Loading...
Agenda 07/14/2020 Item #16E11 (Award IFQ #20-7712 to Qualified Companies)07/14/2020 EXECUTIVE SUMMARY Recommendation to award Invitation for Qualification (“IFQ”) No. 20-7712, “Construction Management Services,” to Owen-Ames-Kimball Company, Jacobs Engineering Group Inc., Gates Group LLC d/b/a Gates Construction, AIM Construction Contracting LLC, Capital Consulting Solutions, DeAngelis Diamond Construction, and Wright Construction Group, Inc., and authorize the Chairman to sign the attached agreements. OBJECTIVE: To obtain multiple qualified companies to provide support services on an as needed basis in construction management services. CONSIDERATIONS: This IFQ sought companies willing to enter into contract management service contracts to provide complete construction management services for a wide range of projects. These services include, but are not limited to, value constructability review, managing deliverables, construction estimating, program management, scope and bid review. Projects under this agreement that exceed $500,000 for any one project require Board approval. On December 18, 2019, the Procurement Services Division released notices of IFQ No. 20-7712, Construction Management Services. Staff notified 21,047 firms, 153 firms viewed the solicitation information and the County received eighteen (18) proposals by the January 22, 2020 due date. Staff found seventeen of those firms responsive and responsible. Staff found SDP, Inc. d/b/a SDP Consultants Corporation non-responsive and non-responsible for not submitting the required criteria. On April 20, 2020, a selection committee met and scored and ranked each of the proposals. The following top seven firms are being recommended for award: (1) Owen-Ames-Kimball Company, (2) Jacobs Engineering Group Inc., (3) Gates Group LLC d/b/a Gates Construction, (4) AIM Construction Contracting LLC, (5) Capital Consulting Solutions, (6) DeAngelis Diamond Construction, and (7) Wright Construction Group, Inc. Staff is recommending that the Board approve the attached proposed agreements. The agreements are for an initial five-year term with an optional one-year renewal. The firms will be placed on a rotation method that promotes an even distribution of work. The hourly rates covered for the work under the agreements are constant for the five-year term, and any additional project specific rates that may be required will be negotiated prior to the acceptance of a proposal. FISCAL IMPACT: Funds are available in various department budgets that use these agreements. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval.-SRT GROWTH MANAGEMENT IMPACT: There is no direct impact on the Growth Management Plan. RECOMMENDATION: To award IFQ No. 20-7712, “Construction Management Services,” to Owen- Ames-Kimball Company, Jacobs Engineering Group Inc., Gates Group LLC d/b/a Gates Construction, AIM Construction Contracting LLC, Capital Consulting Solutions, DeAngelis Diamond Construction, and Wright Construction Group, Inc., and authorize the Chairman to sign the attached agreements. Prepared By: Evelyn Colon, Procurement Manager - Acquisitions 16.E.11 Packet Pg. 2532 07/14/2020 ATTACHMENT(S) 1. [Linked] 20-7712 AIMConstruction_VendorSigned (PDF) 2. [Linked] 20-7712 CapitalConsulting_VendorSigned (PDF) 3. [Linked] 20-7712 DeAngelisDiamond_VendorSigned (PDF) 4. [Linked] 20-7712 GatesGroup_VendorSigned (PDF) 5. 20-7712 Jacobs Engineering_VendorSigned (PDF) 6. [Linked] 20-7712 Owen-Ames-KimballCompany_VendorSigned (PDF) 7. [Linked] 20-7712 WrightConstruction_VendorSigned (PDF) 8. 20-7712 AIMConstruction_Insurance 7-2-20 (PDF) 9. 20-7712 CapitalConsulting_Insurance 7-2-2020 (PDF) 10. 20-7712 DeAngelisDiamond_Insurance 7-2-2020 (PDF) 11. 20-7712 GatesGroup_InsuranceGL 7-2-20 (PDF) 12. 20-7712 JacobsEngineering_Insurance 7-1-2020 (PDF) 13. 20-7712 GatesGroup_Insurance 7-7-20 (PDF) 14. 20-7712 Owen-Ames-KimballCompany_Insurance 6-30-2020 (PDF) 15. 20-7712 WrightConstruction_Insurance 7-1-2020 (PDF) 16. 20-7712 NORA (flat) (PDF) 17. 20-7712 Invitation for Qualification (IFQ) (DOCX) 16.E.11 Packet Pg. 2533 07/14/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.11 Doc ID: 12843 Item Summary: Recommendation to award Invitation for Qualification (“IFQ”) No. 20-7712, "Construction Management Services,” to Owen-Ames-Kimball Company, Jacobs Engineering Group Inc., Gates Group LLC d/b/a Gates Construction, AIM Construction Contracting LLC, Capital Consulting Solutions, DeAngelis Diamond Construction, and Wright Construction Group, Inc., and authorize the Chairman to sign the attached agreements. Meeting Date: 07/14/2020 Prepared by: Title: Procurement Specialist – Procurement Services Name: Evelyn Colon 07/02/2020 5:08 PM Submitted by: Title: Manager - Procurement – Procurement Services Name: Sandra Herrera 07/02/2020 5:08 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 07/02/2020 5:13 PM Procurement Services Evelyn Colon Additional Reviewer Completed 07/02/2020 5:17 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 07/05/2020 7:58 PM Administrative Services Department Paula Brethauer Level 1 Department Reviewer Completed 07/06/2020 8:59 AM Procurement Services Sandra Herrera Additional Reviewer Completed 07/06/2020 10:33 AM Administrative Services Department Len Price Level 2 Department Head Review Completed 07/07/2020 1:59 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 07/08/2020 8:47 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/08/2020 9:32 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 07/08/2020 9:36 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/08/2020 11:39 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/08/2020 2:05 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM 16.E.11 Packet Pg. 2534 MULTI=CONTRACTOR SERVICE AGREEMENT # 20-7712 for Construction Manaaement Services THIS AGREEMENT, made and entered into on this dayby and between AIM Construction Contracting, LLC , authorized to do business in the State of Florida, whose business address is 2161 Fowler Street, Suite 100, Fort Myers, FL 33901 (the 'Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. The Agreement shall be fora five ( 5 )year period, commencing upon ❑� date of Board approval and terminating five ( 5 ) years) from that date or until all outstanding Purchase Order(s) issued prior to the 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 one ( 1 ) 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 ❑{I F1 �� IMeI ❑ �f ��-�to �,~oce�� ❑� Work Order. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions ❑ €�e�—#�epe�} ❑ (�8} � Other Invitation for Qualification ( IFQ ) # 20-7712 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. Page 1 of 15 Multi -Contractor Service Agreement #2019-01 I CAS 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 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 0 The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. MOP e - ' - d 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. Contractor's quoted prices shall be based on Exhibit B- Fee Schedule. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Further requirements regarding the submission of quotations and the rotational method is found in Exhibit B. 4.1 Price Methodology (as selected below): 0•. NOW o•e - s FF - - s td 0 Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices Page 2 of 15 Multi -Contractor Service Agreement 42019-01 I CAS would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Further, the Contractor's quotations on a Time and Material shall be on a Not to Exceed Basis, where the County agrees to compensate the Contractor for work actually performed on a Hourly Basis, and, if specified in a Work Order, for incurred expenses, in a total amount not to exceed the sum provided in the Work Order. ; o.- MVIM LOA-o- - oo. o ,. -- -- a -- a - - - - - 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. Bfea t v A;.-fafe Y'tTYtWt nn+r��p,�n-�tiel + n�o+ l• lim•+ed + tour ic.+ �rM Cea-ehfIG^la refl z„�� Aettlo'"PY4enta-4�e�4imit. d :o c;;n:+pact�efA &taff daf4eize ve1&& "dgiee Aett+ai ceet of led-g-ieg at eingle jvjvi ee�y�ii Raf Aetumii-e W1 T x4 of _n_i_ree r+ I ; i n� {ate^ ;i�nt� AeY u a la eli'JC— '�`PfiF"Yi+'Y� t i 'ai'i'pQYC iu a fn� 1u""tv7��77����7�� M&C Re Page 3 of 15 Multi -Contractor Service Agreement #2019-011 lama I or G - RwrimGG OWN a - 5. SALES TAX. UHtractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: AIM Construction Contracting, LLC Address: 2161 Fowler Street, Suite 100 Fort Myers, Florida 33901 Attention Name &Title: Michael Marion, Principal Telephone: (239) 3324569 E-Mail(s): Mmarion aimengr.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name. Procurement Services Division Division Director: Sandra Herrera Address: 3295 Tamiami Trail East Administrative Agent/PM: Telephone: E-Mail(s): Naoles, Florida 34112 Evelyn Colon (239) 252-2667 Evelyn.Colonp,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. Page 4 of 15 Multi -Contractor Service Agreement #2019-01 1 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 until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION, The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑� Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability Page 5 of 15 Multi -Contractor Service Agreement #2019-011 CAO and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 0 Business Auto Liability: Coverage shall have minimum limits of $110001000 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. D. �■ Professional Liability: 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 waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $110003000 each claim and aggregate. RINA-7:12.3 now Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Page 6 of 15 Multi -Contractor Service Agreement #2019-01 I CEO 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. iLl 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. AGREEMENT ADMINISTRATION. This Agreement shall be administered the County by the Procurement Services Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ❑■ Exhibit A Scope of Services, ❑■ Exhibit B Fee Schedule, ❑ RFR ❑ 4�TB/0 Other Invitation for Qualification (IFQ) #20-7712 including Exhibits, Attachments and Addenda/Addendum, ❑ stbseq+ieM q"ue#es�, and ❑■ Other Exhibit/Attachment: Work Order 17. APPLICABILITY. Sections corresponding to any checked box (�) will expressly apply to the terms of this Agreement. Page 7 of 15 Multi -Contractor Service Agreement #2019-01 1 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 34112ME Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Page 8 of 15 Multi -Contractor Service Agreement #2019-011 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, 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. 23: 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. 24. 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. Page 9 of 15 Multi -Contractor Service Agreement #2019-01 1 CP„O 25. 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. ❑� 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. 27. ❑® ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 28. 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 Page 10 of 15 Multi -Contractor Service Agreement #2019-011 CQ,O assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 29. 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 County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. (Intentionally left blank -signature page to follow) Page 11 of 15 Multi -Contractor Service Agreement #2019-011 GAO 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: Crystal Kinzel, Clerk of Courts of the Circuit Court & Comptroller By: Dated: (SEAL) Contractor's is BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Burt L. Saunders Chairman itnesses: AIM Construction Contracting, LLC Contractor By: ne Signature / n TType/print signature and titleT TType/print witness nameT' �A& ,.ontracto(A Second Wit ess TType/print witness'nameT Approved as to Form and Legality: County Attorney Print Name Page 12 of 15 Multi -Contractor Service Agreement N2019-011 _ 59 0 following this page (pages ❑ this exhibit is not applicable Exhibit A Scope of Services through 2 ) Page 13 of 15 Multi -Contractor Service Agreement #2019-01 I IFQ # 204712 "Construction Management Services EXHIBIT A -SCOPE OF SERVICES The terms "CONSTRUCTION MANAGER" and "CONTRACTOR" will be used interchangeably throughout this Agreement. A. ASSIGNMENT OF WORK 1. A summary of work will be provided to one (1) of the contractors selected in a rotational method that ensures a relatively even distribution or work. 2. Construction Management Services, under this agreement, that exceed $500,000 for any one project, will require Board approval. 3. If the County is unable to negotiate an agreed rate for services with the CONSTRUCTION MANAGER, it will cease negotiations and move on to the next CONSTRUCTION MANAGER on the rotation list. B. SCOPE OF SERVICES 1. The CONSTRUCTION MANAGER will be responsible for providing complete construction services for a wide range of projects and are responsible for the overall management project. The Construction Manager provides key services such as constructability reviews, phasing and approach, program management review and recommendations, long term Operations and Maintenance (O&M) and is expected to introduce new technology and constructions methods. 1.2 The CONSTRUCTION MANAGER must be qualified and is directly responsible for 100% of the contracted work including all work performed by the CONSTRUCTION MANAGER'S in-house personnel or any subcontractors. In the event the CONSTRUCTION MANAGER does not "self=perform" any or all tasks within the specifications, and utilizes subcontractors, the CONSTRUCTION MANAGER 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. 1.3 CONSTRUCTION MANAGER may be involved in: Project Management Estimating Program Management Value Engineering/Constructability The above list is not intended to represent the entire CONSTRUCTION MANAGER portfolio, but rather, a sample of the various responsibilities that a CONSTRUCTION MANAGER may be requested to participate in for a Collier County project. 