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Backup Documents 10/13/2020 Item #16A12 (Earth View, LLC) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management I01t3/20 2. County Attorney Office County Attorney Office /s/z0 4. BCC Office Board of County Commissioners Y 5( 10 • tw 4. Minutes and Records Clerk of Court's Office 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jessica Suarez/PURCHASING Contact Information 239-252-8407 Contact/ Department Agenda Date Item was October 13th,2020 Agenda Item Number 16.A.12 Approved by the BCC Type-of Document AGREEMENT Number of Original 1 Attached Documents Attached PO number or account N/A 20-7740 EARTH VIEW, number if document is EARTH VIEW, LLC to be recorded LLC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JS signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JS document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 10/13/2020 and all changes made during ---N/A is not the meeting have been incorporated in the attached document. The County i • an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved b not BCC,all changes directed by the BCC have been made,and the document is readt ►� jso leion for Chairman's signature. this line. 0 2020 Risk Management 1 6 A 1 2 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 20-7740 for Stormwater Debris Collector Unit Cleaning Services THIS AGREEMENT, made and entered into on this 1 3i day of 3ddJet 20 20 , by and between Earth View, LLC authorized to do business in the State of Florida, whose business address is 3494 Shearwater Street, Naples, FL 34117 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESS ETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing I■I upon the date of Board approval _ and terminating on three (3 ) 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 two (2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Request for Proposal (RFP) ❑■ Invitation to Bid (ITB) Other ( )# 20-7740 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 1■i The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 6Al2 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 n The procedure for obtaining Work under this Agreement is outlined in Exhibit A— Scope of Services attached hereto. 3.3 The procedure for obtaining Work user thic Agreement is outlined in I Other Exhibit/Attachment: 3-4 n The County reserves the right to specify in each Request for Quotations: the ponied Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. 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". 4.1 Price Methodology (as selected below): n Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. n • . that the project requirements would most likely change. As a general busine:e practice, these contracts include back up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) n delivered (i.c. installation price per ton, delivery invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) et 16Al2 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4,4 n Travel and expenses shall be reimbursed as per Section 112.061 Fla. Stets. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile Breakfast $6.00 Lunch $14-00 Dinner $19.00 Afare class-fare Rental car Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine • s and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) Gov I6Al2 Company Name: Earth View, LLC Address: 3494 Shearwater Street Naples, FL 34117 Authorized Agent: Allison Murrell, President Attention Name & Title: Telephone: (239) 434-5200 E-Mail(s): AMurrell EVLocates.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Albert English Division Name: Road Maintenance Division Address: 2885 Horseshoe Drive S Naples, FL 34104 Administrative Agent/PM: Melissa Pearson Telephone: (239) 252-5591 E-Mail(s): Melissa.Pearsonccolliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.I) A 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. n Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. • 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. I111 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. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.I) 4'� G A a- n liability for claims arising out of the performance of profc:fional services under this Agreement. Contractor waives its right of recovery against County as to any claims-t.+nder this insurance. Such insurance shall have limits of not less than $ each claim and aggregate. € n Cyber Liabilitvj Coverage shall have minimum limits of$ per claim. n oy ge shall h y inimi limi} f $ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) CQ` 6 A $ c' 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 Grwoth Management Department, Road Maintenance 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), n Exhibit A Scope of Services, Exhibit B Fee Schedule, n REP/ n ITB/I I Other #20-7740 , including Exhibits, Attachments and Addenda/Addendum, I I subsequent quotes, and I I Other Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box ( ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) Al 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) 252-8999 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) G II6Al2 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. