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Agenda 03/08/2022 Item #16A12 (IFQ Contract #21-7885 Award to TSI Disaster Recovery, LLC for Beach Maintenance Related Activities)03/08/2022 EXECUTIVE SUMMARY Recommendation to award Agreements for Invitation for Qualification ("IFQ") No. 21-7885, "Beach Maintenance Related Activities," for county -wide general contractor services to TSI Disaster Recovery, LLC, Earth Tech Enterprises, Inc., and Kelly Brothers, Inc., and to authorize the Chairman to sign the attached Agreements. OBJECTIVE: To qualify multiple contractors to provide an efficient and timely response to address maintenance, repairs, and construction of the County's beaches and waterways. CONSIDERATIONS: The Coastal Zone Management Section is responsible for maintaining the County's beaches, inlets, and waterways. Securing services from contractors is necessary to address the maintenance, repairs, and construction including the annual capital improvement program projects efficiently and effectively. On May 6, 2021, the Procurement Services Division released notices of Invitation for Qualification No. 21-7885, Beach Maintenance Related Activities and four (4) proposals were received by the due date of June 16, 2021. Three proposers were deemed responsible and responsive, Advantage Construction Group, LLC was deemed non responsible for the inability to perform all tasks listed in the scope. The Selection Committee convened on August 12, 2021, and as described in the solicitation documents, the Committee scored each of the proposals and the proposers were ranked as listed below. Company Name City County State Final Rank Responsive/ Responsible TSI Disaster Recovery, LLC Melbourne Brevard FL 1 Yes/Yes Earth Tech Enterprises, Inc. Fort Myers Lee FL 2 Yes/Yes Kelly Brothers, Inc. Fort Myers Lee FL 3 Yes/Yes Advantage Construction Group, LLC. I North Port I Sarasota I FL 1 4 Yes/No The top three (3) firms are being recommended for award 1). TSI Disaster Recovery, LLC., 2). Earth Tech Enterprises, Inc., 3) Kelly Brothers, Inc. TSI Disaster Recovery, LLC has been in business since 2008 and has performed work with Collier County. Kelly Brothers has been in business since 1995 with a local office servicing Collier County and SWFL. Earth Tech Enterprises, Inc. has been in business since 2000 and is a local Naples vendor. The initial term of the agreement shall be for a three (3) year period with two (2) one-year renewal options, commencing upon the date of Board approval. Staff will solicit quotes from all Contractors for scheduled projects up to a value of $1,000,000 and bonds will be required for projects over $200,000. For urgent work (non-scheduled work), Staff will maintain a rotation schedule and assign accordingly. Urgent requests require Contractors to be onsite within 24 hours. This contract may be used by other County departments once awarded in accordance with the Procurement Ordinance. FISCAL IMPACT: Historically, County departments have spent approximately $100,000 annually; however, this may not be indicative of future buying patterns. The primary source of funding for this contract will be TDC Beach Renourishment Fund (195). This contract will be available to all County departments with each department using its own funding. Individual work orders are to be consistent with current budget allocations. Any expenditure using Fund 195 will be presented to the required advisory boards and Board of County Commissioners prior to the expenditure being authorized. Packet Pg. 506 16.A.12 03/08/2022 LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: To award Agreements for Invitation for Qualification ("IFQ") No. 21-7885, "Beach Maintenance Related Activities," for county -wide general contractor services to TSI Disaster Recovery, LLC, Earth Tech Enterprises, Inc., and Kelly Brothers, Inc., and to authorize the Chairman to sign the attached Agreements. Prepared By: Andrew Miller, PE, Manager, Coastal Zone Management Section ATTACHMENT(S) 1.21-7885 - Solicitation (PDF) 2. [Linked] 21-7885 - Submittal - Earth Tech (PDF) 3. [Linked] 21-7885 - Submittal - Kelly Brothers (PDF) 4. [Linked] 21-7885 - Submittal - TSI Disaster (PDF) 5.21-7885 - Final Ranking (PDF) 6.21-7885 - NORA (PDF) 7. [Linked] 21-7885 - Signed Contract - EarthTech (PDF) 8.21-7885 - Insurance - EarthTech(PDF) 9. [Linked] 21-7885 - Signed Contract - KellyBrothers (PDF) 10. 21-7885 - Insurance - KellyBrothers (PDF) 11. [Linked] 21-7885 - Signed Contract - TSI (PDF) 12. 21-7885 - Insurance - TSIDisaster (PDF) Packet Pg. 507 16.A.12 03/08/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12 Doe ID: 21216 Item Summary: Recommendation to award Agreements for Invitation for Qualification ("IFQ") No. 21-7885, "Beach Maintenance Related Activities," for county -wide general contractor services to TSI Disaster Recovery, LLC, Earth Tech Enterprises, Inc., and Kelly Brothers, Inc., and to authorize the Chairman to sign the attached Agreements. Meeting Date: 03/08/2022 Prepared by: Title: — Capital Project Planning, Impact Fees, and Program Management Name: Farron Bevard 02/03/2022 2:44 PM Submitted by: Title: Director — Public Utilities Planning and Project Management Name: Matthew McLean 02/03/2022 2:44 PM Approved By: Review: Growth Management Department Jeanne Marcella Growth Management Department Growth Management Operations Support Raquel Ovares Capital Project Planning, Impact Fees, and Program Management Jessica Arencibia Growth Management Department Gene Shue Additional Reviewer Growth Management Department Trinity Scott Transportation Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Procurement Services Patrick Boyle Additional Reviewer Procurement Services Sue Zimmerman Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer County Attorney's Office Colleen Greene Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Growth Management Operations Support Christopher Johnson Grants Therese Stanley Additional Reviewer Office of Management and Budget Susan Usher Additional Reviewer County Manager's Office Amy Patterson Level 4 County Manager Review Completed 02/07/2022 8:48 AM Additional Reviewer Completed Additional Reviewer Completed Completed 02/08/2022 4:38 PM Completed 02/11/2022 4:18 PM Completed 02/14/2022 9:24 AM Completed 02/14/2022 3:32 PM Completed 02/16/2022 10:18 AM Completed 02/16/2022 11:28 AM Completed 02/17/2022 8:59 AM Completed 02/17/2022 9:02 AM Completed 02/17/2022 1:36 PM Additional Reviewer Completed Completed 02/22/2022 12:08 PM Completed 02/25/2022 2:58 PM Completed 02/28/2022 9:53 AM Packet Pg. 508 03/08/2022 Board of County Commissioners Geoffrey Willig Meeting Pending 03/08/2022 9:00 AM Packet Pg. 509 16.A.12.a Collier C01411ty Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION FOR QUALIFICATION (IFQ) FOR BEACH MAINTENANCE RELATED ACTIVITIES SOLICITATION NO.: 21-7885 DEBORAH MCCORMICK, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-4270 Deborah.McCormick@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. 00 r` N Packet Pg. 510 16.A.12.a SOLICITATION PUBLIC NOTICE INVITATION FOR QUALIFICATION 21-7885 (IFQ) NUMBER: PROJECT TITLE: BEACH MAINTENANCE RELATED ACTIVITIES LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 IFQ OPENING DAY/DATE/TIME: June 16th, 2021 at 3:00 m EST. PLACE OF IFQ 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 As requested by the Coastal Zone Management Division (hereinafter, the "Division"), 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 vendors 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. Historically, County departments have spent approximately $100,000.00; however, this may not be indicative of future buying patterns. BACKGROUND The purpose of this solicitation is to provide cleaning and other various beach and waterway services to County beaches and grounds in various nuisance situations such as seaweed, red tide, or fish kill events, and inlet sedimentation shoaling buildups that are beyond the capacity of County staff. The maintenance activities associated with this contract will include but not be limited to escarpment removal, beach tilling, debris removal, waterway channel cleanups, beach grading and "urgent" mechanical dredging events to shoaling channel inlets. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (1) year renewal option. Prices shall remain firm for the first year of this contract. 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 contract under all of the terms and conditions contained in this contract for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Contract term not less than ten (10) days prior to the end of the Contract term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery, provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. DETAILED SCOPE OF WORK This Scope of Services is intended to provide the information by which Contractors may understand the requirements of Collier County relative to one (1) or more Contractors providing labor and equipment to perform maintenance activities on the beaches and waterways in Collier County including, but not limited to, Vanderbilt Beach, Park Shore, the City of Naples, and the City of Marco Island. The County's intent is to award to a pool of Contractors who meet the minimum criteria and qualifications. At a minimum awarded Contractor must possess a State of Florida General Contractor or Marine Contractor license. All work performed will meet or exceed County Utility Technical Standards, see link below: i 00 00 ti N c 0 .2 0 co u� 00 00 ti 11 N c m E z M .r Q Packet Pg. 511 https://www.colliercountvfl.2ov/your-government/divisions-f-r/public-utilities-planning-and-proi ect standards -manual The Contractor will provide beach maintenance consisting of, but not be limited to, the following: 1. ESCARPMENT REMOVAL: The formation of ridges which interfere with marine turtle nesting or which exceed eighteen (18") inches in height for a distance of one hundred (100') feet or more shall be mechanically leveled to the natural beach contour. The use of a road grader is the preferred method for performing this function. 2. BEACH TILLING: The Contractor may till the beach in preparation for sea turtle nesting seasons, and beach renourishment related project areas between the seaward edge of vegetation/seawall line and the mean high water line (approximate elevation, 1.7 NGVD) with equipment operated so as to penetrate and loosen beach sand (a) to a depth of twenty-four (24) to thirty-six (36") inches and (b) laterally without leaving unloosened compacted sand between the adjacent paths of tines or penetrating part of the equipment. (Suitable equipment is Caterpillar D9L/No. 9 Adjustable Parallelogram Multishank Ripper, or equal or a combination of suitable equipment for the intended work.) Upon completion of any tilling, the beach shall be evenly dragged to remove any ruts created by the tilling process for a uniformed surface. 3. DEBRIS REMOVAL: After certain storm events, it may be necessary to remove excess debris which cannot be removed by the routine beach cleaning operation. Debris removal will also include red -tide (fish kill) events. Such may involve the use of front-end loaders (w/root rake), backhoes, skidders, dump trucks and labor as required. 4. BEACH GRADING: Following activities such as debris removal, it may be necessary to perform certain beach grading to remove tire ruts and restore changes to the natural beach contour as a result of those activities. The use of a large box blade (minimum width of twelve (12) feet) or other similar equipment is preferred for performing this function. 5. CHANNEL & WATERWAYS: In storm related events, such as red tide (fish kills) or other related catastrophes of any sort, there are instances where county staff cannot provide the level of required services to remove debris, the Contractor shall provide the required labor and equipment to assist as needed to remove debris and dead fish kill. 6. MECHANICAL "URGENT" DREDGING: There are occasions when large accumulation of sedimentation buildup and shoaling will occur during storm events at the mouth of channel inlets causing restricted navigational conditions and boats running aground; in such conditions the Division will need to mechanically dredge the channel inlet as a matter of life and safety conditions. In such instances the Contractor will utilize a barge and extended long -reach excavator to remove the sand accumulation and place in an approved permitted nearshore or upland disposal area. 7. 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. 8. PILE INSTALLATIONS: The Contractor may install specified pilings in the designated location of the channel ways situated throughout Collier County for navigational signage as required. The piles will be provided by the County consisting of either fiberglass grade materials or marine grade timber. The pilings shall be jetted at a minimal depth of embedment to support navigational aide and signage as required and provided by the county. 9. PROCEDURES FOR DISTRIBUTION OF WORK: All awarded Contractors are expected to submit quotes for each Request of Quotation that will be issued under the resultant contract, for the duration of the contract. Repeatedly failing to submit a quote, when requested, may result in the removal of the awardee from the contract pool. A. Procedures for Non -Urgent Work: For projects with a value of $50,000 or less, the procedure for obtaining quotes from the awarded Contractors is outlined below: c 0 0 0 co u; 00 00 ti T N c 0 E t M .r Q 1. A quote will be requested from one (1) of the awarded Contractors on a basis that ensures a relatively Packet Pg. 512 16.A.12.a distribution of work. 2. The Contractor will respond with the information and/or proposal sought within seven (7) calendar days. 3. The County shall pay the Contractor for the performance of the work pursuant to the quoted price offered by the Contractor. The Contractor will be compensated for time and material not to exceed (T&M NTE) work. 4. Contractor will commence work upon County's issuance of a Purchase Order. The Contractor agrees that any Purchase Order that extends beyond the expiration date of the resultant contract will survive and remain subject 00 to the terms and conditions of the resultant contract until the completion or termination of work. ti N B. Procedures for proiects with a value of $50,000 to $1,000,000 are as follows: A 1. Quotations shall be solicited from all the awarded Contractors. Completion time and the collection of liquidated damages may be specified in the request for quotation. 2. Contractor may respond with the quote within ten (10) business days. The County's Project Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. 3. Performance and Payment Bonds are applicable for projects over $200,000. 4. Issuance of a Work Order by County. 5. Any project over $500,000 must be presented to the Board of County Commissioners for approval. 