1.4 The CONSTRUCTION MANAGER shall provide such services through its own employees and/or may hire specialized subcontractors to perform all, or some portion of the construction management work. The services may be assigned into the following category dependent on the Scope of Work for each project. Comprehensive Construction Management services: The CONSTRUCTION MANAGER will be required to provide all services necessary and required for the inspection, management, coordination and administration of the Project, from commencement through substantial completion, final acceptance, and project close- out. Partial Construction Management services: Page 1 of 2 0 CA The CONSTRUCTION MANAGER shall provide partial Construction Management staffing as directed by the County Manager or their designee to supplement Construction Management services being provided by Collier County's in-house staff or by another Construction Management firm on a Collier County project. Consulting services: The CONSTRUCTION MANAGER will be required to provide construction consulting services in connection with Collier County's capital program. Page 2 of 2 C,Av Exhibit B FEE SCHEDULE ❑■ following this page (pages through ) ❑ this ext is not applicable Page 14 of 15 Multi -Contractor Service Agreement #2019-01 I CAS IFLt #20-7712 "Construction Manager Services" EXHIBIT B-FEE SCHEDULE Category Fee Principal/Principal-in-Charge $225600 Senior Project Manager $140600 Project Manager $110000 Assistant Project Manager $75.00 Senior Project Engineer $130600 Project Engineer $100600 Senior Inspector $110000 Inspector $93.00 Senior Estimator $110600 Estimator $75.00 Senior Superintendent $130400 Superintendent $96.00 Assistant Superintendent $90.00 Clerical/Administrative $45.00 BIM Technician/CADD Technician $90.00 CPM Scheduling Technician $90.00 Senior Construction Manager $160,00 Project Director/Preconstruction Manager $155,00 Corporate Safety Officer/Director $65.00 The above hourly rates are applicable to Time and Material tasks) only. The above list may not be all inclusive. Hourly rate for additional categories required to provide particular project services shall be mutually agreed upon by the County and Firm, in writing, on a project by project basis, as needed, and will be set forth in the Proposal agreed upon by the Parties. Further, the Contractor's quotations on a Time and Material shall be on a Not to Exceed Basis, where the County agrees to compensate the Contractor for work actually performed on a Hourly Basis, and, if specified in a Work Order, for incurred expenses, in a total amount not to exceed the sum provided in the Work Order. Description: Work Order Other Exhibiv uachment 0■ following this page (pages through ) Page 15 of 15 Multi -Contractor Service Agreement #2019-01 1 CAS WORK ORDER Contract 00-0000 "Name of Contract" Contract Expiration Date: , 20 This Work Order is for professional (describe) services for work known as: Project Name: Project No: The work is specified in the proposal dated , 20 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to: Name of Firm Scope of Work: As detailed in the attached proposal and the following: * Task I - * Task II Task III Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00-0000 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order, Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with following method(s): ❑Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material (T&M) (established hourly rate — Schedule A) ❑Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. PREPARED BY: APPROVED BY: APPROVED BY: Task I $ Task II $ Task III $ TOTAL FEE $ Name and Title (Dept Name) ,Division Director Date Date type name, Department Head Date By the signature below, the Firm (including employees,. officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: (Firm Name) Name &Title of Authorized Officer Date MULTI=CONTRACTOR SERVICE AGREEMENT # 20-7712 for Construction Manaaement Services THIS AGREEMENT, made and entered into on this day of , 2020 , by and between Capital Consulting Solutions, LLC , authorized to do business in the State of Florida, whose business address is 9010 Strada Stell Ct., Suite 108, Naples, FL 34109 (the 'Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. The Agreement shall be fora five ( 5 )year period, commencing date of Board approval - and terminating five year(s) from that date or until all outstanding Purchase Orders) issued expiration of the Agreement period have been completed or terminated. upon 0 _( 5 ) prior to the 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 one ( 1 ) 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 ❑ ���eer ❑tiee-tom sec -eel 0 Work Order. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions ❑ -F�} ❑ (�&} ❑® Other Invitation for Qualification ( IFQ ) # 20-7712 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0 The Contractor shall also provide services in accordance with Exhibit A —Scope of Services attached hereto. Page 1 of 15 Multi -Contractor Service Agreement #2019-011 CAS 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 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. 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. Contractor's quoted prices shall be based on Exhibit B- Fee Schedule. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Further requirements regarding the submission of quotations and the rotational method is found in Exhibit B. 4.1 Price Methodology (as selected below): �■ Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices Page 2 of 15 Multi -Contractor Service Agreement #2019-01 I would include number of hours worked and billing rate by position and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Further, the Contractor's quotations on a Time and Material shall be on a Not to Exceed Basis, where the County agrees to compensate the Contractor for work actually performed on a Hourly Basis, and, if specified in a Work Order, for incurred expenses, in a total amount not to exceed the sum provided in the Work Order. 11 wo - -o - .. : no o -:- - -gee MEN 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. lot CMMMMITjar in AMAMMOW AwFfaFe ccr�,-r�vr eeaEh-c s'r f�-r-e Pr&nt na-r-*Rxite-iak offipacz w &t&Rdar+d-E �.�. � chide'& Lodging AeWiM e8-&t of 4Gd-gip@ at e�ae ® ea�f—e8—+49fe Page 3 of 15 Multi -Contractor Service Agreement #2019-01 1 T. C. .rC - G .r. ._CAM ..a1z]:= MUD Mow. _. . .� C— G. G G.CG, 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name. Capital Consulting Solutions, LLC Address: 9010 Strada Stell Ct, Suite 108 Naples, Florida 34109 Attention Name &Title: Adam Ahmad, PE, AICP, GC Telephone: (239) 273-8894 E-Mail(s): info ,capitalengr.com / adam.ahmad(acapitalengi 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 Name. Procurement Services Division Division Director. Sandra Herrera Address: 3295 Tamiami Trail East Naples, Florida 34112 Administrative Agent/PM: Evelyn Colon Telephone: (239) 252-2667 E-Mail(s): Evelyn. Colon(a�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. Page 4 of 15 Multi -Contractor Service Agreement #2019-01 I CAv 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 until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. * Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability Page 5 of 15 Multi -Contractor Service Agreement #2019-01 1 CAv and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ❑� 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. D. 0 Professional Liability: 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 waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. BAB Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Page 6 of 15 Multi -Contractor Service Agreement #2019-011 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. 14 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. AGREEMENT ADMINISTRATION. This Agreement shall be administered the County by the Procurement Services Division on behalf of 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT, This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), 0 Exhibit A Scope of Services, FMExhibit B Fee Schedule, ❑ ❑ 4mTB/❑ Other Invitation for Qualification (IFQ) #20-7712 including Exhibits, Attachments and Addenda/Addendum, ❑ and 0 Other Exhibit/Attachment: Work Order _ 17. APPLICABILITY. Sections corresponding to any checked box (0) will expressly apply to the terms of this Agreement. Page 7 of 15 Multi -Contractor Service Agreement #2019-01 1 CAS 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 within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Page S of 15 Multi -Contractor Service Agreement #2019-011 C;Q.O 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. 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. 23. 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. 24. 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. Page 9 of 15 Multi -Contractor Service Agreement #2019-01 1 CAO 25. 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. - - - - - -- e- - - - -- -- - ^ e : r . rN on _ .. .. ... .. _ r _..� _. ... _�_ ... . .. . No as_..w-.___ .. r. -- sUM"Aam_ -- - SOV07WROwd ABABA Wr OWN 101 ❑® 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. 27. 0 ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 28. 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 Page 10 of 15 Multi -Contractor Service Agreement #2019-011 assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 29. SECURITY. The Contractor is required to comply with County Ordinance 200452, 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 County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. (Intentionally left blank -signature page to follow) Page 11 of 15 Multi -Contractor Service Agreement #2019-01 l FAO 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: Crystal Kinzel, Clerk of Courts of the Circuit Court & Comptroller Dated: (SEAL) Contractor's Witnesses: Contractor's First Witness BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Burt L. Saunders , Chairman Capital Consulting Solutions, LLC Contractor By: Signature _ Qdayn 6N ma d �NA�D K1e✓ TType/print signature and titleT TType/print witness name I nt or's Second Witness TType/print witness name I Approved as to Form and Legality: County Attorney Print Name Page 12 or IS Muni-ContraetorService Agreement U2019-011 ❑■ following this page (pages ❑ this exhibit is not applicable Exhibit A Scope of Services through 2 ) Page 13 of 15 Multi -Contractor Service Agreement #2019-011 CAO IFQ # 20-7712 "Construction Management Services EXHIBIT A -SCOPE OF SERVICES The terms "CONSTRUCTION MANAGER" and "CONTRACTOR" will be used interchangeably throughout this Agreement. A. ASSIGNMENT OF WORK 1. A summary of work will be provided to one (1) of the contractors selected in a rotational method that ensures a relatively even distribution or work. 2. Construction Management Services, under this agreement, that exceed $500,000 for any one project, will require Board approval. 3. If the County is unable to negotiate an agreed rate for services with the CONSTRUCTION MANAGER, it will cease negotiations and move on to the next CONSTRUCTION MANAGER on the rotation list. B. SCOPE OF SERVICES 1. The CONSTRUCTION MANAGER will be responsible for providing complete construction services for a wide range of projects and are responsible for the overall management project. The Construction Manager provides key services such as constructability reviews, phasing and approach, program management review and recommendations, long term Operations and Maintenance (O&M) and is expected to introduce new technology and constructions methods. 1.2 The CONSTRUCTION MANAGER must be qualified and is directly responsible for• 100% of the contracted work including all work performed by the CONSTRUCTION MANAGER's in-house personnel or any subcontractors. In the event the CONSTRUCTION MANAGER does not "self -perform" any or all tasks within the specifications, and utilizes subcontractors, the CONSTRUCTION MANAGER 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. 1.3 CONSTRUCTION MANAGER may be involved in; Project Management Estimating Program Management Value Engineering/Constructability The above list is not intended to represent the entire CONSTRUCTION MANAGER portfolio, but rather•, a sample of the various responsibilities that a CONSTRUCTION MANAGER may be requested to participate in for a Collier County project. 1.4 The CONSTRUCTION MANAGER shall provide such services through its own employees and/or may hire specialized subcontractors to perform all, or• some portion of the construction management work. The services may be assigned into the following category dependent on the Scope of Work for each project. Comprehensive Construction Management services: The CONSTRUCTION MANAGER will be required to provide all services necessary and required for the inspection, management, coordination and administration of the Project, from commencement through substantial completion, final acceptance, and project close- out. Partial Construction Management services: Page 1 of 2 CEO The CONSTRUCTION MANAGER shall provide partial Construction Management staffing as directed by the County Manager or their designee to supplement Construction Management services being provided by Collier County's in-house staff or by another Construction Management firm on a Collier County project. Consulting services: The CONSTRUCTION MANAGER will be required to provide construction consulting services in connection with Collier County's capital program. Page 2 of 2 CAO Exhibit B FEE SCHEDULE ❑■ following this page (pages through ) ❑ this exhibit is not applicable Page 14 of 15 Multi -Contractor Service Agreement #2019-01 I CAO IFQ #20-7712 "Construction Manager Services" EXHIBIT B-FEE SCHEDULE Category Fee Principal/Principakin-Charge $225.00 Senior Project Manager $140400 Project Manager $110400 Assistant Project Manager $75.00 Senior Project Engineer $130.00 Project Engineer $100600 Senior Inspector $110,00 Inspector $93.00 Senior Estimator $110600 Estimator $75.00 Senior Superintendent $130,00 Superintendent $96.00 Assistant Superintendent $90.00 Clerical/Administrative $45.00 BIM Technician/CADD Technician $90.00 CPM Scheduling Technician $90.00 Senior Construction Manager $160600 Project Director/Preconstruction Manager $155.00 Corporate Safety Officer/Director $65.00 The above hourly rates are applicable to Time and Material tasks) only. The above list may not be all inclusive. Hourly rate for additional categories required to provide particular project services shall be mutually agreed upon by the County and Firm, in writing, on a project by project basis, as needed, and will be set forth in the Proposal agreed upon by the Parties. Further, the Contractor's quotations on a Time and Material shall be on a Not to Exceed Basis, where the County agrees to compensate the Contractor for work actually performed on a Hourly Basis, and, if specified in a Work Order, for incurred expenses, in a total amount not to exceed the sum provided in the Work Order. Description: Work Order Other ExhibiVAttachment ❑v following this page (pages through ) Page 15 of 15 Multi -Contractor Service Agreement #2019-01 1 WORK ORDER Contract 00-0000 "Name of Contract" Contract Expiration Date: , 20 This Work Order is for professional (describe) services for work known as: Project Natne: Project No: The work is speced in the proposal dated , 20 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to: Name of Firm Scope of Work: As detailed in the attached proposal and the following: * Task I - Task II * Task III Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Wot•k Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00-0000 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with following method(s): EINegotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material (T&M) (established hourly rate — Schedule A) ❑Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. PREPARED BY: APPROVED BY: APPROVED BY: Task I $ Task II $ Task III $ TOTAL FEE $ Name and Title (Dept Name) ,Division Dit•ector Date Date type name, Department Head Date By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: (Firm Name) Name &Title of Authorized Officer• I CAO MULTI=CONTRACTOR SERVICE AGREEMENT # 20-7712 for Construction Manaaement Services THIS AGREEMENT, made and entered into on this day of and between DeAngelis Diamond Construction, LLC authorized to do business in the State of Florida, whose business address is 6635 Willow Park Drive, Naples, FL 34109 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. The Agreement shall be fora five ( 5 )year period, commencing upon ❑■ date of Board approval n�� and terminating five ( 5 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for one ( 1 ) 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 ❑ use-Or-c�er ❑ yeti^^ +^ ��^^^^� 0 Work Order. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions ❑ Fes} ❑ (+�-} ❑■ Other Invitation for Qualification ( IFQ ) # 20-7712 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. RE The Contractor shall also provide services in accordance with Exhibit A —Scope of Services attached hereto. Page 1 of 15 Multi -Contractor Service Agreement #2019-01 I CAO 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 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. 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. Contractor's quoted prices shall be based on Exhibit B- Fee Schedule. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Further requirements regarding the submission of quotations and the rotational method is found in Exhibit B. 4.1 Price Methodology (as selected below): 0 Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices Page 2 of 15 Multi -Contractor Service Agreement 42019-01 l CAS would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Further, the Contractor's quotations on a Time and Material shall be on a Not to Exceed Basis, where the County agrees to compensate the Contractor for work actually performed on a Hourly Basis, and, if specified in a Work Order, for incurred expenses, in a total amount not to exceed the sum provided in the Work Order. OW C .0 - bwo -. - --. Y-_ Y _. P E qb 41 r r. no do 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. -_ � ■ .; -- a .: a r - r,e �- -.. - .- -_ KWQ --. -. &Feakfaisrt 07UV I fate. /�,,�.,t}' +1^ II ++ I.n} nr� } I'm'}nrJ Y`'a'f`C�'GS'Cii'�Ci � �irt-f'197"ci-"-�'C�`["rl Y'tt Reiitakaafl4efl"tLY, .`'a3te44009 t"ef } r& rl c�i-� viii vle G JILI� -Ledgillg Aetua14 eG&t of 18dgi-Rg at 9ff���_ e e }#h- a}�-of- efe n n Imo- 1 ig,tl:1�Uy1y" /(/y\�V�• j&a4I e l ii I��]Vp'VVI� t l'I Lea%\i�l /I �\metu 4 I I V 16 Re Page 3 of 15 Multi -Contractor Service Agreement #2019-011 .. . ,. ._ r . ... . . . . w w . r. .. ► �._ v n '.. r.. ...... rw. v. L.Z vG 72 r- _.. v,_. .. . v �_. . . �.. _... _r. �.. MW �. • w . .. w _.. w . . 0 • _. . •. w _ �......e. .. . .. ._. Yam_. ___r . ♦ w 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: DeAngelis Diamond Construction, LLC Address: 6635 Willow Park Drive Naples, FL 34109 Attention Name & Title: Robert Lewis Telephone: (239) 594-1994 E-Mail(s): Roberti _deangelisdiamond.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Procurement Services Division Division Director: Sandra Herrera Address: 3295 Tamiami Trail East Naples, Florida 34112 Administrative Agent/PM: Evelyn Colon Telephone: (239) 252-2667 E-Mail(s): Evelyn. Colonpcolliercountyfl.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. Page 4 of 15 Multi -Contractor Service Agreement #2019-011 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 until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. 0 Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability Page 5 of 15 Multi -Contractor Service Agreement #2019-01 1 CAS and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ❑W Business Auto Liability: Coverage shall have minimum limits of $ I X01000 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. D. �■ Professional Liability: 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 waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Page 6 of 15 Multi -Contractor Service Agreement #2019-01 I FAO 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 Procurement Services Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), 0 Exhibit A Scope of Services, ❑0 Exhibit B Fee Schedule, El❑/� Other Invitation for Qualification (IFQ) #20-7712 including Exhibits, Attachments and Addenda/Addendum, ❑ ems and 0 Other Exhibit/Attachment: Work Order 17. APPLICABILITY. Sections corresponding to any checked box (FMI) will expressly apply to the terms of this Agreement. Page 7 of 15 Multi -Contractor Service Agreement #2019-01 I 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 I 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 34112ME Telephone: (239) 252=8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Page 8 of 15 Multi -Contractor Service Agreement #2019-01 I 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. 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. 23. 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. 24. 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. Page 9 of 15 Multi -Contractor Service Agreement #2019-011 25. 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. - . • .. -. . - - ^^ - -blate .. -. . - - - -r - - - - pill ❑® 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. 27. 0 ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 28. 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 Page 10 of I5 Multi -Contractor Service Agreement #2019-011 FAO assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 29. 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 shalt immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. (Intentionally left blank -signature page to follow) Page I1 of 15 Multi -Contractor Service Agreement #2019-01 I GAO 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: Crystal Kinzel, Clerk of Courts of the Circuit Court & Comptroller By: Dated: (SEAL) Contractor's Witnesses: o tractor's irst Wit C��r�Shat'1y-t.��l�l TType/print witness nam 0 0 p Contract s Sec d Witness R644 TType/print witness nameT Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA la Burt L. Saunders , Chairman DeAngelis Diamond Construction, LLC Contractor Signature TType/print signature and titleT Page 12 of 15 Multi -Contractor Service Agreement 112019-01 1 ❑� following this page (pages ❑ this exhibit is not applicable Exhibit A Scope of Services through 2 ) Page 13 of 15 Multi -Contractor Service Agreement #2019-011 CAU IFQ # 204712 "Construction Management Services 7 EXHIBIT A -SCOPE OF SERVICES The terms "CONSTRUCTION MANAGER" and "CONTRACTOR" will be used interchangeably throughout this Agreement. A. ASSIGNMENT OF WORK 1. A summary of work will be provided to one (1) of the contractors selected in a rotational method that ensures a relatively even distribution or work. 2. Construction Management Services, under this agreement, that exceed $500,000 for any one project, will require Board approval. 3. If the County is unable to negotiate an agreed rate for services with the CONSTRUCTION MANAGER, it will cease negotiations and move on to the next CONSTRUCTION MANAGER on the rotation list. B. SCOPE OF SERVICES 1. The CONSTRUCTION MANAGER will be responsible for pt•oviding complete construction services for a wide range of projects and are responsible for the overall management project. The Construction Manager provides key services such as constructability reviews, phasing and approach, program management review and recommendations, long term Operations and Maintenance (O&M) and is expected to introduce new technology and constructions methods. 1.2 The CONSTRUCTION MANAGER must be qualified and is directly responsible for 100% of the contracted work including all work performed by the CONSTRUCTION MANAGER'S in-house personnel or any subcontractors. In the event the CONSTRUCTION MANAGER does not "self -perform" any or all tasks within the specifications, and utilizes subcontractors, the CONSTRUCTION MANAGER 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. 1.3 CONSTRUCTION MANAGER may be involved in: Project Management Estimating Program Management Value Engineering/Constructability The above list is not intended to represent the entire CONSTRUCTION MANAGER portfolio, but rather, a sample of the various responsibilities that a CONSTRUCTION MANAGER may be requested to participate in for a Collier County project. 1.4 The CONSTRUCTION MANAGER shall provide such services through its own employees and/ot• may hire specialized subcontractors to perform all, or some portion of the construction management work. The services may be assigned into the following category dependent on the Scope of Work for each project. Comprehensive Construction Management services: The CONSTRUCTION MANAGER will be required to provide all services necessary and required for the inspection, management, coordination and administration of the Project, from commencement through substantial completion, final acceptance, and project close- out. Partial Construction Management services: Page 1 of 2 CAU The CONSTRUCTION MANAGER shall provide partial Construction Management staffing as directed by the County Manager or their designee to supplement Construction Management services being provided by Collier County's in-house staff or by another Construction Management firm on a Collier County project. Consulting services: The CONSTRUCTION MANAGER will be required to provide construction consulting services in connection with Collier County's capital program. Page 2 of 2 CAO 0 following this page (pages ❑ this exhibit is not applicable Exhibit B FEE SCHEDULE through . ) Page 14 of 15 Multi -Contractor Service Agreement #2019-011 CAO IFQ #20-7712 "Construction Manager Services" EXHIBIT B-FEE SCHEDULE Category Fee Principal/Principal-in-Charge $225,00 Senior Project Manager $140,00 Project Manager $110400 Assistant Project Manager $75.00 Senior Project Engineer $65.00 Project Engineer $50.00 Senior Inspector $110000 Inspector $93.00 Senior Estimator $110000 Estimator $75.00 Senior Superintendent $130400 Superintendent $96.00 Assistant Superintendent $90.00 Clerical/Administrative $45.00 BIM Technician/CADD Technician $90.00 CPM Scheduling Technician $90.00 Senior Construction Manager $160600 Project Director/Preconstruction Manager $155.00 Corporate Safety Officer/Director $65.00 The above hourly rates are applicable to Time and Material tasks) only. The above list may not be all inclusive. Hourly rate for additional categories required to provide particular project services shall be mutually agreed upon by the County and Firm, in writing, on a project by project basis, as needed, and will be set forth in the Proposal agreed upon by the Parties. Further, the Contractor's quotations on a Time and Material shall be on a Not to Exceed Basis, where the County agrees to compensate the Contractor for work actually performed on a Hourly Basis, and, if specified in a Work Order, for incurred expenses, in a total amount not to exceed the sum provided in the Work Order. Description: Work Order 0❑ following this page (pages Other Exhibit/Attachment through ) Page 15 of 15 Multi -Contractor Service Agreement #2019-011 WORK ORDER Contract 00-0000 "Name of Contract" Contract Expiration Date: , 20 This Work Order is for professional (describe) services for work known as: Project Name: Project No: The work is speced in the proposal dated , 20 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to: Name of Firm Scope of Work: As detailed in the attached proposal and the following: * Task I - Task II * Task III Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00-0000 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with following method(s): EINegotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material (T&M) (established hourly rate — Schedule A) ❑Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. PREPARED BY: APPROVED BY: APPROVED BY: Task I $ Task II $ Task III $ TOTAL FEE $ Name and Title (Dept Name) ,Division Director type name, Department Head Date Date Date By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: (Firm Name) Name &Title of Authorized Officer I MULTI -CONTRACTOR SERVICE AGREEMENT # 20-7712 foI Construction Management Services THIS AGREEMENT, made and entered into on this day of 2020 by and between Gates Group LLC DBA Gates Construction authorized to do business in the State of Florida, whose business address is 27599 Riverview Center Blvd., Suite 205 Bonita Springs, FL 34134 ,(the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. The Agreement shall be fora five ( 5 )year period, commencing upon 0 date of Board approval er an - and terminating five ( 5 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for one ( 1 ) 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 ❑ 9rde� ❑ ttie-e-to-oeeec ❑® Work Order. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions ❑ ��� ❑ (�} ❑� Other Invitation for Qualification ( IFQ ) # 20-7712 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. Page 1 of 15 Multi -Contractor Service Agreement #2019-01 1 CAS 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 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 0 The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 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. Contractor's quoted prices shall be based on Exhibit B. Fee Schedule. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Further requirements regarding the submission of quotations and the rotational method is found in Exhibit B. 4.1 Price Methodology Inc selected below): ❑o Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices Page 2 of 15 Multi -Contractor Service Agreement #2019-011 CAO would include number of hours worked and billing rate by position and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Further, the Contractor's quotations on a Time and Material shall be on a Not to Exceed Basis, where the County agrees to compensate the Contractor for work actually performed on a Hourly Basis, and, if specified in a Work Order, for incurred expenses, in a total amount not to exceed the sum provided in the Work Order. ■ - -- - .a - : e ow -- - - - - - .o-.s -:- �: : - ON . _ --- - - : .-:�WV-KM - - -: e- IY.Yi'Y.1�Yr I�� Ian l�lt'��IYIY�►.I�.iY� Ii.n 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)I as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. - - ,, MEN IIIa: e - v ..- J•MICA Page 3 of 15 Multi -Contractor Service Agreement #2019-01 I CAE) No Am ON AV ...�.. ... ..MrAh. &I 0 .0 'S.' r ll .. i . C - ... .. .. . .. _ . C C L r .. - 0i?.._ . .O . 0. ..- .. r e _ C.... 5. SALES TAX. UHtractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Address: Attention Name &Title: Telephone: E-Mail(s): Gates Group LLC DBA Gates Construction 27599 Riverview Center Blvd, Suite 205 Bonita Springs, FL 34134 John A. Hayes, President &CEO (239) 593-3777 J Hayesp.gatesinc.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Procurement Services Divisio Division Director: Administrative Agent/PM: Telephone: E-Mail(s): Sandra Herrera Evelyn Colon (239) 252-2667 Eno velyn.Colon (a colliercountyf1.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. Page 4 of 15 Multi -Contractor Service Agreement #2019-01 1 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 until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑■ Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability Page 5 of 15 Multi -Contractor Service Agreement #2019-01 1 CAS and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ❑e Business Auto Liability: Coverage shall have minimum limits of $11000,000 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. D. �■ Professional Liability: 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 waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Page 6 of 15 Multi -Contractor Service Agreement #2019-011 EAU 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 Procurement Services 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), a❑ Exhibit A Scope of Services, ❑M Exhibit B Fee Schedule, ❑ RFR ❑ +TB/❑■ Other Invitation for Qualification (IFQ) #20-7712 including Exhibits, Attachments and Addenda/Addendum, ❑ &wbeequef:4 ue queand FM Other Exhibit/Attachment: Work Order 17. APPLICABILITY. Sections corresponding to any checked box( ❑i )will expressly apply to the terms of this Agreement. Page 7 of 15 Multi -Contractor Service Agreement #2019-011 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 34112MEN Telephone: (239) 252=8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Page 8 of 15 Multi -Contractor Service Agreement 92019-011 CAv 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. 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. 23. 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. 24. 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. Page 9 of 15 Multi -Contractor Service Agreement 82019-011 25. 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. -• - - WWI MA� � 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. 27. 0 ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 28. 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 Page 10 of 15 Multi -Contractor Service Agreement #2019-01 I assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 29. 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 County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. (Intentionally left blank -signature page to follow) Page 11 of 15 Multi -Contractor Service Agreement #2019-011 CAn 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: Crystal Kinzel, Clerk of Courts of the Circuit Court & Comptroller 0 Dated: (SEAL) Contractor's Witnesses: Contra is First Witness oA;;N TTypelprint wit"ss narr4T Contractor's Sedond Witness TTypelprint witness nameT Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Burt L. Saunders Chairman Gates Group LLC TBA Gates Construction Contractor By: SignCure TTypelprint signature and titleT �st v-r c*5t�l Page 12 of 15 Multi -Contractor Service Agreentem N2019.011 ■❑ following this page (pages ❑ this exhibit is not applicable Exhibit A Scope of Services through 2 ) Page 13 of 15 Multi -Contractor Service Agreement #2019-01 l IFQ # 20-7712 "Construction Management Services 1 EXHIBIT A -SCOPE OF SERVICES The terms "CONSTRUCTION MANAGER" and "CONTRACTOR" will be used interchangeably throughout this Agreement. A. ASSIGNMENT OF WORK 1. A summary of work will be provided to one (1) of the contractors selected in a rotational method that ensures a relatively even distribution or work. 2. Construction Management Services, under this agreement, that exceed $500,000 for any one project, will require Board approval. 3. If the County is unable to negotiate an agreed rate for services with the CONSTRUCTION MANAGER, it will cease negotiations and move on to the next CONSTRUCTION MANAGER on the rotation list. B. SCOPE OF SERVICES 1. The CONSTRUCTION MANAGER will be responsible for providing complete construction services for a wide range of projects and are responsible for the overall management project. The Construction Manager provides key services such as constructability reviews, phasing and approach, program management review and recommendations, long term Operations and Maintenance (O&M) and is expected to introduce new technology and constructions methods. 1.2 The CONSTRUCTION MANAGER must be qualified and is directly responsible for 100% of the contracted work including all work performed by the CONSTRUCTION MANAGER's in-house personnel or any subcontractors. In the event the CONSTRUCTION MANAGER does not "self -perform" any or all tasks within the specifications, and utilizes subcontractors, the CONSTRUCTION MANAGER 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. 1.3 CONSTRUCTION MANAGER may be involved in: Project Management Estimating Program Management Value Engineering/Constructability The above list is not intended to represent the entire CONSTRUCTION MANAGER portfolio, but rather, a sample of the various responsibilities that a CONSTRUCTION MANAGER may be requested to participate in for a Collier County project. 1.4 The CONSTRUCTION MANAGER shall provide such services through its own employees and/or may hire specialized subcontractors to perform all, or some portion of the construction management work. The services may be assigned into the following category dependent on the Scope of Work for each project. Comprehensive Construction Management services: The CONSTRUCTION MANAGER will be required to provide all services necessary and required for the inspection, management, coordination and administration of the Project, from commencement through substantial completion, final acceptance, and project close- out. Partial Construction Management services: Page 1 of 2 CAU The CONSTRUCTION MANAGER shall provide partial Construction Management staffing as directed by the County Manager or their designee to supplement Construction Management services being provided by Collier County's in-liouse staff or by another Construction Management firm on a Collier County project. Consulting services: The CONSTRUCTION MANAGER will be required to provide construction consulting services in connection with Collier County's capital program. Page 2 of 2 CAS Exhibit B FEE SCHEDULE following this page (pages through ) ❑ this ext is not applicable Page 14 of 15 Multi -Contractor Service Agreement #2019-011 IFQ #20-7712 "Construction Manager Services" EXHIBIT B-FEE SCHEDULE Category Fee Principal/Principakin-Charge $225.00 Senior Project Manager $140,00 Project Manager $110,00 Assistant Project Manager $75.00 Senior Project Engineer $65.00 Project Engineer $50.00 Senior Inspector $110,00 Inspector $93.00 Senior Estimator $110400 Estimator $75.00 Senior Superintendent $130000 Superintendent $96.00 Assistant Superintendent $90.00 Clerical/Administrative $45.00 BIM Technician/CADD Technician $90.00 CPM Scheduling Technician $90.00 Senior Construction Manager $160,00 Project Director/Preconstruction Manager $155,00 Corporate Safety Officer/Director $65.00 The above hourly rates are applicable to Time and Material tasks) only. The above list may not be all inclusive. Hourly rate for additional categories required to provide particular project services shall be mutually agreed upon by the County and Firm, in writing, on a project by project basis, as needed, and will be set forth in the Proposal agreed upon by the Parties. Further, the Contractor's quotations on a Time and Material shall be on a Not to Exceed Basis, where the County agrees to compensate the Contractor for work actually performed on a Hourly Basis, and, if specified in a Work Order, for incurred expenses, in a total amount not to exceed the sum provided in the Work Order. Description: Work Order Other Exhibiv ttachment ❑� following this page (pages through ) Page 15 of 15 Multi -Contractor Service Agreement #2019-01 I CAO WORK ORDER Contract 00-0000 "Name of Contract' Contract Expiration Date: , 20, This Work Order is for professional (describe) services for work known as: Project Name: Project No: The work is specified in the proposal dated , 20 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to: Name of Firm Scope of Work: As detailed in the attached proposal and the following: * Task I - * Task II * Task III Schedule of Work; Complete work within days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00-0000 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with following method(s): ❑Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material (T&M) (established hourly rate — Schedule A) ❑Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. PREPARED BY: APPROVED BY: Task I $ Task II $ Task III $ TOTAL FEE Name and Title (Dept Name) ,Division Director 0 Date Date type name, Department Head Date By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: (Firm Name) Name &Title of Authorized Officer Date 16.E.11.ePacket Pg. 2535Attachment: 20-7712 Jacobs Engineering_VendorSigned (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.ePacket Pg. 2536Attachment: 20-7712 Jacobs Engineering_VendorSigned (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.ePacket Pg. 2537Attachment: 20-7712 Jacobs Engineering_VendorSigned (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.ePacket Pg. 2538Attachment: 20-7712 Jacobs Engineering_VendorSigned (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.ePacket Pg. 2539Attachment: 20-7712 Jacobs Engineering_VendorSigned (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.ePacket Pg. 2540Attachment: 20-7712 Jacobs Engineering_VendorSigned (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.ePacket Pg. 2541Attachment: 20-7712 Jacobs Engineering_VendorSigned (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.ePacket Pg. 2542Attachment: 20-7712 Jacobs Engineering_VendorSigned (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.ePacket Pg. 2543Attachment: 20-7712 Jacobs Engineering_VendorSigned (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.ePacket Pg. 2544Attachment: 20-7712 Jacobs Engineering_VendorSigned (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.ePacket Pg. 2545Attachment: 20-7712 Jacobs Engineering_VendorSigned (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.ePacket Pg. 2546Attachment: 20-7712 Jacobs Engineering_VendorSigned (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.ePacket Pg. 2547Attachment: 20-7712 Jacobs Engineering_VendorSigned (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.ePacket Pg. 2548Attachment: 20-7712 Jacobs Engineering_VendorSigned (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.ePacket Pg. 2549Attachment: 20-7712 Jacobs Engineering_VendorSigned (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.ePacket Pg. 2550Attachment: 20-7712 Jacobs Engineering_VendorSigned (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.ePacket Pg. 2551Attachment: 20-7712 Jacobs Engineering_VendorSigned (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.ePacket Pg. 2552Attachment: 20-7712 Jacobs Engineering_VendorSigned (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.ePacket Pg. 2553Attachment: 20-7712 Jacobs Engineering_VendorSigned (12843 : Award IFQ 20-7712 Construction Management Services) MULTI -CONTRACTOR SERVICE AGREEMENT # 20-7712 for Construction Manaqement Services THIS AGREEMENT, made and entered into on this day of 20 20 by and between O-A-K/Florida, Inc. DBA Owen -Ames -Kimball Company , authorized to do business in the State of Florida, whose business address is 11941 Fairway Lakes Drive, Fort Myers,_FL 33913 ,(the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. The Agreement shall be fora five ( 5 )year period, commencing upon 0 date of Board approval ��-o-aT- and terminating five ( 5 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for one ( 1 ) 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 ❑ F1� I� ❑ t+e�-te r�eee� Work Order. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions ❑ ❑ t�d+tat+e►�e-B-i� (�} ❑s Other Invitation for Qualification ( IFQ ) # 20-7712 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. Page 1 of 15 Multi -Contractor Service Agreement #2019-01 I CEO 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 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. 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. Contractor's quoted prices shall be based on Exhibit B- Fee Schedule. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Further requirements regarding the submission of quotations and the rotational method is found in Exhibit B. 4.1 Price Methodology (as selected below): ❑� Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices Page 2 of 15 Multi -Contractor Service Agreement #2019-011 would include number of hours worked and billing rate by position (and not company or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Further, the Contractor's quotations on a Time and to Exceed Basis, where the County agrees to for work actually performed on a Hourly Basis, Order, for incurred expenses, in a total amount not the Work Order.AAAAAA Material shall be compensate the and, if specified to exceed the sum Contractor in a Work provided in 'AAA- Mot919 AIR - . , - C Cio, r XVIV; funds142 Any County agency may obtain services under this Agreement, provided •'• in their • ••- 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. Page 3 of 15 Multi -Contractor Service Agreement #2019-011 AO, - M�O _. ,. r. i-.. ....E 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: O-A-K/Florida, Inc. DBA Owen -Ames -Kimball Company Address: 11941 Fairway Lakes Drive Fort Mvers, FL 33913 Attention Name &Title: David J. Dale, President Telephone: (239) 304-9746 / (239) 340-1753 E-Mail(s): ddale oakfl.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Procurement Services Division Division Director: Sandra Herrera Address: 3295 Tamiami Trail East Naples, Florida 34112 Administrative Agent/PM: Evelyn Colon Telephone: (239) 252-2667 E-Mail(s): Evelyn Colon c colIiercountyf1.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 riti wng. 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. Page 4 of 15 Multi -Contractor Service Agreement t12019-01 1 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 until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION, The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A, FMJ Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability Page 5 of 15 Multi -Contractor Service Agreement #2019-01 I and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 0 Business Auto Liability: Coverage shall have minimum limits of $11000,000 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. D. ❑i Professional Liability: 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 waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Page 6 of 15 Multi -Contractor Service Agreement #2019-01 I 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. 14 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. AGREEMENT ADMINISTRATION. This Agreement shall the County by the Procurement Services Division be administered on behalf of 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 g componen followint 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, JEJ Exhibit B Fee Schedule, ElRLFZW ❑ +TB/M Other Invitation for Qualification (IFQ) #20J712 including Exhibits, Attachments and Addenda/Addendum, ❑ elga and Other Exhibit/Attachment: Work Order 17. APPLICABILITY. Sections corresponding to any checked box (0) will expressly apply to the terms of this Agreement. Page 7of15 Multi -Contractor Service Agreement #2019-011 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 I 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 within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Page 8 of 15 Multi -Contractor Service Agreement #2019-01 I 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. 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. 23. 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. 24. 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. Page 9 of 15 Multi -Contractor Service Agreement 92019-011 25. 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. 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. 27. 0 ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. Mmi -...p. •- - .. - - . Avjkw-r....-- it R 28. 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 Page 10 of 15 Multi -Contractor Service Agreement #2019-01 1 assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 29. SECURITY. The Contractor is required to comply with County Ordinance 200452, 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 County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. (Intentionally left blank -signature page to follow) Page 11 of 15 Multi -Contractor Service Agreement #2019-01 I 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: Crystal Kinzel, Clerk of Courts of the Circuit Court & Comptroller By: Dated: (SEAL) Contractor's Witnesses: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Burt L. Saunders , Chairman O-A-K/Florida,lnc. DBA Owen -Ames -Kimball Contractor Co tractor's First Witness S atur Type/print signature and TType/print witness nameT Contractor's Second Witness �2�. la Qx TType/print witness nameT Approved as to Form and Legality: County Attorney Print Name Page 12 of IS Multi -Contractor Service Agreement k2019-01 I 04 W following this page (pages ❑ this exhibit is not applicable Exhibit A Scope of Services through 2 ) Page 13 of 15 Multi -Contractor Service Agreement #2019-01 I GAO IFQ # 20-7712 "Construction Management Services EXHIBIT A -SCOPE OF SERVICES The terms "CONSTRUCTION MANAGER" and "CONTRACTOR" will be used interchangeably throughout this Agreement. A. ASSIGNMENT OF WORK 1. A summary of work will be provided to one (1) of the contractors selected in a rotational method that ensures a relatively even distribution or work. 2. Construction Management Services, under this agreement, that exceed $500,000 for any one project, will require Board approval. 3. If the County is unable to negotiate an agreed rate for services with the CONSTRUCTION MANAGER, it will cease negotiations and move on to the next CONSTRUCTION MANAGER on the rotation list. B. SCOPE OF SERVICES 1. The CONSTRUCTION MANAGER will be responsible for providing complete construction services for a wide range of projects and are responsible for the overall management project. The Construction Manager provides key services such as constructability reviews, phasing and approach, program management review and recommendations, long term Operations and Maintenance (O&M) and is expected to introduce new technology and constructions methods. 1.2 The CONSTRUCTION MANAGER must be qualified and is directly responsible for 100% of the contracted work including all work performed by the CONSTRUCTION MANAGER's in-house personnel or any subcontractors. In the event the CONSTRUCTION MANAGER does not "self -perform" any or all tasks within the specifications, and utilizes subcontractors, the CONSTRUCTION MANAGER 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. 1.3 CONSTRUCTION MANAGER may be involved Project Management Estimating Program Management Value Engineering/Constructability The above list is not intended to represent the entire CONSTRUCTION MANAGER portfolio, but rather, a sample of the various responsibilities that a CONSTRUCTION MANAGER may be requested to participate in for a Collier County project. 1.4 The CONSTRUCTION MANAGER shall provide such services through its own employees and/or• may hire specialized subcontr•actor•s to perform all, or some portion of the construction management work. The services may be assigned into the following category dependent on the Scope of Work for each project. Comprehensive Construction Management services: The CONSTRUCTION MANAGER will be required to provide all services necessary and required for the inspection, management, coordination and administration of the Project, fiorn commencement through substantial completion, final acceptance, and project close- out. Partial Construction Management services: Page 1 of 2 The CONSTRUCTION MANAGER shall provide partial Construction Management staffing as directed by the County Manager or their designee to supplement Construction Management services being provided by Collier County's in-house staff or by another Construction Management firm on a Collier County project. Consulting services: The CONSTRUCTION MANAGER will be required to provide construction consulting services in connection with Collier County's capital program. Page 2 of 2 CAO Exhibit B FEE SCHEDULE ❑� following this page (pages through ) ❑ this exhibit is not applicable Page 14 of 15 Multi -Contractor Service Agreement #2019-01 I CAO IFQ #20-7712 "Construction Manager Services" EXHIBIT B-FEE SCHEDULE Category Fee Principal/Principal-in-Charge $225,00 Senior Project Manager $140900 Project Manager $110400 Assistant Project Manager $75.00 Senior Project Engineer $65.00 Project Engineer $50.00 Senior Inspector $110.00 Inspector $93.00 Senior Estimator $110400 Estimator $75.00 Senior Superintendent $130,00 Superintendent $96.00 Assistant Superintendent $90.00 Clerical/Administrative $45.00 BIM Technician/CADD Technician $90.00 CPM Scheduling Technician $90.00 Senior Construction Manager $160.00 Project Director/Preconstruction Manager $155,00 Corporate Safety Officer/Director $65.00 The above hourly rates are applicable to Time and Material tasks) only. The above list may not be all inclusive. Hourly rate for additional categories required to provide particular project services shall be mutually agreed upon by the County and Firm, in writing, on a project by project basis, as needed, and will be set forth in the Proposal agreed upon by the Parties. Further, the Contractor's quotations on a Time and Material shall be on a Not to Exceed Basis, where the County agrees to compensate the Contractor for work actually performed on a Hourly Basis, and, if specified in a Work Order, for incurred expenses, in a total amount not to exceed the sum provided in the Work Order. CAU Description: Work Order Other ExhibiUAttachment ❑7 following this page (pages through ) Page 15 of 15 Multi -Contractor Service Agreement #2019-01 l CAO WORK ORDER Contract 00-0000 "Name of Contract" Contract Expiration Date: , 20 This Work Order is for professional (describe) services for work known as: Project Name: Project No: The work is specified in the proposal dated , 20 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to: Name of Firm Scope of Work: As detailed in the attached proposal and the following: * Task I - Task II * Task III Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00-0000 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with following method(s): ❑Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material (T&M) (established hourly rate — Schedule A) ❑Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. PREPARED BY: APPROVED BY: APPROVED BY: Task I $ Task II $ Task III $ TOTAL FEE $ Name and Title (Dept Name) ,Division Director type name, Department Head Date Date By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: (Firm Name) Name &Title of Authorized Officer Date -CO GREEMEN # 20-7712 for Construction Management Services THIS AGREEMENT, made and entered into on this and between Wright Construction Group,Inc, day of 20 20 by authorized to do business in the State of Florida, whose business address i 5811 Youn uist Road, Fort Myers, FL 33912 s "Contractor") and Collier County, a political subdivision of the State of Florida, (he "Count WITNESSETHa 1 • The Agreement shall be fora five er-❑- ( 5 year period, commencing upon date of Board approvaland termlinatin five year(s) from that date or until all outstanding Pu chase Order(g) 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 o-- ne ( 1 )additional one 1 .) year(s) periods, The County the Contractor written notice of the County's intention to renew theAgreement term give to the end of the Agreement term then in effect. prior 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 w issuance of a ❑ "era ❑ Work Order, the ork upon 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions ❑ ❑ Other Invitation for Qualification (q43) includall Attachment(s)Exhibit(s) and Addenda and the Clontrac or's2pro referred to 0-7712 herein and made an integral part of this Agreement. 0 The Contractor shall also provide services in accordance with Exhibit A - Scope of Services attached hereto. Page 1 of I5 Multi -Contractor Service Agreement #2019-01 I CAv 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 n The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 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. Contractor's quoted prices shall be based on Exhibit B- Fee Schedule. Payment will be made upon receipt of a proper invoice and uponapproval Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats.t otherwise known as the "Local Government Prompt Payment Act". Further requirements regarding the submission of quotations and the rotational method is found in Exhibit B. 4.1 Price Methodology (as selected below): ❑ --b-c�l�n1 fFix�cLl�ri��\. A r:_.__ rN , . . 0 Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices Page 2 of 15 Multi -Contractor Service Agreement #2019-01 I CAS would include number of hours worked and billing rate by position and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Further, the Contractor's quotations on a Time and Material shall be on a Not to Exceed Basis, where the County agrees to compensate the Contractor for work actually performed on a Hourly Basis, and, if specified in a Work Order, for incurred expenses, in a total amount not to exceed the sum provided in the Work Order. - - Aw . .. U. •e e.._. - - Wiz_ - oo dr V . Avar MA .4 Ri 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. AM MEN -- .9M IMAMS , o_W k.tmwg - Page 3 of 15 Multi -Contractor Service Agreement #2019-01 l .,rrrrr....'AAA.. ...ssss�w .. .. p'C ...� .� ': •C, . -0 .0 �. .... .- r...._ .. .. .. �_ ... v -4 .. �.� .. .._._ .-. . w. ...-- - �._. .- v-- - MGM .._ _rAss- 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Wright Construction Group, Inc. Address: 5811 Youngquist Road Fort Myers, FL 33912_ Attention Name &Title: Fred Edman President/CEO Telephone: (239) 481-5000 E-Mail(s): Fred. Edman yahoo.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Procurement Services Division Division Director: Sandra Herrera Address: 3295 Tamiami Trail East Naples, Florida 34112 Administrative Agent/PM: Evelyn Colon Telephone: (239) 252-2667 E-Mail(s): Evelyn. Colon ancolliercountyfl.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. Page 4 of 15 Multi -Contractor Service Agreement #2019-01 1 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 until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A.❑ Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2.000,000 aggregate for Bodily Injury Liability Page 5 of 15 Multi -Contractor Service Agreement #2019-01 I and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. LW Business Auto Liability: Coverage shall have minimum limits of $11000,000 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. D. Professional Liability: 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 waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Page 6 of 15 Multi -Contractor Service Agreement #2019-01 I 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. 