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. I•I CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. ❑ WARRANTY., equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for lien, encumbrance or claim of any third party. Any services provided under this Agreement al standards for the Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2017 008(Ver.1) Ag and payment by the County. Decent& of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. ❑ requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall a,sume full responsibility therefore, pay all costs in connection therewith inspections, tests or approvals shall be performed in a manner and by organization acceptable to the County. 27. n PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) �4„ l6Al2 foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. 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. 31. 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. 32. 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. 33. 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. 34. ❑ this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necercary to ensure that competent The Contractor shall make commercially reasonable efforts to notify CollierGety-�aith+n personnel. Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 6A1 n AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. ICI 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. I ORDER OF PRECEDENCE (Gran+ Funr� \ In Oho event of any conflict betwee_en or precedence over the Agreement. To the extent any conflict in the terms of the Contract -Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. 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 Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16A 12 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. 38. ❑� SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) I 6 A 1 2 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Courts & COLLIER COUNTY, FLORIDA Comptroller By: By: Burt L. Saunders , Chairman OWL( /- 's kOQ • (SEAL) Dated: tilt:: • O ��i Earth View, LLC Conte Contractor signature only.: DBA By: 01/4a4 *114 Contractor's First Witness i nature n �IOM MQVre►t Podid,c.�'►4- ,1t1V1 a (2 TType/print signature and titleT TType/print witness name Contractor's Second Witness M arN-e Ct h t✓1 TType/print witness name A d as to F id Le ality: o t At rint Name Agenda' $40 Date 77�� va VV .RecDate'd D ;;uty C; lk Page 14of17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) I 6 A 1 Exhibit A Scope of Services • following this page (pages 1 through 3 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) I6A1 'e ITB#20-7740"Stormwater Debris Collector Unit Cleaning Services" EXIHBIT A SCOPE OF SERVICES 1. INTENT The contract is awarded to Primary and Secondary Contractors to provide services for stormwater debris collector unit cleaning. The Primary Contractor shall be responsible for all work assigned under this Contract. The Primary must respond to the Division Representative to accept the work within two (2) business days, if the Primary declines the work,the Secondary Contractor shall be issued the work. If the Primary declines the work on multiple occasions,their contract may be subject to termination by the Board,and the Secondary Contractor will become the Primary,and they will assume all work thereafter under the terms of the contract. During any notice of default, suspension, or notice of termination period,the Division has full authority to utilize the Secondary Contractor as the Primary Contractor. The Primary Contractor for this contract is Shenandoah General Construction, LLC and the Secondary Contractor is Earth View,LLC. 2. MINIMUM REQUIREMENTS The minimum requirements of the Contractor are outlined in solicitation#20-7740. 3. OSHA PERMIT-REQUIRED CONFINED SPACES The Contractor shall have United States Department of Labor,Occupational Safety and Health Administration (OSHA),"Permit-Required Confined Spaces,"Standard Number: 1910.146. (https://www.osha.gov/laws-regs/regulations/standard number/1910/1910.146); hops://www.osha.gov/Publications/osha3138.html. 4. SCOPE OF WORK A term Agreement providing attenuator cleaning services extracting debris, sediment, and oil by method of vacuum truck throughout Collier County. The County's GIS database has specific unit model numbers for the CDS, Stormceptor, and Suntree units. These units are configured slightly different but include separation chambers and bottom sump areas. • CDS and Stormceptor(manufactured by Contech Engineering Solutions). • Nutrient Separating Baffle Boxes(manufactured by Suntree). • Other units vary slightly. 