10. ON -CALL URGENT SERVICES: Urgent work shall be defined as any work that is not scheduled. Urgent work will be completed on a rotating schedule with one (1) Contractor designated for a one (1) week period. Each awarded Contractor shall supply all County departments utilizing the resultant contract with a minimum of two (2) twenty- four (24) hour urgent contact phone numbers. All Contractors must participate in the urgent work rotation, which will be equally divided among the awarded Contractors. The annual schedule will be developed at a meeting with all awarded Contractors at the beginning of the contract term, and annually thereafter. The Contract Administrator or designee will manage and maintain rotation schedules on a basis that ensures a relatively even distribution of the work. Urgent requests must be acknowledged and on site with a County designee within twenty-four (24) hours to evaluate the job, crews and equipment. Contractor must provide a Time and Materials Not to Exceed (T&M NTE) quote within 24 hours of the visit and also provide a schedule to complete required repairs. If maintenance of traffic (MOT) is needed, the contractor shall have three (3) hours from the quote submittal to set up MOT. The County may require the Contractor to secure work area via a temporary repair. Should a Contractor fail to respond to an urgent call the next Contractor in rotation shall be contacted. Any failure to provide coverage by a Contractor, may be subject to termination. Urgent services may be required after a hurricane or other natural disaster event. They County reserves the right to request services from contractors outside of the awarded contract, during a declared local state of emergency. 11. INVOICES: All T&M NTE work assignments will utilize a fee schedule for labor/parts/equipment. Fee schedule rates, which are N subject to additions or deletions, will be negotiated with the awarded Contractors and will be added to the contract for N utilization. For all T&M NTE work, Contractor(s) shall be required to provide backup documentation of Contractor's time and proof of the subcontractor services and/or parts/materials/supplies/equipment by providing invoices and receipts p at the time of invoice submission. Ancillary charges may be transferred to the County in the actual amount, mark-ups will not be allowed. Mark-ups will not be allowed on sales tax. 0 Awarded Contractors agree to the following, as it pertains to markups and labor rates on T&M NTE work: co 00 u� 1. The mark-up on rental equipment shall not exceed 10%. 00 2. The mark-up on materials shall not exceed 10%. ti T 3. The mark-up on subcontractors shall not exceed 15%. A copy of the Subcontractor invoice must be provided. N 4. The labor rates provided by the Contractor are to be fully burdened to include overhead, insurance, profit and use of company owned small tools and equipment. m E t 12. RATE INCREASES: M The Contractor may request a rate increase annually (Three hundred sixty-five (365) calendar days from contract Q commencement month/day). Retroactive rate adjustments are not authorized. Submit rate increase requests in writing via email to the Division Contract Administrator for consideration. Rate increase requests review and approval may take up to thirty (30) days to complete. Packet Pg. 513 2. 3. 4. 5. 6. 16.A.12.a The Contractor shall provide supporting documentation justifying rate increases. The Contract Administrator shall conduct a rate analysis to determine if rate increases are fair and reasonable. During the review process, the Contractor shall continue to fill all purchase orders received at the current contract rates. The Procurement Director has the authority to approve or deny rate increases. Rate increase requests are not guaranteed. If approved, the Contract Administrator will notify the Contractor in writing with the effective date of any approved rate increases and in accordance Procurement Ordinance, as amended. 13. GRANT COMPLAINCE: The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. The County reserves the right to waive any or all of these requirements if in the best interest of the County and to separately solicit any job. The County reserves the right to supply all necessary parts for selected projects and repairs. INVITATION FOR QUALIFICATION (IFO) PROCESS 1.1 The Proposers will submit a qualifications proposal which will be scored based 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 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: u� 00 00 ti N 1.6 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY' S Selection Committee to score c each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: -a Evaluation Criteria Maximum Points aa) E 1. Cover Letter / Management Summary 5 Points 0 2. Business Plan and Approach 25 Points � 3. Experience and Capacity of the Firm 35 Points 4. Specialize Expertise of Team Members 35 Points W N TOTAL POSSIBLE POINTS 100 Points N Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work o 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 information 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 v) random selection by the Procurement Services Director before at least three (3) witnesses. In 00 ---------------------------------------------------------------------------------------------------------------------------------------------------------- 00 ti Each criterion and methodology for scoring is further described below. c m EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available) E t Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning Q proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this IFQ. Packet Pg. 514 16.A.12.a EVALUATION CRITERIA NO.2: BUSINESS PLAN AND APPROACH (25 Total Points Available/10 Page Limitation) In this criteria, include but not limited to: • Describe how your company typically prioritizes projects when multiple requests are coming in at the same time. 00 • Provide a detailed plan of approach for a project that exceeds two hundred thousand dollars ($200,000). ti • Provide a sample schedule, with milestones for a project that exceeds two hundred thousand dollars ($200,000). r • Include with the Business Plan or as an attachment, a copy of a Project Summary as an example of work product. N This should be for one of the projects listed as a reference. Z EVALUATION CRITERIA NO.3: EXPERIENCE AND CAPACITY OF THE FIRM (35 Total Points Available) In this criteria, include but not limited to: • Provide information that documents your firm's qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. • Describe the various team members' successful experience in working with one another on previous projects. • Provide proof that your company is licensed as a General Contractor or Marine Specialty Contractor license in the State of Florida. • Provide a list of existing equipment owned by the contractor to deliver the services under this contract. • The County requests that the vendor submits no fewer than five (5) and no more than ten (10) completed reference forms from clients (during the last 5 years) whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the Proposer that best represent projects of similar size, scope and complexity of this project using Form 5 provided. Proposers may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO.4: SPECIALIZED EXPERTISE OF TEAM MEMBERS (35 Total Points Available) In this criteria, include but not limited to: In this criterion, include but not limited to: • Description of the proposed contract team and the role to be played by each member of the team. • Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** Packet Pg. 515 16.A.12.e IFQ #:21-7885 Title: Beach Maintenance Related Activities FINAL RANKING Name of Firm Clinton Perryman (PM) Richard Darroux Lisa Jacob Total Scores Total Scores TSI Disaster Recovery 96 100 100 296.00 1 Earth Tech Enterprises Inc. 95 100 100 295.00 2 Kelly Brothers 100 99 95 294.00 3 Advantage Construction Group LLC 83 61 32 176.00 4 Procurement Professional I PATRICK BOYLE Page 1 of 1 Packet Pg. 516 DocuSign Envelope ID: C1E8AE84-E8F8-4BB7-BACB-C9938A7F56F0 �� ,, 16.A.12.f 00111'ev County Administrative Services Department Procurement Services Division Notice of Recommended Award i 00 EO ti Solicitation: 21-7885 Title: Beach Maintenance Related Activities N Due Date and Time: June 16th, 2021 at 3:OOPM Respondents: Company Name City County State Final Ranking Responsive/Responsible TSI Disaster Recovery, LLC Melbourne Brevard FL 1 YES/YES Earth Tech Enterprises, Inc. Fort Myers Lee FL 2 YES/YES Kelly Brothers, Inc. Fort Myers Lee FL 3 YES/YES Advantage Construction Group LLC North Port Sarasota FL 4 YES/NO Utilized Local Vendor Preference: Yes 0 No - Recommended Vendors) For Award: On May 61h, 2021 the Procurement Services Division released notices of Invitation for Qualification 21-7885 Beach Maintenance Related Activities. 