14 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. AGREEMENT ADMINISTRATION. This Agreement shall be the County by the Procurement Services Division administered on behalf of 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. re COMPONENT PARTS OF THIS AGREEMENT, This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), 0 Exhibit A Scope of Services, F Exhibit B Fee Schedule, ❑ 4R:4 ❑ 4�TB/O Other Invitation for Qualification (IFQ) #20-7712 including Exhibits, Attachments and Addenda/Addendum, ❑ and Other Exhibit/Attachment: Work Order 17. APPLICABILITY. Sections corresponding to any checked box ( FM)will expressly apply to the terms of this Agreement. Page 7 of 15 Multi -Contractor Service Agreement #2019-011 CAS 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 Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112MW Telephone: (239) 252-8383 PUBLIC The Contractor must specifically comply with the Florida Public Records Law to: 1.. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Page 8 of 15 Multi -Contractor Service Agreement #2019-011 CEO 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. 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. 23. 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. 24. 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. Page 9 of 15 Multi -Contractor Service Agreement #2019-011 Cp,O 25. 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. ., o e - _ �04- -- -- ---- a r. .� -. �- _ Rpl.. .. . � .Y .. . . - . -_ - - r Y e r •. - Y C.. . . .. . . - ...W ► Y.. - r•- .... .. - - - - he Go ea � 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. 27. � ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 28. 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 Page 10 of 15 Multi -Contractor Service Agreement #2019-01 1 assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 29. 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 County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. (Intentionally left blank -signature page to follow) Page 11 of 15 Multi -Contractor Service Agreement #2019-011 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: Crystal Kinzel, Clerk of Courts of the Circuit Court & Comptroller By: Dated: (SEAL) Contractor's Witnesses: Contractor's First Witness N PrT v.1 C t-nl TType/print witness nameT 00 ,Pcntractor's 5econd Witness �Toxoo � ?4 DwWeberger TType/print witness MameT Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Burt L. Saunders Wright Construction Group, Inc. Contractor Chairman Signature — TType/print signafure and titleT Page 12 of 15 Multi -Contractor Service Agreement #2019-011 ❑s following this page (pages ❑ this exhibit is not applicable Exhibit A Scope of Services through 2 ) Page 13 of IS Multi -Contractor Service Agreement #2019-01 I IFQ # 204712 "Construction Management Services EXHIBIT A -SCOPE OF SERVICES The terms "CONSTRUCTION MANAGER" and "CONTRACTOR" will be Used interchangeably throughout this Agreement. A. ASSIGNMENT OF WORK 1. A summary of work will be provided to one (1) of the contractors selected in a rotational method that ensures a relatively even distribution or work. 2. Construction Management Services, under this agreement, that exceed $500,000 for any one project, will require Board approval. 3. If the County is unable to negotiate an agreed rate for services with the CONSTRUCTION MANAGER, it will cease negotiations and move on to the next CONSTRUCTION MANAGER on the rotation list. B. SCOPE OF SERVICES 1. The CONSTRUCTION MANAGER will be responsible for providing complete construction services for a wide range of projects and are responsible for the overall management project. The Construction Manager provides key services such as constructability reviews, phasing and approach, program management review and recommendations, long term Operations and Maintenance (O&M) and is expected to introduce new technology and constructions methods. 1.2 The CONSTRUCTION MANAGER must be qualified and is directly responsible for 100% of the contracted work including all work performed by the CONSTRUCTION MANAGER's in-house personnel or any subcontractors. In the event the CONSTRUCTION MANAGER does not "self -perform" any or all tasks within the specifications, and utilizes subcontractors, the CONSTRUCTION MANAGER 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. 1.3 CONSTRUCTION MANAGER may be involved Project Management Estimating Program Management Value Engineering/Constructability The above list is not intended to represent the entire CONSTRUCTION MANAGER portfolio, but rather, a sample of the various responsibilities that a CONSTRUCTION MANAGER may be requested to participate in for a Collier County project. 1.4 The CONSTRUCTION MANAGER shall provide such services through its own employees and/or• may hire specialized subcontractors to perform all, or some portion of the construction management work. The services may be assigned into the following category dependent on the Scope of Work for each project. Comprehensive Construction Management services: The CONSTRUCTION MANAGER will be required to provide all services necessary and required for the inspection, management, coordination and administration of the Project, from commencement through substantial completion, final acceptance, and project close- out. Partial Construction Management services: Page 1 of 2 CEO The CONSTRUCTION MANAGER shall provide partial Construction Management staffing as directed by the County Manager or their designee to supplement Construction Management services being provided by Collier County's in-house staff or by another Construction Management firm on a Collier County project. Consulting services: The CONSTRUCTION MANAGER will be required to provide construction consulting services in connection with Collier County's capital program. Page 2 of 2 following this page (pages ❑ this exhibit is not applicable Exhibit B FEE SCHEDULE thI ough ) Page 14 of IS Multi -Contractor Service Agreement #2019-01 I IFQ #20-7712 "Construction Manager Services" EXHIBIT B-FEE SCHEDULE Category Fee Principal/PrincipaHrin Charge $225,00 Senior Project Manager $140600 Project Manager $110600 Assistant Project Manager $75.00 Senior Project Engineer $65.00 Project Engineer $50.00 Senior Inspector $110,00 Inspector $93.00 Senior Estimator $110000 Estimator $75.00 Senior Superintendent $130,00 Superintendent $96.00 Assistant Superintendent $90.00 Clerical/Administrative $45.00 BIM Technician/CADD Technician $90.00 CPM Scheduling Technician $90.00 Senior Construction Manager $160400 Project Director/Preconstruction Manager $155,00 Corporate Safety Officer/Director $65.00 The above hourly rates are applicable to Time and Material tasks) only. The above list may not be all inclusive. Hourly rate for additional categories required to provide particular project services shall be mutually agreed upon by the County and Firm, in writing, on a project by project basis, as needed, and will be set forth in the Proposal agreed upon by the Parties. Further, the Contractor's quotations on a Time and Material shall be on a Not to Exceed Basis, where the County agrees to compensate the Contractor for work actually performed on a Hourly Basis, and, if specified in a Work Order, for incurred expenses, in a total amount not to exceed the sum provided in the Work Order. CAO Description: Work Order 0 following this page (pages Other Exhibiu LLachment through ) Page 15 of 15 Multi -Contractor Service Agreement N2019-01 I CAO WORK ORDER Contract 00-0000 "Name of Contract" Contract Expiration Date: , 20 This Work Order is for professional (describe) services for work known as: Project Name: Project No: The work is specified in the proposal dated , 20 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to: Name of Firm Scope of Work: As detailed in the attached proposal and the following: * Task I - * Task II * Task III Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00-0000 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with following method(s): ❑Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material (T&M) (established hourly rate — Schedule A) ❑Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. PREPARED BY: APPROVED BY: APPROVED BY: Task I $ Task II $ Task III $ TOTAL FEE $ Name and Title (Dept Name) ,Division Director type name, Department Head Date Date Date By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been filly disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: (Firm Name) Name &Title of Authorized Officer Date CAO ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/2/2020 (239) 333-1320 (239) 333-1760 23280 AIM Construction Contracting, LLC 2161 Fowler Street, Suite 100 Fort Myers, FL 33901 28665 A 1,000,000 X EPP 0542829 7/1/2020 7/1/2021 500,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000A X EPP 0542829 7/1/2020 7/1/2021 1,000,000A EPP 0542829 7/1/2020 7/1/2021 1,000,000 B EWC 0542831 7/1/2020 7/1/2021 1,000,000 N 1,000,000 1,000,000 A Leased/Rented Equip EPP 0542829 7/1/2020 Leased/Rented Equip 125,000 Project Description: IFQ # 20-7712 “Construction Management Services” Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County included as Additional Insured under the captioned Commercial General Liability and Automobile Liability policies on a primary & non-contributory basis if and to the extent required by written contract for any and all work performed on behalf of Collier County. Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 AIMCONS-01 MSUAREZ Babb P&C, Ltd 1520 Royal Palm Square Blvd. Suite 200 Fort Myers, FL 33919 Cincinnati Indemnity Company Cincinnati Casualty Company X 7/1/2021 X X X X X X X 16.E.11.h Packet Pg. 2554 Attachment: 20-7712 AIMConstruction_Insurance 7-2-20 (12843 : Award IFQ 20-7712 Construction Management Services) CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECT PRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Private Client Insurance Services 9736 Commerce Centre Ct. Fort Myers FL 33906 Sandy Balzarini 239-481-1949 888-853-7192 sbalzarini@pcis-fl.com Evanston Insurance Co.35378 AIME-01 AIM Engineering &Surveying 2161 Fowler Street,Suite 100 Fort Myers FL 33901 692067426 Y A PROFESSIONAL LIABILITY 7/2/2020 AE824519 7/1/2020 7/1/2021 Each Claim Policy Aggregate Deductible 5,000,000 5,000,000 100,000 Project Description: IFQ #20-7712 “Construction Management Services” Collier County Board of County Commissioners 3295 Tamiami Trail E Naples FL 34112 16.E.11.h Packet Pg. 2555 Attachment: 20-7712 AIMConstruction_Insurance 7-2-20 (12843 : Award IFQ 20-7712 Construction Management Services) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER: $ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/1/2020 29424 Capital Consulting Solutions LLC 5633 Strand Blvd Suite 312 NAPLES, FL 34110 A 76WEGAC1DT2 11/16/2019 11/16/2020 1,000,000 1,000,000 1,000,000 Collier County Board of County Commissioners 3295 Tamiami Tr E. Naples FL 34112 CAPICON-01 KDENDUKURI AP Intego Insurance Group, LLC1601 Trapelo Rd Suite 280 Waltham, MA 02451 support@apintego.com Hartford Casualty Insurance Company X 16.E.11.i Packet Pg. 2556 Attachment: 20-7712 CapitalConsulting_Insurance 7-2-2020 (12843 : Award IFQ 20-7712 Construction Management Services) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Naples FL 34112 3295 Tamiami Tr E. Collier County Board of County Commissioners Collier County Board of County Commissioners, or Board of County Commissioners in Collier County or Collier County Government or Collier County included as an additional insured under the captioned Commercial General Liability and Automobile Liability policies on a primary and non contributory basis if and to the extent required by written contract. Contract 20-7712 and for any and all work performed on behalf of Collier County. 2,500Retention 1,000,000Aggregate limit 1,000,000Per Claim 06/29/202106/29/2020SUA BA3314-2003 PROFESSIONAL LIABILITY B 10,000PERSONAL INJURY 1,000,000 07/01/202107/01/202007814220-2Y8C 2,000,000 2,000,000 1,000,000 5,000 100,000 1,000,000 06/29/202106/29/2020SUA BAGL3315-2003 YY 8 8 8 A 10193PROGRESSIVE EXPRESS INS CO 122000LLOYDS OF LONDON 122000LLOYDS OF LONDON 34109FLNaples 9010 Strada Stell Ct #108 Capital Consulting Solutions, LLC chris@olsondinunzio.com 239-596-6226 Christine Olson 34119FLNaples 2536 Northbrooke Plaza Dr Olson & DiNunzio Ins 7/1/2020 16.E.11.i Packet Pg. 2557 Attachment: 20-7712 CapitalConsulting_Insurance 7-2-2020 (12843 : Award IFQ 20-7712 Construction Management Services) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/30/2020 License # L077730 (239) 280-3634 (239) 261-2803 19682 DeAngelis Diamond Construction, LLC DeAngelis Diamond Healthcare Group, LLC 6635 Willow Park Drive Naples, FL 34109-8917 27120 29424 38261 21873 A 2,000,000 X 21UEADE4202 1/1/2020 1/1/2021 300,000 10,000 2,000,000 4,000,000 4,000,000 1,000,000B X 21UEADE4103 1/1/2020 1/1/2021 10,000,000C 21RHADE4156 1/1/2020 1/1/2021 10,000,000 0 D 21WBAAE4PJW 1/1/2020 1/1/2021 1,000,000 N 1,000,000 1,000,000 E Excess Liability USL004107202 1/1/2020 $15M excess of $10M 15,000,000 A Equipment Floater 21UUMDE3996 1/1/2020 1/1/2021 L/R Equipment 350,000 Insurer: Indian Harbor Insurance Company Policy # CEO7446583 Effective Dates: 01/01/2020 - 01/01/2021 Professional (PE&O) Liability: $3,000,000 Each Claim / $3,000,000 Aggregate SIR: $25,000 Contractors Pollution Liability: $3,000,000 Each Claim/ $3,000,000 Aggregate SIR: $25,000 For any and all work performed on behalf of Collier County Collier County Board of County Commissioners is included as Additional Insured for General Liability including both ongoing and completed operations on a SEE ATTACHED ACORD 101 Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 DEANDIA-03 D2CRUSHING AssuredPartners of Florida, Naples 8950 Fontana Del Sol Way Suite 300 Naples, FL 34109 Geri Randall geri.randall@assuredpartners.com Hartford Fire Insurance Company Trumbull Insurance Company Hartford Casualty Insurance Co Hartford Insurance Company of the Southeast Fireman's Fund Insurance Company X 1/1/2021 X X X X X X X X X X 16.E.11.j Packet Pg. 2558 Attachment: 20-7712 DeAngelisDiamond_Insurance 7-2-2020 (12843 : Award IFQ 20-7712 Construction Management Services) FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. AssuredPartners of Florida, Naples DEANDIA-03 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance License # L077730 1 SEE P 1 DeAngelis Diamond Construction, LLC DeAngelis Diamond Healthcare Group, LLC 6635 Willow Park Drive Naples, FL 34109-8917 SEE PAGE 1 D2CRUSHING 1 Description of Operations/Locations/Vehicles: primary and noncontributory basis as required by written contract per form HG 00 01 06 05. Collier County Board of County Commissioners is included as Additional Insured for Auto Liability on a primary and noncontributory basis as required by written contract per form HA 99 16 03 12. Hartford Fire Insurance Company (NAIC #19682, AM Best #002231) A+, XV Trumbull Insurance Company (NAIC #27120, AM Best #002610) A+, XV Hartford Casualty Insurance Company (NAIC #29424, AM Best #002229) A+, XV Hartford Ins Co of the SE (NAIC #38261, AM Best #002613) A+, XV Fireman's Fund Inusrance Company (NAIC #21873, AM Best #002179) A+, XV Indian Harbor Insurance Company (NAIC #36940, AM Best #011340) A+, XV 16.E.11.j Packet Pg. 2559 Attachment: 20-7712 DeAngelisDiamond_Insurance 7-2-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.j Packet Pg. 2560 Attachment: 20-7712 DeAngelisDiamond_Insurance 7-2-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.j Packet Pg. 2561 Attachment: 20-7712 DeAngelisDiamond_Insurance 7-2-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.j Packet Pg. 2562 Attachment: 20-7712 DeAngelisDiamond_Insurance 7-2-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.j Packet Pg. 2563 Attachment: 20-7712 DeAngelisDiamond_Insurance 7-2-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.j Packet Pg. 2564 Attachment: 20-7712 DeAngelisDiamond_Insurance 7-2-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.j Packet Pg. 2565 Attachment: 20-7712 DeAngelisDiamond_Insurance 7-2-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.j Packet Pg. 2566 Attachment: 20-7712 DeAngelisDiamond_Insurance 7-2-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.j Packet Pg. 2567 Attachment: 20-7712 DeAngelisDiamond_Insurance 7-2-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.j Packet Pg. 2568 Attachment: 20-7712 DeAngelisDiamond_Insurance 7-2-2020 (12843 : Award IFQ 20-7712 Construction Management Services) COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)Page 1 of 5 COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." 