5. TECHNICAL SPECIFICATIONS The Contractor shall provide regular maintenance for cleaning the units. It shall be the Contractor's responsibility to obtain unit manufacturer information, specifications, and maintenance guides/manuals necessary to perform the work. The manufacturers have maintenance guides available on company websites. These units are principally devices designed to trap debris,trash, sediment and hydrocarbon substances;most of these units are hydrodynamic type. Type Quantity Grate Inlet Skimmer Box 9 Pump Station Intake Protection 2 CDS Units 31 Stormceptor 11 Vault Sand Filters 4 Nutrient Separating Baffle Box 11 Snout 4 Page 1 of 3 Exhibit A-Scope of Services 1 6 A 1 2 5.1. Unit Cleaning The cleaning services are lump sum for each location (prices include equipment, operators, materials, labor, disposal,administrative,disposal tickets,mobilization,and Maintenance of Traffic). 5.1.1. Cleaning is recommended during dry weather conditions,when no flow is entering the system. 5.1.2. Cleanings may occur twice per year for each unit.The Division Representative will issue the work to the Contractor when services are needed. 5.1.3. The Division Representative will discuss extractions and disposal methods with the Contractor before services begin. 5.1.4. Utilize County provided GIS data to identify the location of each unit. 5.1.5. Understand site access requirements and any associated safety concerns. 5.1.6. Review each location where MOT (Maintenance of Traffic) is a requirement. There are areas where extensive MOT is required. 5.1.7. Use vactoring methods to extract oil and sediment. 5.1.8. Remove trash and debris from the areas. 5.1.9. Use the manufacturer's maintenance specifications for cleanings and or replacing booms/oil separators 5.1.10.Each unit should be completely pumped down and the sump fully evacuated of sediment. 5.1.11.If the inflow pipes are submerged below the water table,inflatable plugs should be deployed in all inflow and outflow pipes to facilitate a complete unit pump down and evacuation. 5.1.12.If a unit must be entered the Division Representative will review and approve ensuring proper equipment use. The Contractor shall refer to Occupational Safety and Health Regulations for confined spaces. 5.1.13.The Contractor will provide dewatering if units are full of water. 5.1.14.Each unit should be completely pumped down, and following the complete pump out, the Division Representative will perform inspections ensuring the work is complete. 5.1.15.Disposal shall be in accordance with state and local rules and regulations. 5.1.16.Material removed (i.e. dirt, trash etc.) shall be recorded by weight/type per specific unit cleaned. The Contractor shall submit debris disposal tickets showing disposed weight referencing the unit line items. 5.1.17.The Division is responsible for Municipal Separate Storm Sewer Systems(MS4)reporting;therefore,the Contractor shall email the Division Representative disposal data on a quarterly basis. 6. GENERAL INFORMATION 6.1. Work Schedules:The Contractor shall provide a work schedules before starting services to Division staff for on- site inspections. Failure to submit work schedule(s)may result in invoice rejection and services not paid. 6.2. Personnel and Equipment:Contractor shall have adequate personnel,crews,and equipment to perform the work. The Contractor's personnel and crews shall be adequately trained, communicate effectively with County staff, and capable of safely operating equipment and vehicles. 6.3. Safety: The Contractor shall use caution while working in the right-of-way (i.e., roads, sidewalks, bike paths, etc.). Always follow applicable FDOT and/or MUTCD requirements. Specifics include but are not limited to: 6.3.1.ANSI/ISEA Class 2 or 3 Vests,T-shirts,or similarly labeled garments depending on time of day. 6.3.2.Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and Stop/Slow Paddles,where necessary,required by law or the BCC. 6.3.3.An applicable work zone (Maintenance of traffic) plan based on FDOT and/or MUTCD designs on site. https://mutcd.fhw a.dot.gov/ 6.4. Maintenance of Traffic (MOT): The Contractor, or its subcontractor, is responsible in maintaining MOT to perform services in the right-of-way and roadways. The Contractor shall have MOT devices for adequate traffic control,and depending on the roadway, it may include signage,arrow boards,message boards,warning devices, barriers,and flagmen.