5,887 notifications were sent, 56 vendors viewed the solicitation information, and four (4) proposals were received by the June 161h deadline. All proposers were found to be responsive and responsible. One proposer was contacted to resolve minor irregularities due to incomplete/missing documents. The Selection Committee convened on August 12th, 2021 and as described in the solicitation documents, the Committee scored each of the proposals and the proposers were ranked as listed above. The Selection Committee recommended all proposers for award. After further review, Advantage Construction Group LLC is being deemed non -responsible due to their inability to perform all required services under the Scope of Work. The following contractors listed below are being recommended for award: TSI Disaster Recovery, LLC ranked as 1 Earth Tech Enterprises, Inc. ranked as 2 Kelly Brothers, Inc. ranked as 3 Contract Driven = Purchase Order Driven 0 Required Signatures Project Manager: a cu5" 1012112021 Procurement Strategist: DocuS"w'" . 10/21/2021 Packet Pg. 517 DocuSign Envelope ID: C1E8AE84-E8F8-4BB7-BACB-C9938A7F56F0 16.A.12.f Procurement Services Director: D—Signed by: H"U"k l seeeee��_es,eFs Sandra Herrera 10/25/2021 Date Packet Pg. 518 16.A.12.h ACCOR E CERTIFICATE OF LIABILITY INSURANCE I DATE(13/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ r REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. N IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed Z If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTj NAME: ennlfer Alf _ AWA Insurance Agency PHONE FAX 13700 Six Mile Cypress Pkwy AIC No Ext : 239-418-1100 A/C No): 239-418-1164 Suite# 1 ADDRESS: jennifer@awainsurance.com O 15 Ft.Myers FL 33912 INSURER(S) AFFORDING COVERAGE NAIC # to INSURERA: Allied World Insurance Company 22730 INSURED EARTTEC-01 Earth Tech Enterprises Inc 6180 Federal Ct Fort Myers FL 33905 INSURER B: Travelers Property Casualty Company of America 25674 INSURERC: Allied World Specialty Insurance Company 16624 INSURERD: Allied World National Assurance Company 10690 INSURER E: Brid efield Casualty Insurance 10335 INSURER F : Markel American Ins Co 9933 COVERAGES CERTIFICATE NUMBER: 1104473196 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y Y 60040954 ZOH-71N44196-21-ND 10/1/2021 10/1/2021 10/1/2022 10/1/2022 EACH OCCURRENCE $1,000,000 DAMAGETORENTED PREMISES Ea occurrence $ 100,000 X MED EXP (Any one person) $ 15,000 HULL & P&I X Maritime PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY jE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: C AUTOMOBILE LIABILITY 60001235 10/1/2021 10/1/2022 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PIP BASIC $ 10,000 D B X UMBRELLA LIAB X OCCUR 03130864 ZOX-41N43760-21-ND 10/1/2021 10/1/2021 10/1/2022 10/1/2022 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ XS over HULL & P&I $ 5,000,000 E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 0196-53784 10/1/2021 10/1/2022 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 F Inland Marine MKLM21M0000380 10/1/2021 10/1/2022 Rented/ Leased 800,000 E United States Longshoreman's and 0196-53784 10/1/2021 10/1/2022 Per Occurrence Per Occurrence 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Pollution coverage - 2,000,000 Aggregate Evanston Insurance Co. 21-7885 Beach Maintenance Related Activities 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 and to the extent required by written contract. 30 Day notice of cancellation applies CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 519 16.A.12.h POLICY NUMBER: 6004--0954 COMMERCIAL GENERAL LIABILITY , CG 20 37 12 19 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any owner, lessee, or contractor whom All Locations of the Named Insured you have agreed to include as an additional insured under a fully executed written contract or written agreement, provided that such was executed prior to an "occurrence", loss, injury or damage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "Your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Packet Pg. 520 CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 16.A.12.h POLICY NUMBER: 6004-0954 COMMERCIAL GENERAL LIABILITY , CG 20 10 1219 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) I Location(s) Of Covered Overations Any owner, lessee, or contractor whom you All Locations of the Named Insured have agreed to include as an additional insured under a fully executed written contract or written agreement, provided that such was executed prior to an "occurrence", loss, injury or damage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 1 A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Packet Pg. 521 CG 20 10 12 19 © Insurance Services Office, Inc., 2018 P 16.A.12.h B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by'the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. IL N Page 2 of 2 © Insurance Services Office, Inc., 2018 CG Packet Pg. 522 16.A.12.h POLICY NUMBER: 6004-0954 COMMERCIAL GENERAL LIABILITY CG 24 0412 19 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization against whom you have agreed to waive your right of recovery in a fully executed written contract or written agreement, provided such contract or agreement was executed prior to the date of the "occurrence", loss, injury or damage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. Packet Pg. 523 CG 24 04 12 19 O Insurance Services Office, Inc., 2018 KELLBRO-01 SE 16.A.12.j '4coRo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1 /5/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: - CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! j BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ O REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. Z 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 or CY this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). — PRODUCER License # L077730 CONTACT NAME: PHONE ) FAX No):(813) 983-2958 (A/c, No, Ext): (800 950-1076 }, AssuredPartners of Florida, Tampa 4600 West Cypress Street #550 Tampa, FL 33607 ADDRESS: 2 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Mitsui Sumitomo Insurance Company of America 20362 3 INSURED INSURER B : Auto -Owners Insurance Company 18988 L INSURER C : Navigators Insurance Co Kelly Brothers, Inc. 42307 0 INSURER D : National Casualty Company 15775 Pine Ridge Rd. 11991 0 Fort Myers, FL 33908 INSURER E: INSURER F a+ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI! 