16.E.11.j Packet Pg. 2569 Attachment: 20-7712 DeAngelisDiamond_Insurance 7-2-2020 (12843 : Award IFQ 20-7712 Construction Management Services) © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)Page 2 of 5 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS – OF SECTION IV – BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non-Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D. - Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3)and (4)do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: 16.E.11.j Packet Pg. 2570 Attachment: 20-7712 DeAngelisDiamond_Insurance 7-2-2020 (12843 : Award IFQ 20-7712 Construction Management Services) © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)Page 3 of 5 If an "employee’s" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee’s" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5.PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c.and 4.d.do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or 16.E.11.j Packet Pg. 2571 Attachment: 20-7712 DeAngelisDiamond_Insurance 7-2-2020 (12843 : Award IFQ 20-7712 Construction Management Services) © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)Page 4 of 5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b.Section III – Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c.For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: 16.E.11.j Packet Pg. 2572 Attachment: 20-7712 DeAngelisDiamond_Insurance 7-2-2020 (12843 : Award IFQ 20-7712 Construction Management Services) © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)Page 5 of 5 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non-hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a.If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non-hybrid" auto’s actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c.Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non-hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. 16.E.11.j Packet Pg. 2573 Attachment: 20-7712 DeAngelisDiamond_Insurance 7-2-2020 (12843 : Award IFQ 20-7712 Construction Management Services) INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ $PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ WC STATU-OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Liberty Mutual Liberty Insurance Corporation Liberty Mutual Fire Insurance Company 6/29/2020 Gulfshore Insurance - SWFL 4100 Goodlette Road N Naples, FL 34103 239 261-3646 Alex Castro 239 261-3646 239 213-2803 acastro@gulfshoreinsurance.com GATES Group, LLC dba GATES Construction 27599 Riverview Center Blvd #205 Bonita Springs, FL 34134 23043 42404 23035 A X X X X X TB2Z51292311019 09/30/2019 09/30/2020 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 C X X AS2Z51292311039 09/30/2019 09/30/2020 1,000,000 B X X X 10000 TH7Z51292311059 09/30/2019 09/30/2020 10,000,000 10,000,000 A Y X WC2Z51292311049 09/30/2019 09/30/2020 X 1,000,000 1,000,000 1,000,000 Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County are included as Additional Insured under the captioned Commmercial General Liability and Automobile Liability Polciies on primary and non-contributory basis if and to the extend required by written contract. General Liability on a primary and noncontributory basis per form LC0443 0512, including ongoing operations per form CG2010 0413, completed operations per form (See Attached Descriptions) Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 1 of 2 #S1575115/M1473292 GATGRClient#: 76078 ALC 1 of 2 #S1575115/M1473292 16.E.11.k Packet Pg. 2574 Attachment: 20-7712 GatesGroup_InsuranceGL 7-2-20 (12843 : Award IFQ 20-7712 Construction Management Services) SAGITTA 25.3 (2010/05) DESCRIPTIONS (Continued from Page 1) CG2037 0413 and Waiver of Subrogation per form LC0443 0512, only as required by written contract. Auto Liability Additional Insured and Primary Non-contributory only as required in a written contract per form AC8423 0811. Waiver of Subrogation in regards to Workers Compensation per form WC000313 0484. Umbrella policy limits extend the limits of the General Liability and Auto Liability. 2 of 2 #S1575115/M1473292 16.E.11.k Packet Pg. 2575 Attachment: 20-7712 GatesGroup_InsuranceGL 7-2-20 (12843 : Award IFQ 20-7712 Construction Management Services) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 59710530 59710530 X 07/01/20 1-212-948-1306 07/01/20 07/01/20 2,000,000 LIC #0437153 A 500,000X THE APPLICABLE CONTRACT.* THIS CERTIFICATE OF INSURANCE WILL NOT EXCEED OR BROADEN IN ANY WAY THE TERMS, CONDITIONS, AND LIMITS AGREED TO UNDER 3295 Tamiami Trail E. and certificate holder's insurance is excess and non-contributory. *THE TERMS, CONDITIONS, AND LIMITS PROVIDED UNDER insured in the performance of insured's services to cert holder under contract for captioned work. Coverage is primary of County Commissioners is added as an additional insured for general liability as respects the negligence of the 20-7712 CM. CONTRACT END DATE: 6/30/2025. SECTOR: Public. *$2,000,000 SIR FOR STATE OF: OHIO. Collier County Board PROJECT MGR: Bill Gramer. CONTRACT MGR: Bill Gramer. RE: 20-7712 CONSTRUCTION MANAGEMENT. CONTRACT NUMBER: 1,000,000 "CLAIMS MADE" PROFESSIONAL LIABILITY 07/01/20 1,000,000 07/01/20A 1000 Wilshire Blvd., Suite 2100 C/O Global Risk Management WLR C67460303 (AOS) SCF C67460388 (WI) WCU C67460340 (OHIO Only)* USA A A A N HDO G71452694 nyumdo_newgalexy Los Angeles, CA 90071 CONTRACTUAL LIABILITY 1,000,000 1-212-948-1306 CIRTS_Support@jacobs.com Marsh Risk & Insurance Services X EON G21655065 011 1,000,000 Los Angeles, CA 90017 A XX 1,000,000 07/01/21 ISA H25307306 07/01/21 Collier County Board of County Commissioners 5,000 07/01/21 Jacobs Engineering Group Inc. 1,000,000 07/01/21 07/01/21 07/01/21 07/01/2020 Naples, FL 34112 1,000,000 X DEFENSE INCLUDED AGGREGATE PER CLAIM/PER AGG 633 W. Fifth Street ACE AMER INS CO X 22667 1,000,000 07/01/20 16.E.11.l Packet Pg. 2576 Attachment: 20-7712 JacobsEngineering_Insurance 7-1-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.l Packet Pg. 2577 Attachment: 20-7712 JacobsEngineering_Insurance 7-1-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.l Packet Pg. 2578 Attachment: 20-7712 JacobsEngineering_Insurance 7-1-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.l Packet Pg. 2579 Attachment: 20-7712 JacobsEngineering_Insurance 7-1-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.l Packet Pg. 2580 Attachment: 20-7712 JacobsEngineering_Insurance 7-1-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.l Packet Pg. 2581 Attachment: 20-7712 JacobsEngineering_Insurance 7-1-2020 (12843 : Award IFQ 20-7712 Construction Management Services) JACOBS ENGINEERING GROUP INC. 1000 WILSHIRE BOULEVARD, SUITE 1000 LOS ANGELES CA 90017 WLR C67460303 07-01-2020 07-01-2021 07-01-2020 ACE AMERICAN INSURANCE COMPANY 16.E.11.l Packet Pg. 2582 Attachment: 20-7712 JacobsEngineering_Insurance 7-1-2020 (12843 : Award IFQ 20-7712 Construction Management Services) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Jacobs Engineering Group Inc. Endorsement Number Policy Symbol EON Policy Number G21655065 0 Policy Period 07/01/20 to 07/01/20 Effective Date of Endorsement 07/01/20 Issued By (Name of Insurance Company) ACE American Insurance Company NOTICE TO OTHERS ENDORSEMENT – SCHEDULE . If We cancel or non-renew the Policy prior to its expiration date by notice to You for any reason other than nonpayment of premium, We will endeavor, as set out below, to send written notice of cancellation or non-renewal via such electronic or other form of notification as We determine, to the persons or organizations listed in the schedule that You or Your representative provide or have provided to Us (the Schedule). You or Your representative must provide Us with both the physical and e-mail address of such persons or organizations, and We will utilize such e-mail address and/or physical address that You or Your representative provided to Us on such Schedule. . The Schedule must be initially provided to Us within 30 days after: i. The beginning of the Policy Period, if this endorsement is effective as of such date; or ii. This endorsement has been added to the Policy, if this endorsement is effective after the Policy Period commences. . The Schedule must be in a format that is acceptable to Us and must be accurate. .Our delivery of the notification as described in Paragraph A of this endorsement will be based on the most recent Schedule in Our records as of the date the notice of cancellation or non-renewal is mailed or delivered to You. .We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation or non-renewal date applicable to the Policy. . The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation or non- renewal of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation or non-renewal to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon Us,Our agents or representatives, will not extend any Policy cancellation or non-renewal date and will not negate any cancellation or non-renewal of the Policy. .We are not responsible for verifying any information provided to Us in any Schedule, nor are We responsible for any incorrect information that You or Your representative provide to Us. If You or Your representative does not provide Us with a Schedule,We have no responsibility for taking any action under this endorsement. In addition, if neither You nor Your representative provides Us with e-mail address and/or physical address information with respect to a particular person or organization, then We shall have no responsibility for taking action with regard to such person or entity under this endorsement. . With respect to this endorsement Our,Us or We means the stock insurance company listed in the Declarations, and You or Your means the insured person or entity listed in Item 1 of the Declarations page. All other terms and conditions of this Policy remain unchanged. MS-36362 (04/19) Authorized Representative 16.E.11.l Packet Pg. 2583 Attachment: 20-7712 JacobsEngineering_Insurance 7-1-2020 (12843 : Award IFQ 20-7712 Construction Management Services) SUPP (10/00) SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE NAME OF INSURED: Jacobs Engineering Group Inc. 07/01/2020 16.E.11.l Packet Pg. 2584 Attachment: 20-7712 JacobsEngineering_Insurance 7-1-2020 (12843 : Award IFQ 20-7712 Construction Management Services) INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ $PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ WC STATU-OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Liberty Mutual Liberty Insurance Corporation Liberty Mutual Fire Insurance Company Sirius International Insurance Corp 7/07/2020 Gulfshore Insurance - SWFL 4100 Goodlette Road N Naples, FL 34103 239 261-3646 Alex Castro 239 261-3646 239 213-2803 acastro@gulfshoreinsurance.com GATES Group, LLC dba GATES Construction 27599 Riverview Center Blvd #205 Bonita Springs, FL 34134 23043 42404 23035 86396 A X X X X X TB2Z51292311019 09/30/2019 09/30/2020 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 C X X AS2Z51292311039 09/30/2019 09/30/2020 1,000,000 B X X X 10000 TH7Z51292311059 09/30/2019 09/30/2020 10,000,000 10,000,000 A Y X WC2Z51292311049 09/30/2019 09/30/2020 X 1,000,000 1,000,000 1,000,000 D D Professional Liab Pollution Liab X X CPPL00017400 CPPL00017400 07/07/2020 07/07/2020 9/30/2021 9/30/2021 1M Occurrence/ 2M Aggre 1M Occurrence/ 2M Aggre Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County are included as Additional Insured under the captioned Commmercial General Liability and Automobile Liability Polciies on primary and non-contributory basis if and to the extend required by written contract. General Liability on a primary and noncontributory basis per form LC0443 0512, including ongoing operations per form CG2010 0413, completed operations per form (See Attached Descriptions) Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 1 of 2 #S1578747/M1473292 GATGRClient#: 76078 ALC 1 of 2 #S1578747/M1473292 16.E.11.m Packet Pg. 2585 Attachment: 20-7712 GatesGroup_Insurance 7-7-20 (12843 : Award IFQ 20-7712 Construction Management Services) SAGITTA 25.3 (2010/05) DESCRIPTIONS (Continued from Page 1) CG2037 0413 and Waiver of Subrogation per form LC0443 0512, only as required by written contract. Auto Liability Additional Insured and Primary Non-contributory only as required in a written contract per form AC8423 0811. Waiver of Subrogation in regards to Workers Compensation per form WC000313 0484. Umbrella policy limits extend the limits of the General Liability and Auto Liability. 