(https://www.fdot.gov/design/standardplans/default.shtm) 6.4.1.MOT is a requirement for the safety and protection of the Contractor's employees and motorists during the Page 2 of 3 Exhibit A-Scope of Services 16Ai performance of services. It is the Contractor's sole responsibility for safety in the work zone. 6.4.2.MOT shall conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices(MUTCD). 6.4.3.The Contractor is authorized to subcontract MOT. It is a requirement that either the Contractor or subcontractor to have current FDOT approved MOT, Intermediate Level, Certification per FDOT, Design Standards,600 series indexes. 6.4.4.The Contractor's employee or Contractor's subcontractor is responsible for the MOT plan and equipment setup,this individual shall have current FDOT approved certification in their name,and they must be readily available within twenty(20)minutes of the initial contact by County staff to address work zone safety issues. 6.4.5.MOT setup that does not comply with FDOT standards, the contractor will need to cease operations until MOT is correct per the 600 series design standard. 6.5. Lane Closures: There are no lane closures permitted between the hours of 7:00 AM through 9:00 AM and 3:30 PM through 6:30 PM on weekdays. Lane closures require Maintenance of Traffic (MOT) with the proper placement of lane closed signs,pre-warning signs,arrow boards,traffic cones,etc. 6.5.1.Road Alert (Mandatory Requirement): Notify Growth Management Department, Customer Service Specialist,or designee on Wednesday before lane closure(s)by submitting the Road Alert Notification form so that staff can update the Road Alert message board. 6.6. Damages: If the Contractor is negligent in performing services resulting in damages, those damages shall be repaired or replaced at the Contractor's expense within seventy-two (72)hours. Some examples of negligence resulting in damages are hardscape damages,roadway,curbing,turf,and plants. 6.7. Inspections: Any work deficiencies noted during inspections need corrections before final acceptance,which is at the Contractor's expense.The Contractor shall correct deficiencies within 48 hours after receipt of notification by County staff. Invoices will not be approved for deficient work. 6.8. Compensation: Invoice submission for payment approval must be accurate and complete with details of services performed or commodities purchased. 6.8.1.County staff shall authorize invoice approvals for work completed that is satisfactory by the Division. 6.8.2.Debris disposal tickets(backup). 6.8.3.Invoice rejection will occur for non-completed work, deficient work, incomplete invoicing, or failure to submit backup documentation as requested by the Division. 6.8.4.Invoice must include,at a minimum: Division name,Contract number,Purchase order number,Work order number(if applicable),and details in the invoice body(i.e.bid line item number and work location). Page 3 of 3 Exhibit A-Scope of Services CPb l6 A 1 2 Exhibit B Fee Schedule following this page (pages 1 through 3 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) I 6 A 1 2 ITB#20-7740"Stormwater Debris Collector Unit Cleaning Services" EXHIBIT B FEE SCHEDULE EARTH VIEW,LLC SECONDARY VENDOR Item Debris Collector Lamp Sam ID Structare tp Spam Road Name Facility Name Model Canal Name X Gooad Y(wppTd N0. Type BCIap I SMDC-1 WBB-01-S0130 SecondaryWiggins Pass Rd Wiggins Pass Rd Structures Gratc hrbl N/A Wi Bav 390723.6385 711958.479 $1,500.00 ggms ggms Skimmcr Box ggms 2 SMDC-2 WBB•01•S0140 Secondary Wiggins Pass Rd Wiggins Pass Rd Structures SOX i"bt N/A Wiggins Bay 390711.4988 712074.804 $1,500.00 3 SMDC-3 WBB-01.$0150 Secondary Wiggins Pass Rd Wiggins Pass Rd Structures Grate Inkt Skimmer Box N/A Wiggins Bay 390613.8592 712075.516 $1,500.00 4 SMDC-4 WBB-01-S0160 Secondary Wiggins Pass Rd Wiggins Pass Rd Structures Grate skimmerBox ro x N/A Wiggins Bay 390554.8721 712140.628 $1,500.00 5 SMDC-5 WBB-01-S0170 Secondary Wiggins Pass Rd Wiggins Pass Rd Structures Grate Inkt Skimmer Box N/A Wiggins Bay 390552.3147 712390.558 $1,500.00 6 SMDC-6 WBB-01-S0180 Secondary Wiggins Pass Rd Wiggins Pass Rd Structures Grate Inlet Skimmer Box N/A Wiggins Bay 390551.8006 712631.055 $1,500.00 7 SMDC-7 WBB-01-S0I90 Secondary Wiggins Pass Rd Wiggins Pass Rd Structures Skunm Grate er InBoxlet N/A Wiggins Bay 390551.2671 712880.684 $1,500.00 8 SMDC-8 WBB-01.50200 Secondary Wiggins Pass Rd Wiggins Pass Rd Structures Skintm Gnle er Bo rBo x N/A Wiggins Bay 390550.734 713130.202 $1,500.00 Inbt 9 SMDC-9 WBB-01-S0210 Secondary Wiggins Pass Rd Wiggins Pass Rd Structures Grate Skimmer Box x N/A Wiggins Bay 390550.2209 713370.442 $1,500.00 Pump Station Gordan River Water 10 SMDC-10 GRE-42-50110 Secondary N/A Freedom Pak Pump 2 Intake N/A Quality Park 398883.32 669613.3 $1,500.00 Protection Pump Station Gordon River Water l I SMDC-11 GRE-36.50300 Secondary N/A Freedom