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM DD YYY POLICY EXP MM DD YYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 CLAIMS -MADE X OCCUR X OHM4510184 10/1/2021 10/1/2022 DAMAGE TO RENTED PREMISES Ea occurrence $ 25j0,1 MED EXP (Any oneperson) $ 5,1 PERSONAL & ADV INJURY $ 1,000,1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,1 POLICY ! PECOT- LOC PRODUCTS - COMP/OP AGG $ 2,000,1 POLLUTION $ 1,000,1 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,1 X BODILY INJURY Perperson) $ ANY AUTO X 41-429925-00 10/1/2021 10/1/2022 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ HIRED L NON -OWNED AUTOS ONLY AUTOS ONLY $ C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,1 X AGGREGATE $ 5,000,1 EXCESS LIAB CLAIMS -MADE NY21 LIA1 5079701 10/1/2021 10/1/2022 DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A WCSIG35019903 10/1/2021 10/1/2022 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,1 E.L. DISEASE - EA EMPLOYEE $ 1,000,1 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,1 A Protection&Indemnity OHM4510184 10/1/2021 10/1/2022 Deductible $5000 1,000,1 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) General Liability is Marine General Liability form. Umbrella is Bumbershoot form extending over MGL, P&I, Auto and Employers Liability. RE Marine Gener< Liability certificate holder is additional insured with waiver of subrogation regarding work performed by the named insured and only to the extent required I written contract. Bumbershoot follows form United States Longshore and Harbor Workers Compensation Coverage EFF 10/01/2021-10/1/2022 Signal Indemnity Mutual Policy #51400 SEE ATTACHED ACORD 101 Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE .L:, ?V✓M L d t a+ O lb N Y d v C R L N C 1; 00 00 ti N a W E t U M a+ Q ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 524 / 1 AFRO AGENCY kssuredPartners of Florida, Tampa POLICY NUMBER >EE PAGE 1 AGENCY CUSTOMER ID: KELLBRO-01 SE 16.A.12.j LOC #: 1 ADDITIONAL REMARKS SCHEDULE Page 1 of License # L077730 NAMED INSURED Kellyy Brothers, Inc. 15775 Pine Ridge Rd. Fort Myers, FL 33908 Lee CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: Protection & Indemnity - Mitsui Sumitomo Insurance Policy #OHM4510184 10/01/2021- 10/01/2022 includes Crews coverage satisfying the "Jones Act" requirement. MEL - Lloyd's of London policy# F10M1M16140421 10/1/2021 - 10/01/2022 USL&H Employers Liability Scottsdale Insurance Co policy # 71015 10/01/2021-10/01/2022 Project — Beach Maintenance Related Activities, #21-7885 Collier County Board of County Commissioners or Board of County Commissioners in Collier County or Collier County Governmer or Collier County are additional insured for general liability and auto liability on a primary and noncontributory basis per blanket form (attached) if required by written contract and subject to policy terms, conditions, and exclusions. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 525 16.A.12.j 14 M S I G Mitsui Sumitomo Marine Management (USA), Inc. Endorsement No: 6 Policy Number: OHM4510184 Insurance Company: Mitsui Sumitomo Insurance USA, Inc. First Named Assured: Kelly Brothers Inc. Endorsement Issue Date: 18/Nov/2021 Endorsement Effective Date: 01/Oct/2021 ADDITIONAL ASSURED AND WAIVER SUBROGATION ENDORSEMENT BLANKET This endorsement modifies insurance provided under the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. A. WHO IS AN ASSURED (Section II) is amended to include any person or organization as an Insured under this policy to the extent you are obligated by an "insured contract" to include them as Additional Assureds, but only with respect to "your work". B. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Loss Condition in the Common Conditions is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of "your work" with that person or organization, but only to the extent that you are obligated by an "insured contract' to provide such waiver of rights of recovery and only with respect to "your work" or to your premises or the premises you use. A and B above are only valid where the "insured contract' is executed prior to any occurrence which may lead to a claim hereunder. All other Terms, Conditions, Limitations Definitions and Exclusions remain unchanged. MUS MCL 0110 Rev 08.16 Page 1 of 1 Packet Pg. 526 Agency Code 12-0297-00 Policy Number 41-42 16.A.12. j 58504 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - BLANKET COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION II - COVERED AUTOS LIABILITY COVER- person or organization qualifies as an insured under AGE is amended. The following provision is added. SECTION II - COVERED AUTOS LIABILITY COVER - Any person or organization is an insured for Covered AGE, A. COVERAGE, 1. Who Is An Insured. Autos Liability Coverage, but only to the extent that All other policy terms and conditions apply. 58504 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 58583 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER PAYMENTS (WAIVER OF SUBROGATION) - BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION V CONDITIONS, A. LOSS CONDITIONS is amended. 5. Our Right to Recover Payments is de- leted and replaced by the following condition. S. Our Right to Recover Payments If we make a payment under this policy and the per- son to or for whom payment is made has a right to recover damages from another, we will be entitled to that right. That person shall do everything neces- sary to transfer that right to us and do nothing to prejudice it. However, we waive our right to recover payments made for bodily injury or property damage: a. Covered by the policy; and b. Arising out of the operation of autos covered by the policy, in accordance with the terms and conditions of a written contract between you and such person or entity only if such rights have been waived by the written con- tract prior to the accident or loss which caused the bodily injury or property damage. All other policy terms and conditions apply. 58583 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 N `m r 0 m 21 a� Y m L N C 00 N c W E U ca Q Packet Pg. 527 Agency Code 12-0297-00 Policy Number 41-42 16.A.12. j 58524 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DEFINITIONS This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION VI - DEFINITIONS is amended. 1. B. is deleted and replaced by the following definition. B. Auto means: 1. A land motor vehicle; 2. A trailer; or 3. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, auto does not include mobile equip- ment. As it applies to this endorsement only, mobile equipment does not include a snowmobile. 2. U. is deleted and replaced by the following definition U. Trailer means a vehicle which is designed to be connected to and towed by a power unit. Trailer does not include non -motorized farm machinery or farm wagons. A trailer is not equipment or custom furnishings. All other policy terms and conditions apply. 58524 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 58540 (12-19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - BLANKET COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION V - CONDITIONS, B. GENERAL CONDI- TIONS, 2. Other Insurance is amended. The following provision is added as it applies to this endorsement only When this insurance is primary and there is other in- surance for any person or organization, other than a Named Insured, which covers liability for your oper- ations, contribution from such other insurance shall not be sought by us when: (1) There is a written agreement between you and such person or organization that this insurance shall be primary and without the right of contribution; and (2) Such written agreement was in force prior to any bodily injury or property damage. All other policy terms and conditions apply. 