2 of 2 #S1578747/M1473292 16.E.11.m Packet Pg. 2586 Attachment: 20-7712 GatesGroup_Insurance 7-7-20 (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.nPacket Pg. 2587Attachment: 20-7712 Owen-Ames-KimballCompany_Insurance 6-30-2020 (12843 : Award IFQ 20-7712 Construction Management Services) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/29/2020 License # L077730 (239) 280-3634 (239) 261-2803 20508 Wright Construction Group, Inc 5811 Youngquist Road Fort Myers, FL 33912 18988 35289 A 1,000,000 X 5084101471 1/1/2020 1/1/2021 100,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000 1,000,000B X 5022149701 1/1/2020 1/1/2021 8,000,000C 5811118524 1/1/2020 1/1/2021 16,000,000 0 A WC6016229107 1/1/2020 1/1/2021 1,000,000 N 1,000,000 1,000,000 D Professional Liab B1230FC02411A20 1/1/2020 Prof Liability 1,000,000 E Leased & Rented Equ 4034475218 1/1/2020 1/1/2021 L/R Equipment 300,000 Project #20-7712 Construction Management Services Collier County Board of County Commissioners are included as Additional Insured for General Liability on a primary and noncontributory basis as required by written contract per form CNA 74705XX. Collier County Board of County Commissioners are included as Additional Insured for Auto Liability as required by written contract per form 58504. Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 WRIGCON-02 D2CRUSHING AssuredPartners of Florida, Naples 8950 Fontana Del Sol Way Suite 300 Naples, FL 34109 Geri Randall geri.randall@assuredpartners.com Valley Forge Insurance Co. Auto-Owners Insurance Company North River Insurance Co. Lloyd's of London The Continental Insurance Company X 1/1/2021 X X X X X X X X X X 16.E.11.o Packet Pg. 2588 Attachment: 20-7712 WrightConstruction_Insurance 7-1-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.o Packet Pg. 2589 Attachment: 20-7712 WrightConstruction_Insurance 7-1-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 5084101471 1 01/01/2020 16.E.11.o Packet Pg. 2590 Attachment: 20-7712 WrightConstruction_Insurance 7-1-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 5084101471 1 01/01/2020 16.E.11.o Packet Pg. 2591 Attachment: 20-7712 WrightConstruction_Insurance 7-1-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 5084101471 1 01/01/2020 16.E.11.o Packet Pg. 2592 Attachment: 20-7712 WrightConstruction_Insurance 7-1-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 5084101471 1 01/01/2020 16.E.11.o Packet Pg. 2593 Attachment: 20-7712 WrightConstruction_Insurance 7-1-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 5084101471 1 01/01/2020 16.E.11.o Packet Pg. 2594 Attachment: 20-7712 WrightConstruction_Insurance 7-1-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 5084101471 1 01/01/2020 16.E.11.o Packet Pg. 2595 Attachment: 20-7712 WrightConstruction_Insurance 7-1-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 5084101471 1 01/01/2020 16.E.11.o Packet Pg. 2596 Attachment: 20-7712 WrightConstruction_Insurance 7-1-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.o Packet Pg. 2597 Attachment: 20-7712 WrightConstruction_Insurance 7-1-2020 (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.p Packet Pg. 2598 Attachment: 20-7712 NORA (flat) (12843 : Award IFQ 20-7712 Construction Management Services) 16.E.11.p Packet Pg. 2599 Attachment: 20-7712 NORA (flat) (12843 : Award IFQ 20-7712 Construction Management Services) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION FOR QUALIFICATION (IFQ) FOR CONSTRUCTION MANAGEMENT SERVICES SOLICITATION NO.: 20-7712 EVELYN COLON, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-2667 evelyn.colon@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.E.11.q Packet Pg. 2600 Attachment: 20-7712 Invitation for Qualification (IFQ) (12843 : Award IFQ 20-7712 Construction Management Services) SOLICITATION PUBLIC NOTICE INVITATION FOR QUALIFICATION (IFQ) NUMBER: 20-7712 PROJECT TITLE: Construction Management Services IFQ OPENING DAY/DATE/TIME: January 22, 2020 at 3:00PM PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION The Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this INVITATION FOR Qualification (hereinafter, “IFQ”) with the intent of obtaining proposals from interested and qualified contractors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. The selected Construction Management companies will be responsible for providing complete construction management services for a wide range of projects and is responsible for the overall coordination of a project. The Construction Manager provides services necessary for the project. The Construction Manager may hire specialized subcontractors to perform to perform all or some portion of the construction management work. The purpose of this solicitation is to acquire multiple qualified companies to provide support services on an as needed basis in the CONSTRUCTION MANAGEMENT SERVICES. BACKGROUND The County is seeking proposals from qualified and experienced firms to perform continuing support services, under the CONSTRUCTION MANAGEMENT SERVICES. Construction Management is a professional management practice applied to construction projects from project inception to completion for the purpose of controlling time, cost and quality. • Program Management is the practice of professional Construction Management applied to a capital improvement program of one or more projects from inception to completion. • Comprehensive Construction Management services are used to integrate the different facets of the construction process for the purpose of providing standardized technical and management expertise on each project. The County is seeking to Contract with several Construction Management companies that can provide County staff the ability to do provide both Construction and Program Management service. These services include but are not limited to; value constructabil ity review, manage deliverables, construction estimating, program management , scope and bid review. Management of a range of Construction projects. TERM OF CONTRACT The contract term, if awards are made, is intended to be for one (1) five (5) year term with a single one (1) year renewal op tion at the sole discretion of the County. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and condi tions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written n otice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 16.E.11.q Packet Pg. 2601 Attachment: 20-7712 Invitation for Qualification (IFQ) (12843 : Award IFQ 20-7712 Construction Management Services) A summary of work will be provided to one (1) of the contractors selected in a rotational method that ensures a relatively ev en distribution of work. Construction Management Services, under this agreement, that exceed $500,000 for any one project, will require Board approval. DETAILED SCOPE OF WORK 1. The selected CONSTRUCTION MANAGER will be responsible for providing complete construction services for a wide range of projects and are responsible for the overall management project. The Construction Manager provides key services such as constructability reviews, phasing and approach, program management review and recommendations, long term O&M and is expected to introduce new technology and constructions methods. 1.2 The CONSTRUCTION MANAGER must be qualified and is directly responsible for 100% of the contracted work including all work performed by the CONSTRUCTION MANAGER’s in -house personnel or any subcontractors. In the event the Construction Managers does not “self-perform” any or all tasks within the specifications, and utilizes subcontractors, the Construction Manager is directly responsible for all supervision, monitoring and compliance with one hundred percent (100%) of meeting schedule, cost, work scope plan s and specification quality in the performance of a project for the County. 1.3 CONSTRUCTION MANAGER may be involved in: Project Management Estimating Program Management Value Engineering/Constructability The above list is not intended to represent the entire CONSTRUCTION MANAGER portfolio, but rather, a sample of the various responsibilities that a CONSTRUCTION MANAGER may be requested to participate in for a Collier County project. 1.4 The CONSTRUCTION MANAGER shall provide such services through its own employees and/or may hire specialized subcontractors to perform all, or some portion of the construction Management work. The services may be assigned into the following category dependent on the Scope of Work for each projec t. Comprehensive Construction Management services: The selected CONSTRUCTION MANAGER will be required to provide all services necessary and required for the inspection, management, coordination and administration of the Project, from commencement through substantial completion, final acceptance, and project close- out. Partial Construction Management services: The CONSTRUCTION MANAGER shall provide partial Construction Management staffing as directed by the County Manager or their designee to supplement Construction Management services being provided by Collier County’s in -house staff or by another Construction Management firm on a Collier County project. Consulting services: The selected CM will be required to provide construction consulting services in connection with Collier County’s capital program. INVITATION FOR QUALIFICATION (IFQ) PROCESS 1.1 The Proposers will submit a qualifications proposal which will be scored base d on the criteria in Grading Criteria for Development of Shortlist, which will be the basis for short-listing firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then grade and rank the firms and recommend multiple firms to establish a library for services needed. The COUNTY reserves the right to issue an invitation for oral presentations to obtain additional information after grading and before the final ranking. A contract will be developed with the selected firms, based on their qualifications and scope of services and submitted for approval by the Board of County Commissioners. 1.2 The COUNTY will use a Selection Committee in the INVITATION FOR Qualification selection process. 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial 16.E.11.q Packet Pg. 2602 Attachment: 20-7712 Invitation for Qualification (IFQ) (12843 : Award IFQ 20-7712 Construction Management Services) capability, staffing and organizational structure. 1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of these proposals, the COUNTY will rank the Proposers based on the qualifications, discussion, and clarifying questions, and recommend multiple firms in a library for quoting services. GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST: 1.6 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY’S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Ability of Professional Personnel 30 Points 2. Certified Minority Business Enterprise 5 Points 3. Past Performance 30 Points 4. Recent, Current, and Projected Workloads of the Firm 25 Points 5. Local Vendor Preference 10 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty -four (24) months prior to the RFP submittal deadline. Payment info rmation will be retrieved from the County’s financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee . In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. ---------------------------------------------------------------------------------------------------------------------------------------------------------- Each criterion and methodology for scoring is further described below. ***Proposals must be assembled, at minimum, in the order of the Response Format and Scoring Criteria listed or your proposal may be deemed non-responsive*** EVALUATION CRITERIA NO. 1: ABILITY OF PROFESSIONAL PERSONNEL (30 Total Points Available) This criterion measures the ability of personnel as shown by their level of experience delivering construction management services. This criterion measures how well the personnel are staffed to address all facets of construction management services. It measures how well the personnel are organized to deliver the services for the COUNTY. Preference will be given to teams with knowledge and experience with local construction and regulatory conditions and who demonstrate a strong commitment to team collaboration. It measures the overall level of the company’s qualifications to successfully complete all construction management services required by the COUNTY. EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise EVALUATION CRITERIA NO. 3: PAST PERFORMANCE (30 Total Points Available) This criterion measures the company’s past experience with resiliency projects, projects with sustainability features, public buildings, and projects with complex phasing completed utilizing construction management services. The companies will be evaluated on their CONSTRUCTION MANAGEMENT SERVICES presented as a part of this criteria; along with the required references. The company’s minimization of change orders will be an important consideration. Preference will be given to CONSTRUCTION MANAGEMENT SERVICES performed within the last five (5) years. The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients whose projects utilized construction management services as a part of their proposal. Provide information on the projects using the REFERENCE QUESTIONNAIRE provided. Proposer may include two (2) additional pages for each project to illustrate aspects of the completed project that provides information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO. 4: RECENT, CURRENT, AND PROJECTED WORKLOADS OF THE FIRM (25 Total Points Available) This criterion measures the company’s availability to complete all elements of construction management services with 16.E.11.q Packet Pg. 2603 Attachment: 20-7712 Invitation for Qualification (IFQ) (12843 : Award IFQ 20-7712 Construction Management Services) regards to the closeout of recent work, current workload, and projected projects that could impact the completion of this project. EVALUATION CRITERIA NO. 5: LOCAL VENDOR PREFERENCE (10 Total Points Available) Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax Collector prior to proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier or Lee County from which the vendor’s staff operates and performs business in an area zoned for the conduct of such business. VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Form 2: Vendor Check List)*** 16.E.11.q Packet Pg. 2604 Attachment: 20-7712 Invitation for Qualification (IFQ) (12843 : Award IFQ 20-7712 Construction Management Services)