Pak Pump 1 Intake N/A Quality Park396664.4577 670283.548 $1,500.00 Protcction CDS Storm Twin CDS PSWC 12 SMDC-12 LMB-07-S0130 Secondary Floridan Ave Naples Manor Ditch Water 5653 Lely Manor Canal 416065.2962 639350.101 $2,000.00 Treatment Uni - SMDC- CDS Storm 13 101 N/A Tertiary Immokale Rd Immokale Rd.CDS-35 Water PMSU 40_40 Pine Ridge Canal 396461.9669 705370.146 $1,500.00 Treatment Unt SMDC- CDS Storm 14 102 N/A Tertiary Immokale;Rd Immokale Rd.CDS-39 Water PMSU 20_IS Pine Ridge Canal 396468.3187 70551 L877 $1,500.00 Treatment Unt SMDC- CDS Storm 15 103 N/A Tertiary Immokale Rd Immokale Rd.CDS-42 Water PMSU 30_20 Pine Ridge Canal 396753.3207 705506.895 $1,500.00 Treatment Unt CDS Storm SMDC- Cocohatchee River 16 104 N/A Tertiary Immokale Rd Immokale Rd.CDS-63 Water PMSU 40_30 Canal 398459.5751 705369.332 $1,500.00 Treatment Uni CDS Storm West Branch SMDC- 17 105 N/A Tertiary Immokale;Rd Immokale Rd.CDS•68 Water PMSU 20_25 Cocohatchee River 398813.4028 705385.919 $1,500.00 Treatment Uni CDS Storm SMDC- Cocohatchee River 18 106 N/A Tertiary Immokale Rd Immokale Rd.CDS-76 Water PMSU 20_15 Canal 399477.9225 705380.404 $1,500.00 Treatment Unt CDS Storm SMDC- Cocohatchee River 19 107 N/A Tertiary Immokale Rd Immokale Rd.CDS-83 Water PMSU 20_25 Canal 400096.9009 705497.169 $1,500.00 Treatment Unt SMDC- CDS Storm C000hatchee River 20 108 N/A Tertiary Immokale Rd Immokale Rd.CDS-89 Water PMSU 20_25 Canal 400684.8259 705487.103 $1,500.00 Treatment Uni SMDC- CDS Storm Cocohatchee River 21 109 N/A Tertiary Immokale Rd Immokale Rd.CDS-97 Water PMSU 20_25 Canal 401298.4412 705507.605 SI,500.00 Treatment Unt SMDC- CDS Storm Cocohatchee River 22 110 N/A Tertiary Immokale Rd Immokale Rd.CDS-104 Water PMSU 20_15 Canal 401974.3947 705509.539 $1,500.00 Treatment Unt SMDC- CDS Storm Cocohatchee River 23 l l l N/A Tertiary Immokale Rd Immokale Rd.CDS-110 Water PMSU 20_25 Canal 402463.2984 705521.995 SI,500.00 Treatment Unt SMDC- CDS Storm Cocohatchee River 24 112 N/A Tertiary Immokale Rd Immokale Rd.CDS•116 Water PMSU 20_25 Canal 403106.4143 705520.148 $1,500.00 Treatment Unt CDS Storm SMDC- Cocohalchee River 25 1 t3 N/A Tertiary Immokale Rd Immokale Rd.CDS-121 Water PMSU 20_25 Canal 403557.5108 705528.438 $1,500.00 Treatment Uni SMDC- CDS Storm Cocohatchee River 26 114 N/A Tertiary Immokale Rd Immokale Rd.CDS-126 Water PMSU 20_25 Canal 404118.8624 705545.895 $1,500.00 Treatment Uni CDS Storm SMDC- Cocohatchee River 27 115 N/A Tertiary Immokale Rd Immokale Rd.CDS-I32 Water PMSU 20_IS Canal 404350.0821 705539.5 $1,500.00 Treatment Unt CO I 6 A 1 2 SMDC- CDS Storm Cocohatchee River 28 116 N/A Tertiary Immokale Rd Immokale Rd.CDS-139 Water PMSU 20_25 Canal 404910.098 705558.369 $1,500.00 Treatment Unt CDS Storm SMDC- Cocohatchee River 29 117 N/A Tertiary Immokale Rd Immokale Rd.CDS-144 Water PMSU 20_25 Canal 405461.6655 705518.115 $1,500.00 Treatment Unt SMDC- CDS Storm Cocohatchee River 30 118 N/A Tertiary Immokale;Rd Immokale Rd.CDS-153 Water PMSU 20_25 Canal 406152.8947 705564.041 $1,500.00 Treatment Unt SMDC- CDS Storm Cocohachce River 31 119 N/A Tertiary Immokale Rd Immokale Rd.CDS-161 Water PMSU 20_25 Canal 406848.5108 705569806 $1,500.00 Treatment Unt CDS Storm SMDC- Cocohatchee River 32 120 N/A Tertiary Immokale Rd Immokale Rd.CDS-166 Water PMSU 20 25 Canal 407526.6344 705589.475 $1,500.00 Treatment Uni CDS Storm SMDC- Cocohatchee River 33 121 N/A Tertiary Immokale Rd Immokale Rd.CDS-173 Water PMSU 20_25 Canal 408152.2195 705590.849 $1,500.00 Treatment Unt CDS Storm SMDC- Cocohatchee River 34 122 N/A Tertiary Immokale:Rd Immokale Rd.CDS-179 Water PMSU 20_25 Canal 408672.513 705594.996 $1,500.00 Treatment Unt CDS Storm SMDC- Cocohatchee River 35 123 N/A Tertian Immokale Rd Immokale Rd.CDS-186 Water PMSU 30 20 Canal 409365.8699 705613.476 $1,500.00 Treatment Unt CDS Storm SMDC- Cocohatchee River 36 124 N/A Tertiary Immokale Rd Immokale Rd.CDS-193 Water PMSU 20 25 Canal 410002.87 705612.013 $1,500.00 Treatment Unt SMDC- CDS Storm Cocohatchee River 37 125 N/A Tertiary Immokale Rd Immokale Rd.CDS-199 Water PMSU 20_25 Canal 410708.9315 705615.736 $1,500.00 Treatment Uni CDS Storm SMDC- Cocohatchee River 38 126 N/A Tertiary Immokale Rd Immokale Rd.CDS-207 Water PMSU 20_25 Canal 411738.6457 705540.805 $1,500.00 Treatment Unt SMDC- CDS Storm 39 127 N/A Tertiary Rattlesnake Rd Rattlesnake Rd.DDS.114 Water PSWC 56-40 422648.2853 645928.959 $1,500.00 Treatment Unt SMDC- CDS Storm Main Golden Gate 40 126 N/A Tertiary Livingston Rd Livingston Rd.CDS-21 Water PSW 50_50 Canal 409995.9307 665134.934 $1,500.00 Treatment Unt SMDC- CDS Storm Main Golden Gate 41 129 N/A Tertiary Livingston Rd Livingston Rd.CDS-37 Water PSW 30_28 Canal 410002.2791 666227.038 $1,500.00 Treatment Unt SMDC- CDS Storm 42 136 N/A Tertiary Bayshore Dr Bayshore CDS Water PSW 50-42 N/A 403295.8351 