58540 (12-19) Includes copyrighted material of Insurance Services Office Inc., with its permission. Page 1 of 1 N `m r 0 m 21 a� Y m 0 N C LO 00 N C W E U ca Q Packet Pg. 528 [H-�- 12.jWORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 3 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver of Subrogation as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date:10 / 01 / 2 0 21 Policy No. WCS I G 3 5 019 9 0 3 Endorsement No. Policy Effective Date: 10/01/2021 to 10/01/2022 Premium $ Insured: Kelly Brothers. Inc. DEIA: Carrier Name / Code: National Casualty Company WC 00 03 13 Countersigned by (Ed. 4-84) �O 1983 National Council on Compensation Insurance. Page 1 Packet Pg. 529 16.A.12.j IY1 3 I G Mitsui Sumitomo Marine Management (USA), Inc. Endorsement No: 36 Policy Number: OHM4510184 Insurance Company: Mitsui Sumitomo Insurance USA, Inc. First Named Assured: Kelly Brothers Inc. Endorsement Issue Date: 18/Nov/2021 Endorsement Effective Date: 01/Oct/2021 NOTICE OF CANCELLATION — 30 DAY LBLANKET) In the event of cancellation of this Policy by Underwriters hereon, up to thirty (30) days written notice will be provided to any person or entity where required by written contract executed prior to any accident, illness or occurrence covered hereunder and evidenced to Underwriters hereon by receipt of a certificate of insurance. In the event of cancellation for non-payment of premium by the Insured, no more than ten (10) days written notice of cancellation will be given. The number of notice days shall be the lesser of that required by the written contract or that shown on the certificate of insurance provided to Underwriters hereon, but in no case more than thirty (30) days (ten (10) days for non- payment of premium). Cancellation by the Insured or by a Premium Finance Company shall require no notice. All other Terms, Conditions, Limitations Definitions and Exclusions remain unchanged MUS GEN 0115 Rev 10.20 Page 1 of 1 Packet Pg. 530 116.A.12.1 I A� E CERTIFICATE OF LIABILITY INSURANCE I DATE IN 12/ 10/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT LanceTurck NAME: Amsley Insurance cervices Inc AICNNo Ext : (407) 892-9645 A/C No): (407) 892-7807 161713TH ST E-MAIL ADDRFSS. ` info �' Ymsle insurance.com V`" INSURER(S) AFFORDING COVERAGE NAIC # SAINTCLOUD FL 34769-4306 INSURERA: Colony Insurance Company 39993 INSURED INSURER B : American Alternative Insurance CO 19720 INSURER C : Liberty Mutual Insurance Co 23043 TSI Disaster Pecovery, LLC. INSURER D : American Zurich Insurance Co 40142 2323 SBabcock St INSURER E : Westchester Surplus Lines Insurance Co 10172 Melbourne FL 32901-5300 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR ( a oDAMAGE TO ctcur RENTED PREMISES)$ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 A X 103 a 0002946-06 03/14/2021 03/14/2022 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ JECT PRO- ❑ LOC ii PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ B EXCESS LIAB CLAIMS -MADE 60A2FF0000254-10 03/14/2021 03/14/2022 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE PER OTH- STATUTE ER E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Marine General Liability Protection and Indemnity LSMP21-1063 07/01/2021 07/01/2022 Per Occuran ce General Aggregate 1,000'0000 $2,000,000 CSL $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) D Inland Marine/Equipment 68045055 09/23/2021 09/23/2022 Scheduled Equip Ranted/Leased Equip $3,285,497 $3,186,900 EP011ution Liability G27909954007 10/02/2021 10/02/2022 $2,000,000 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 Policy on a primary and non-contributory basis if and to the extent required by written contract. 1f 7624- (1-9 Disaster Recovery, LLC.)"Annual Agreement for Marine Contractor Services CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 Procurement Services Division Ana.Reynoso@Colliercountyfl.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE f @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 531 Dal 16.A.12.1 CERTIFICATE OF LIABILITY INSURANCE 1/21 Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. Holiday, FL 34691 Insurers Affording Coverage NAIC # (727) 938-5562 N 0 Insured: South East Personnel Leasing, Inc. & Subsidiaries Insurer A: Lion Insurance Company 11075 Z InsurerB: 2739 U.S. Highway 19 N. ^ U Insurerc: Holiday, FL 34691 U. . Insurer D: _ C Insurer E: O Coverages a 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 V 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. Aggregate limits shown may have been reduced by paid claims. INSR ADDL Policy Effective Policy Expiration Limits 3 Or LTR INSRD Type of Insurance Policy Number Date (MM/DD/YY) Date(MM/DD/YY) _ GENERAL LIABILITY Each Occurrence O "' Commercial General Liability O Damage to rented premises (EA Claims Made ❑ Occur occurrence) w Med Exp _ Personal Adv Injury p General aggregate limit applies per: `- General Aggregate Policy ❑ Project ❑ LOC r = Products - Comp/Op Agg AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) L � Any Auto Q Bodily Injury All Owned Autos (Per Person) L Scheduled Autos Hired Autos Bodily Injury Non -Owned Autos (Per Accident) = O Property Damage (Per Accident) R 73 EXCESS/UMBRELLA LIABILITY Each Occurrence d Aggregate Occur ❑ Claims Made Deductible O V 0) A Workers Compensation and X I WC Statu- OTH- Employers' Liability WC 71949 01/01/2022 01/01/2023 tory Limits ER E.L. Each Accident $1,000,000 Any proprietor/partner/executive officer/member ILO r N E.L. Disease - Ea Employee $1,000,000 excluded? NO N If Yes, describe under special provisions below. E.L. Disease - Policy Limits $1,000,000 i d r.+ Other Lion Insurance Company is A.M. Best Company rated A (Excellent). AMB # 12616 to Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 92-70-447 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company": TSI Disaster Recovery, LLC H Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s), while working in: FL. 41 v Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. _ l0 A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937-2138 or email certificates@Iioninsurancecompany.com j N Project Name: _ INCLUDES USL&H. ISSUE 04-03-20 (SS). REISSUE 01-07-21 (SS). REISSUE 08-19-21 (SS). REISSUE 01-21-22 (BP) W tb ti N C Begin Date: 6/30/2016 0) CERTIFICATE HOLDER CANCELLATION E COLLIER COUNTY Should any of the above described policies be cancelled before the expiration date thereof, the issuing S insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to BOARD OF COUNTY COMMISSIONERS do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. Q 3295 TAMIAMI TRAIL E. NAPLES, FL 34112 Packet Pg. 532 16.A.12.1 A` O�RO0 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 01/12/2022 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). 863-675-2535 863-675-6702 Katherine Lallo, LLC CONTPRODUCER NAME: Katherine Lallo IAICPHOo 863-675-2535 .0 No): 863-675-6702 ADDRESS: P.O. Box 1365 INSURERS AFFORDING COVERAGE NAIC# Labelle, FL 33975 INSURERA: Florida Farm Bureau Casualty Ins. Co. 31216 INSURED 321-802-3537 Amy Hartman INSURERB: INSURERC: TSI Disaster Recovery LLC INSURERD: 2323 S Babcock St INSURERE: Melbourne, FL 032901 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSSR I OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF D POLICY EXPLTR MM IDDrfYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO PREMISES EaENTED occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ POLICY D JEIT LOC $ OTHER: AUTOMOBILE LIABILITY IEOM�BI�dan'SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY ABF 1344043 07/02/2021 07/02/2022 BODILY INJURY (Per accident) $ PerOPERTnDAMAGE $ $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE I PER STATUTE ER E.L. EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED? ❑ (Mandatory in NH) N / A E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) 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 Commercial Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract. For any and all work performed on behalf of Collier County. (:tK I It-It:A I t MIL)LLJtIt (.ANI r-LLA I IUn COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3295 TAMIAMI TRAIL E NAPLES, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Katherine Lallo, LLC ©1988-2015 ACORD CORPORATION. All rights reserved. N N a+ N fn U) I — Iv U c c� L c 00 00 ti N c aI E t U ns r r Q ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 533 Air EARTH TECH ENTERPRISES SOLICITATION #21-7885 IFQ BEACH RELATED ACTIVITIES June 16, 2021 3:00 P.M. Submitted By: Earth Tech Enterprises, Inc. 6180 Federal Court Fort Myers, Florida 34116 239-774-1223 butch@earthtechenterorises.com EARTH TECH ENTERPRISES Cover Letter and