 1,000,000 CLAIMS-MADE i X IOCCUR X B5JH26203 10/1/2019 1011/2020 PREMISESIEaoNTED ccurIenaai S 250,000 MED EXP(Any one person) S 5,000 PERSONAL b ADV INJURY S 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,001iPOUCY I /L j& LOC PRODUCTS-COMP/OP AGQ S 2,000,000 OTHER POLLUTION : 1,000,000 A AUTOMOBILE LIABI1.rTY ' SOMMBINEDtSINGLE LIMIT l S 1,000,000 X ANY AUTO X 7530235800005 10/1/2019 10/1/2020 BODILY INJURY(Per person) S — OWNED SCHEDULED AUTOS�RREEppONLY _AUTOSBODILYBODILY INJURY(Per accident) S AUIOS ONLY AUTO]ONLY r OPE�R�Y( AMAGE $) S B UMBRELLA UAB X OCCUR EACH OCCURRENCE S 5'000'000 X EXCESSLAB , CLAIMS-MADE NY19UA15079701 10/1/2019 10/1/2020 AGGREGATE s 5,000,000 DED RETENTIONS S C WORKERS COMPENSATION X AND EMPLOYERS'LABILITY STATUTE .. ERH ANY PRO�rPMREIETOR/PARTNER/EXECLMVE Y r N X WCSIG35019901 10/1/2019 10/1/2020 E.L EACH ACCIDENT S 1,000,000 OFFgra/1AEn BER EXCLUDED? N NIA 1,000,000 f(��an�da'� 1 HH) Et DISEASE-EA EMPLOYEE S It yes,describe under 1,000,000 DESCRIPTION QF OPERATIONS below E.L DISEASE-POLICY LIMIT S A Leased&Rented B5JH26203 10/1/2019 10/1/2020 Deductible$5000 1,000,000 D P&l B5JH26204 10/1/2019 1011/2020 Combined BI&PD 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101 Additional Remark.Schedule,may be attached H mors space 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 pallcy#51400 10/1!2019-10/1/2020 MEL-Underwriters at Lloyds policy#F10M1 M16140419 10/1/2019-10/112020-this policy satifies the"Jones Act"requirement SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPTION DATE Collier County Board of County Commissioners ACCO DANCE WITH TH POLICY P OVISIO SCE WILL BE DELIVERED IN 3227 Tamiami Trail East Naples,FL 34112 AUTHORED REPRESENTATIVE ACORD 25(2016103) ®1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 16C 2 AGENCY CUSTOMER ID:KELLBRO-01 D2KKERSTING LOC*: 1 ACCORD' ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#1077730 NAMEDINsuRED AssuredPartners of Florida,Tampa Kelly Brothers Inc. 15775 Pine Ridge Rd. POUCY NUMBER 1Fort Myers,FL 33908 SEE PAGE 1 Lee CARRIER NAIC CODE SEE PAGE 1 SEEP 1 EFFEC WE DATE:sEE AAt3E ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE: Certificate of Liability Insurance Description of OperationslLocationsNehicles: $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) T 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 16C 2 Endorsement#7 To be attached and made part of Policy No. B5J1126203 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, COVERAGEA(SECTIONI),andforallmedicalexpenses 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 ±occurrences2 under Schedule above: COVERAGE A(SECTION I),and for allmedical expenses 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- tionsAggregateLimit,whichever is applicable;and eluded in the ±products-completed operations 2. Such payments shall not reduce any Designated C on- hazard2,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 hazards is provided,any payments b. Claims made or±suite brought;or for damages because of ±bodily injury2 or ±property c. Persons or argani zations making claims or bring- damage'included in the±products-completed operations in ±suits2. hazard'will reduce the Products-Completed Operations 3. Any payments made under COVERAGE A for Aggregate Limit,and not reduce the General Aggregate damages cm-under COVERAGE C for medical expenses Limit nor The Designated Construction Project General shall reduce the Designated Construction Project Aggregate Lama. General Aggregate Limit forthat des ign atedconstruc- 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 Construc- 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, 1 6 2 Navigators 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 Policy 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 Polley under said contractual provisions shall also become null and void. When an Additional Insured is named on this Polley, 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 of any loss covered hereunder Is also covered in whole or In part under any other excess policy Issued to the Insured prior to the inception date hereof, the limit of`liability hereon as stated on the Declarations of this Polley shall be reduced by any amounts due to the Insured on account of such loss under such prior Insurance. q. SPECIAL CONDITIONS APPLICABLE TO OCCUPATIONAL DISEASE As regards Bodily Injury (fatal or non-fatal) by occupational disease sustained by any employee of the Insured, this Polley Is subject to the same warranties, terms and conditions (except as regards the premium, the 8moUnts 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 Occurrence for 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 premlum, 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 Motion® 16C 2 IMU 0313 0107 ENDORSEMENT TO SECTION I- COVERAGE PARTS 1, 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 materiel of Insurance services Offices,Inc.,with its permission. Copyright 2888,Onaaoacon Insurance Group. 1 6c 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 8. 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,Suit or 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 09 Includes copyrighted material of Insurance Services Office,Inc. Page 1 of 5 Copyright 2004,OneBeacon Insurance Group LLC E-INSURED