652772.778 $1,500.00 Treatment Uni 43 SMDC- N/A Tertiary Pine Ridge Rd N/A Vault Sand N/A N/A 397899.5228 683241.216 137 Filter System sum., 44 SMDC- N/A Tertiary Pine Ridge Rd N/A Vault Sand N/A N/A 396742.5881 683231.534 138 . Filter System $1,000.00 45 SMDC- N/A Tertiary Pine Ridge Rd N/A Vault Sand N/A N/A 398396.198 683242.521 139 Filter System $1,000.00 46 SMDC- N/A Tertiary Pine Ridge Rd N/A Vault Sand N/A N/A 397306.3937 683238.431 140 Filter System $1,350.W 47 SMDC- N/A Tertiary Piper Blvd Piper Blvd CDS-1 Slormeeptor STC 2400 N/A 407116.0578 705695 956 164 $2,800.00 48 SMDC- N/A Tertiary Piper Blvd Piper Blvd CDS-2 Stormceplor STC 900 N/A 407261.2403 705700.514 165 $2,800.00 49 SM66C N/A Tertiary Piper Blvd Piper Blvd CDS-3 Stormceptor Cocohatchee Canal 403295.8351 652772.778 $2,500.00 150 SMDC- N/A Tertiary Goodlette Rd Gordleue Rd.S-88A Stormceptor STC 4800 N/A 397407.8108 691876.765 141 $2,750.00 51 SMDC- N/A Tertiary Goedl ae Rd Goedlette Rd.S-89A Stormceptor STC 4800 N/A 397426.2905 692030.906 $2,750.00 52 SMDC- N/A Tertiary Goodlette Rd Goedlette Rd.S-90A Stormceptor STC 4800 N/A 397471.7277 692376.433 $2,750.00 53 SMDC- N/A Tertiary Goodkite Rd Goodktte Rd.S-99A Stormceptor STC 4800 N/A 397568.3673 693167.295 $2,750.00 144 54 SMDC- N/A Tertiary Gocdlette Rd Goodtette Rd.S-91A Stormceptor STC 4800 N/A 397614.8252 693515.629 $2,750.00 145 SMDC- 55 146 N/A Tertiary Danford St N/A Stormeeptor N/A N/A 399373.2311 644036.008 $2,500.00 56 SMDC- N/A Tertiary Danford St N/A Stormeeptor N/A N/A 399373.174 643993.604 $2,500.00 147 57 SM4SC N/A Tertiary Bay ST N/A Stormceptor N/A N/A 399393.234 643701.806 $2,500.00 1SMDC- Nutrient Suntee NSBBTM 58 149 N/A Tertiary W Delaware Ave N/A Separating Model#6-12 N/A 518276.4087 756063.267 Baffle Box $2,500.00 Nutrient SMDC- Suture NSBBoe 59 ISO N/A Tertiary Boston Ave N/A Separating Madel#5-10 N/A 517970.8423 757388.559 Baffle Box $2,500.00 Nutrient SMDC- Suntree NSBBTM 60 151 N/A Tertiary Boston Ave N/A Separating N/A 518131.5645 757390.299 Model#6.12 Baffle Box 52,500.00 SMDC- Nutrient Suntree NSBBTM 61 152 N/A Tertiary Immokale Rd N/A Separating Model#6-12-90 N/A 509382.0147 760582.337 Baffle Box $2,500.00 u it 6Ait2 SMDC- Nutrient Suntree NSBBT" 62 IS) N/A Tertiary Immokalao Rd N/A Separating Model!,5-10-90 N/A 513095.4797 760627.463 Baffle Box $2,500.00 Nutrient SMDC- Suntree NSBBT" 63 154 N/A Tertiary Colorado Ave N/A Separating Model N 5.10 N/A 517960.0012 756724.8 Baffle Box $2,500.00 Nutrient SMDC- Suntree NSBBTM 64 155 N/A Tertiary Floridan Ave N/A Separating Model N 6-12 N/A 518347.5178 756722.887 Baffle Box $2,500.00 SMDC- Nutrient 65 160 N/A Tertiary White BLVD White BLVD Baffle Box 2 Separating Suntree NSBBTM Cypress Canal 436163.9869 683563.064 Baffle Box $2,500.00 SMDC- Nutrient 66 161 N/A Tertiary While BLVD White BLVD Baffle Box 4 Separating Suntree NSBBTM Cypress Canal 436266.178 683563.993 Baffle Box $2,500.00 SMDC- Nutrient 67 162 N/A Tertiary White BLVD White BLVD Baffle Box 3 Separating Suntree NSBBT" Cypress Canal 436269.8939 683463.97 Baffle Box $2,500.00 SMDC- Nutrient 68 163 N/A Tertiary White BLVD While BLVD Baffle Box 1 Separating Suntree NSBBT" Cypress Canal 436168.6834 683457.457 Baffle Box $2,500.00 SMDC- Snout 69 156 N/A Tertiary KrkwoodAue N/A Stormwater Snout N/A 401918.25 656426.165 Quality System $1,250.00 SMDC- Snout 70 157 N/A Tertiary Kirkwood Axe N/A Slormwater Snout N/A 401677.9532 656422.714 Quality System $1,250.00 SMDC- Snout 71 158 N/A Tertiary Kirkwood Aw N/A Slonnwster Snout N/A 401917.8369 656389.838 Quality System $1,250.00 SMDC- Snout i 72 159 N/A Tertiary Kirkwood Ave N/A Slormwater Snout N/A 401683.6947 656385.156 Quality System $1,250.00 0 16Al2 Other Exhibit/Attachment Description: ❑ following this page (pages through ) n this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) _ 1 Al ACED® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD0 YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT A Marsh&McLennan Agency LLC PHONE Marsh&McLennan Agency LLC FAX 222 Central Park Avenue, Suite 1340 IA/C.No.Extl:757-456-0577 (A/C,No): Virginia Beach VA 23462 ADDRESS: certificates@MARSHMMA.COM INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:Phoenix Insurance Company 25623 Earth View, LLC 3494 Shearwater Street INSURER C:Travelers Prop&Casualty Co of America 25674 Naples FL 34117 INSURER D:Evanston Insurance Company 35378 INSURER E:Marketing 99999 INSURER F: COVERAGES CERTIFICATE NUMBER: 1012398588 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF /YPOLICY EXP LIMITS (MMIDD/YYYY) (MMIDDYYY) B X COMMERCIAL GENERAL LIABILITY Y Y CO7N91352A20 7/1/2020 7/1/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $300,000 X 5,000 MED EXP(Any one person) $10,000 ' PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X