Management Summary EARTH TECH ENTERPRISES June 16, 2021 RE: Solicitation #21-7885 IFQ Beach Related Activities Dear Selection Committee, Earth Tech Enterprises, Inc. (Earth Tech) is pleased to submit our attached response to Collier County Solicitation # 21-7885 Beach Related Activities Our firm understands that if selected as a vendor for the work we will be the guardian of Collier County its citizen's best interest. We believe that the enclosed will clearly demonstrate that our firm has the skills, experience and financial strength required to undertake the services required Incorporated in 2000, Earth Tech is State of Florida Licensed General Contractor with a focus on heavy civil construction, beach re -nourishment and shoreline improvement projects. We are primarily a self -performing contractor, employing over 85 full time construction professionals including project managers, licensed General Contractors, heavy equipment operators and administrative staff. Based in Fort Myers, Florida we have a resume of successful beach re - nourishment and shoreline improvement projects throughout the state of Florida. The personnel and sub -contractors we employ to accomplish our work include individuals specializing in all disciplines required for the County's scope of services including beach and marine projects. Our team also has extensive experience working within limited staging areas, strict environmental permitting constraints, meeting accelerated schedules and active public input and involvement. Notably, our company has been awarded and successfully completed a number of beach related projects for Collier County Florida, most recently the Collier Beach Re -nourishment 2020-2021 Earth Tech Enterprises, Inc. is committed to providing the required financial resources, equipment and construction professionals for any undertaking. The Earth Tech ownership and employees sincerely welcome the opportunity to work again with Collier County. Questions co erning our submission can be directed to myself (239) 571-0204 ceCraearthtec!toterprises.com or Butch McGovern (239) 980-2611 butchPea rthenterprises.com Sincerely, Christopher(Georing, President 6180 Federal Court Fort Myers, Florida 33905 239-774-1223 Fax 239-774-1227 r A EARTH TECH ENTERPRISES Business Plan and Approach EARTH TECH ENTERPRISES Describe how your company typically prioritizes projects when multiple requests are coming in at the same time Response: Earth Tech routinely has numerous projects on going at any given time. Typically, we have a manageable mix of projects in pre -construction, construction and closeout. Earth Tech has the appropriate administrative and project management staff in place to effectively manage the company's backlog of work. As a general course of our business, Earth Tech is consistently pre -planning and adjusting our resources to meet project schedules this includes movement of equipment or adding manpower to a project. Clients with tight timelines or who need emergency service are given priority. Earth Tech has the financial resources, equipment and man -power required to accommodate clients who have projects with unique or extraordinary needs. EARTH TECH ENTERPRISES Provide a detailed plan of approach for a project that exceeds two hundred thousand dollars ($200,000). Response: The majority Earth Tech projects exceed $200,000. It will not be a challenge for Earth Tech to estimate, plan and execute a project with a contract value above $200,000. In general, our approach to every project involves three phases; Pre -Construction, Construction, Project Closeout Clearly, every project is different and circumstance may require some additional tasks not listed below. Some items may be compressed to accommodate an accelerated schedule. Pre -Construction —Tasks • Review specifications and plans to determine exact scope as it relates to materials and equipment needs • Site visit to determine access, review existing site conditions, ensure plans are consistent with site conditions • Prepare a detailed estimate of costs (materials, labor, sub -contractors) • Create initial schedule that ties into estimated labor and equipment needs • Secure required permits or sign offs • Pre -construction meeting with owner/engineer/stakeholders to discuss project goals and establish lines of communication • Assign project team (project manager, superintendent, foreman) • Contract with material suppliers and sub -contractors • Execute contract, firm up start date and project schedule Construction - Tasks • Establish staging areas, secure site, safety signage, temporary barriers and enclosures • Mobilize equipment • Complete work per plans/specifications • On site project meetings as required to keep owner/engineer and stakeholders up to date on progress Project Closeout • Verify work is complete and identify open items "punch list" • Final inspections • Closeout and permits • De -mobilize equipment • Restore site and clean-up work areas, turn over areas for owner use • Final inspections • Project closeout documents • Final invoicing and project accounting EARTH TECH ENTERPRISES Provide a sample schedule, with milestones for a project that exceeds two hundred thousand dollars ($200,000) Response: Please see attached example of a schedule for project that exceeds ($200,000) a Y W e x a 5 tl x .. Y. e p � x : a � a c c� a. ,. . W .. X rX `u g 6� b h Y IX $ g % Ei 8 g �� P� c. `j �$ s a e % W v � 5 �. IX. .. . m . -, 5 G .. .. m o m M w .. .g . m W .. .. .. .. .. .. .. .. .. � .. .. .. .. .. 1 i ♦ ♦ Y♦♦♦ Y A♦ i♦ ♦ Y ♦ ♦ ♦� i Y♦ i• i 1 i♦ 1 ♦ 4 i A .1� Y i 3 i B� -5 -� �' S na B e � 9 e� �g zg �� .a d "a � a� a � '� z ya E 3 i e T d d$ �__ G F a 3 q a a Y� � Y Y a � m �� I 3g` � o e j Y . C a X c a� 3 2 � Q � � a � g � � '� Y 3 �� 8n 3 ! i � � 's z a # � i � a 8 � as �� i z � � s r a e w e e � Ss. y `Y � � `e a 'a e e a `Y e e e u � 3 3 3 ST' S� S� S � 3 3� � .� .� Y 3 3 3 S� 3 .� 3 3 3 3 3 y 3S 3 e s � s � a ; � � � i � i 5 {{a {{5 s' � � e pppppp+' a a i � s � ? a � � � � G ? S? �£ E E G $� S S �� J� i�� S S � V As � S � � ��a s ssss s s s as �� s s�sE��ss� ?� � ��ss;s �=s �ss�� _ _ � I - �� rg� r�K �_� r� s 0 P V A 6 m Y n O a 2 d 5 a qN O O ��► S C _ RR® SRE RR9 RR&RR. RRL RRC RRC RR_ RRG ¢¢S pp. 66S ppS ppC WW. G- SB Re g6 RE }S� pt SC ¢G pE p. Gk pi S. p. {+ i Y Y Y Y i♦♦ Y i i i i i i Y i ♦ Y Y ♦} Y♦♦♦♦ .1 ♦ Y Y i ♦♦ YEe XTT 5 ¢#gg 3¢ 5 5� H a� 5 I s 5€ S� S i sf 5 T II IIII 'I II ${{ I g� "sp 3 3 �y 5 5 Sg a 3 ... ..... . . . . . .. .. . . . . . . ..| || tt§ §§§§§ § § § § § \\ \\ § § ! § § § §|§ ! !I |� If N A G i RRu qq: RR_ RR' 9. RR$ � RRR qq4 RR6 6 & RR3 RR8 ppffi ppffi pp: S M S C C C p • t G @@R $$9 $$R $$S $$P ¢C RC ¢= RS RRS pp� ggg ppA RR: PPA ¢¢t qqE ¢¢_ § S Y Y Y Y Y Y Y Y Y Y Y/♦ y♦ y♦ ♦ .1 1 Y Y d Y i Y♦ Y I ' � a i � J i p f� rp� x `x 3 i g Lw- qqa RR pYY g@� pp p__ s A d 3gg Qp gd @@ gg S S e e s A z a a � �v► S i 3 o�m ` �N O U m z m m J) D= pm �m �n II bg5 @I II Phi VI ipp 8 I (I 4 3 i �jjIII j�II �gJgJ � SO EARTH TECH ENTERPRISES Include with the Business Plan or as an attachment, a copy of a Project Summary as an example of work product. This should be for one of the projects listed as a reference. Response: Please see attached Project Summary — North End Beach Nourishment— Longboat Key, Florida North End Interim Beach Nourishment (truck in haul & placement) Completed September 2018 Longboat Key, Florida Cost $1,109,500 Owner Contact Town of Long Boat Key, Florida Isaac Brownman, Public Works Director 600 General Harris Street Longboat Key, Florida 34228 (941)361-1988 ibrownman@longboatkey.org Emergency Truck in Haul Project • 3rd consecutive Beach project for Town of Long Boat Key, Florida • FDEP/US Army Corp Permitted • Environmental protection, turbidity monitoring, vibration monitoring and survey • Transport