PRCOT- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: Per project capped $$15,000,000 B AUTOMOBILE LIABILITY 8107N67219020 7/1/2020 7/1/2021 COMBINED SINGLE LIMIT (Ea accident) $1.000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X AUUTOS BD PPROer aEcRdTY ntDAMAGE $ X Camp$1,000 X Coll$1000 PIP $10,000 aggregate C X UMBRELLA LIAB X OCCUR CUP8N00458A 7/1/2020 7/1/2021 EACH OCCURRENCE $15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED X RETENTION$10 000 _ $ A WORKERS COMPENSATION Y WC01793105 7/1/2020 7/1/2021 X ER P OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER - ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 E Leased and Rented EQ UM00030160MA20A 7/1/2020 7/1/2021 $500,000 DED$2500 Cranes 5%/$25K MIN D Install Floater&CE MMAENV001943 7/1/2020 7/1/2022 $250,000/$2,500 DED Owned CE$2,500 DED Professional/Pollution PROF$2M$25k DED POLL$2M/$4M Aggre DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:For any and all work performed on behalf of Collier County Collier County Board of County Commissioners is Additional Insured under the General Liability and auto policy with respects to work performed by the insured, as required by written contract,prior to a loss. Coverage is primary and non contributory where required by written contract or written agreement executed prior to any"accident",in no event will this coverage extend beyond the terms and conditions of the coverage form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 AUTHORIZED REPRESENTATIVE 3,,,,91,, ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD l 6A 1 2 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS (a) The Additional Insured — Owners, AN INSURED: Lessees or Contractors — Scheduled Any person or organization that: Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, a. You agree in a "written contract requiring in- the Additional Insured — Owners, surance" to include as an additional insured Lessees or Contractors — Completed on this Coverage Part;and Operations endorsement CG 20 37 b. Has not been added as an additional insured 07 04 or CG 20 37 04 13, or both of for the same project by attachment of an en- such endorsements with either of dorsement under this Coverage Part which those edition dates; or includes such person or organization in the (b) Either or both of the following: the endorsement's schedule; Additional Insured — Owners, Les- is an insured, but: sees or Contractors — Scheduled a. Only with respect to liability for"bodily injury", Person Or Organization endorsement "property damage"or"personal injury"; and CG 20 10, or the Additional Insured— Owners, Lessees or Contractors — b. Only as described in Paragraph (1), (2) or(3) Completed Operations endorsement below,whichever applies: CG 20 37, without an edition date of (1) If the "written contract requiring insur- such endorsement specified; ance" specifically requires you to provide the person or organization is an additional additional insured coverage to that per- insured only if the injury or damage is son or organization by the use of: caused, in whole or in part, by acts or (a) The Additional Insured — Owners, omissions of you or your subcontractor in Lessees or Contractors — (Form B) the performance of "your work" to which endorsement CG 20 10 11 85;or the "written contract requiring insurance" (b) Either or both of the following: the applies; or Additional Insured — Owners, Les- (3) If neither Paragraph (1) nor(2) above ap- sees or Contractors — Scheduled plies: Person Or Organization endorsement (a) The person or organization is an ad- CG 20 10 10 01, or the Additional In- ditional insured only if, and to the ex- sured —Owners, Lessees or Contrac- tent that, the injury or damage is tors — Completed Operations en- caused by acts or omissions of you or dorsement CG 20 37 10 01; your subcontractor in the perform- the person or organization is an additional ance of"your work"to which the "writ- insured only if the injury or damage arises ten contract requiring insurance" ap- out of "your work" to which the "written plies; and contract requiring insurance"applies; (b) The person or organization does not (2) If the "written contract requiring insur- qualify as an additional insured with ance" specifically requires you to provide respect to the independent acts or additional insured coverage to that per- omissions of such person or organi- son or organization by the use of: zation. CG D6 04 08 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 I 6 A 12 COMMERCIAL GENERAL LIABILITY 2. The insurance provided to the additional insured and collectible other insurance, whether primary, by this endorsement is limited as follows: excess, contingent or on any other basis, that is available to the additional insured when that per- a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the son or organization is an additional insured, or is minimum limits of liability required by the any other insured that does not qualify as a "written contract requiring insurance", the in named insured, under such other insurance. surance provided to the additional insured will 4. As a condition of coverage provided to the addi- be limited to such minimum required limits of tional insured by this endorsement: liability. For the purposes of determining a. The additional insured must give us written whether this limitation applies, the minimum notice as soon as practicable of an "occur- limits of liability required by the "written con- rence" or an offense which may result in a tract requiring insurance" will be considered to include the minimum limits of liability of any claim. To the extent possible, such notice Umbrella or Excess liability coverage required should include: for the additional insured by that"written con- (1) How, when and where the "occurrence" tract requiring insurance". This endorsement or offense took place; will not increase the limits of insurance de- (2) The names and addresses of any injured scribed in Section III—Limits Of Insurance. persons and witnesses; and b. The insurance provided to the additional in- (3) The nature and location of any injury or sured does not apply to "bodily injury", "prop- damage arising out of the"occurrence"or erty damage" or "personal injury" arising out offense. of the rendering of, or failure to render, any b. If a claim is made or "suit" is brought against 4 professional architectural, engineering or sur- the additional insured, the additional insured veying services, including: must: (1) The preparing, approving, or failing to prepare or approve, maps, shop draw (1) Immediately record the specifics of the ings, opinions, reports, surveys, field or claim or"suit"and the date received;and ders or change orders, or the preparing, (2) Notify us as soon as practicable. approving, or failing to prepare or ap- The additional insured must see to it that we prove, drawings and specifications; and receive written notice of the claim or"suit" as (2) Supervisory, inspection, architectural or soon as practicable. engineering activities. c. The additional insured must immediately send c. The insurance provided to the additional in- us copies of all legal papers received in con- sured does not apply to "bodily injury" or nection with the claim or"suit", cooperate with "property damage"caused by"your work"and us in the investigation or settlement of the included in the "products-completed opera- claim or defense against the "suit", and oth- tions hazard" unless the "written contract re- erwise comply with all policy conditions. quiring insurance" specifically requires you to d. The additional insured must tender the de- provide such coverage for that additional in- fense and indemnity of any claim or "suit" to sured during the policy period. any provider of other insurance which would 3. The insurance provided to the additional insured cover the additional insured for a loss we by this endorsement is excess over any valid and cover under this endorsement. However, this collectible other insurance, whether primary, ex- condition does not affect whether the insur- cess, contingent or on any other basis, that is ance provided to the additional insured by this available to the additional insured. However, if the endorsement is primary to other insurance "written contract requiring insurance" specifically available to the additional insured which cov- requires that this insurance apply on a primary ers that person or organization as a named basis or a primary and non-contributory basis, this insured as described in Paragraph 3. above. insurance is primary to other insurance available 5. The following is added to the DEFINITIONS Sec- to the additional insured under which that person or organization qualifies as a named insured, and tion: we will not share with that other insurance. But "Written contract requiring insurance" means that the insurance provided to the additional insured part of any written contract or agreement under by this endorsement still is excess over any valid which you are required to include a person or or- Page 2 of 3 ©2013 The Travelers Indemnity Company.All rights reserved. CG D6 04 08 13 1 6 A 1 2 COMMERCIAL GENERAL LIABILITY ganization as an additional insured on this Cover- a. After the signing and execution of the contract age Part, provided that the "bodily injury" and or agreement by you; and "property damage" occurs, and the "personal in- b. While that part of the contract or agreement is jury' is caused by an offense committed, during in effect. the policy period and: CG D6 04 08 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 3 of 3