and placement of 30,000 tons of FDEP approved sand from upland source- CEMEX Davenport Mine • Extensive MOT w/lane closures and haul route through high end residential beachfront community • Installed protective measures to mitigate damage to (2) concrete "r groins that had to be crossed to place beach fill. • Removed upland dune and reconstructed dune and re -planted after sand placement • Completed during unusual "red tide" event involved coordination with client to dispose of fish kill on beach • Completed in 15 days, 15 days ahead of schedule. F77 s A -�� EARTH TECH ENTERPRISES Experience and Capacity of the firm EARTH TECH ENTERPRISES Provide information that documents your firm's to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services Response: Please see attached information EARTH TECH ENTERPRISES Earth Tech Enterprises, Inc. (Earth Tech) over 20 years of experience successfully constructing and managing beach and marine projects. This includes Escarpment Removal, Beach Tilling, Debris Removal, Beach Grading, Channel& Waterways, Mechanical "Urgent' Dredging and pile installation. Our Previous Clients include: • Charlotte County, Florida • Citrus County, Florida • City of Bonita Springs • City of Key West • City of Marco Island • City of Naples, Florida • Collier County, Florida • Florida Department of Environmental Protection • Indies West Condominium Association • Lee County, Florida • Monroe County Florida • Peninsula Improvement Corporation • Town of Long Boat Key EARTH TECH ENTERPRISES Sample Project Experience (Escarpment Removal, Beach Tilling, Beach Grading) Project Name Owner Casey Key Seawall Beach Repair DN Higgins Lynn Hall Park Dune Restoration Lee County Florida Bonita Beach Club Beach re -grade Florida Structural Group/Bonita Bay Club Sugden Park Beach Collier County Florida Central Marco Beach Re -grade Collier County Florida Smathers Beach Re -nourishment (2019 & 2014 City of Key West North End Interim Beach Nourishment Town of Long Boat Key Tropical Debby Storm Repairs Collier County Florida 2016 Beach Nourishment North Collier Collier County Florida 2016 South End Emergency Nourishment Town of Long Boat Key Long Boat Key Central Key Nourishment Town of Long Boat Key Naples Beach Re -nourishment 2014 Collier County Estero Beach/shoreline restoration I City of Fort Myers, Beach EARTH TECH ENTERPRISES Sample Project Experience (channels and waterways) Project Name Owner Mooring canal clean-up Indies West Condo Association North End debris/fish kill clean-up Town of Longboat Key Char removal project Charlotte County Talis Park Lake & waterway debris clean-up Kitson & Partners Bridgetown Phase 4 — lake debris removals Pulte Homes EARTH TECH ENTERPRISES Sample Project Experience (Mechanical Dredging ) Project Name Owner Central Marco Beach Dredge/re-grade Collier County, Florida Regatta landings spoils removal Lennar Corporation Lake Regional Park -degrade spoil islands Lee County, Florida Oak Creek Canal Restoration City of Bonita Springs Carysfort Marina dredge Audubon Florida Port Bougainville dredge Audubon Florida Clam Pass Emergency Dredge Kyle Construction Rosemary Canal clean-up City of Bonita Springs Dagney Johnson Park -canal expansion Florida DEP Camp Keais Canal widening Peninsula Improvement Corporation Immokalee Sand Plant -start up pit dredge CEMEX IMR EARTH TECH ENTERPRISES Sample Project Experience (Pile Installation) Project Name Owner Doctors Pass /Moorings Marker Repairs City of Naples, Florida Shoreview Boat ramp and docks Pulte Home Corporation Wild Blue floating docks Pulte Home Corporation Key Bright Marina repairs DN Higgins Curry Fort Park dock and seawall Florida DEP Harbor Bay CDD Emergency Dock and seawall repairs Harbor Bay CDD Harbor Bay CDD- Navigation Marker Installations Harbor Bay CDD 05/19/2021 Collier County Procurement 3295 Tamiami Trail E Naples, FL 34112 RE: Earth Tech Enterprises, Inc. - Solicitation #21-7885 - Beach Maintenance Atlantic Specialty Insurance Company and Smith Insurance & Bonds of Fort Myers, Florida, provide surety credit to Earth Tech Enterprises, Inc. Atlantic Specialty Insurance Company has an A.M. Best rating of "A-" (Excellent) and a financial size of VII. We will consider typical single bond requests in the amount of $20,000,000 and with an aggregate backlog totaling $40,000,000. Individual bonds above the limits will be considered on the merits at the time of request. As always, Atlantic Specialty Insurance Company. reserves the right to perform normal underwriting at the time of any bond request, including, without limitation, prior review and approval of relevant contract documents, bond forms, and project financing. We assume no liability if for any reason we do not execute such bonds. We are confident with management's ability to perform and manage their work. We recommend Earth Tech Enterprises, Inc. for your consideration. Very truly yours, SMITH INSURANCE & BONDS Matthew T. Smith Attorney in Fact for Surety ��+IITH& BON StE SURETY BOND & COMMERCfA_ INSURANCE EXPERTS FiSuretyBonds.com 1 239.243.9729 a Oman 2039 West First Sireel, Suite 7 1 Fail Myers. Florida 33901 EARTH TECH ENTERPRISES Describe the various team members' successful experience in working with one another on previous projects. Response: Earth Tech Enterprises is a closely held company with many long term employees. A number of foreman, and equipment operators have been continously employeed by the firm since it started in 2000. As such, the company enjoys a very high employee retention rate. Given the nature of our work Earth Tech employees are constaintly interacting and working on the same project. As it relates to this solicitation, the proposed team will be highly experienced long term employees who have worked as a team on similar project in size and scope. Noteable Earth Tech's proposed team members including project managers, foreman and equipment operators have worked together with Collier County staff on all the previous beach projects completed by Earth Tech for Collier County The attached list represents key employees with Earth Tech who have specific beach related project experience while employeed by Earth Tech Enteprises, Inc. All of these employees are avalaible to meet the intent of this solicitation. EARTH TECH ENTERPRISES Key Employees- (Beach Related Project Experience) Name Role Industry xperience Chris Gehring President 35 Lisa Gehring Vice President 25 Butch McGovern Florida GC # CGC058184 Chief Operating Officer 30 Bob Day P.E. Fla P.E. #65234 Georgia P.E. #25448 Florida GC # CGC06194 Sr. Project Manager - Marine 38 Robert Rogers Marine Operations Manager 38 Bern Smith Sr. Project Manager 32 Paul Cotton Marine Superintendent 38 Derek Lippold Project Manager 25 Shon Stevens Superintendent 30 Morgan Gehring Superintendent 30 Scott Kerskie Equipment/Fleet Manager 25 Barrick Bartolone Foreman 5 Herbie House Foreman 24 Santiago Battista Foreman 23 Adam Nagle Foreman 20 Kristine Fouty Office Manager/ H.R. 25 EARTH TECH ENTERPRISES Provide proof that your company is licensed as a General Contractor or Marine Specialty Contractor license in the State of Florida Response: Please copy of Earth Tech Enterprises, Inc. current State of Florida General Contractors License \\§ } ��\} M>=2 §2m °Jm $°z } ~ >Rr f�0 /§c > ` n3 7k\ /§ ofo \ \ �\� /.� 2qn � CO $ - § 0 i k $ § 2 « 2 0 . §-M g §§ §$ _ Ul/ %2§ - o k§\ = /3� m k k J §cn> . �@ }}} g K 2 \ § k / \ { , o o c \ m / § kV[il hi EARTH TECH ENTERPRISES Provide a list of existing equipment owned by the contractor to deliver the services under this contract Response: Please see attached list of equipment owned by Earth Tech Enterprises, Inc. The equipment available to deliver to deliver the services under this solicitation F EARTH TECH ENTERPRISES EARTH TECH EQUIPMENT LIST Yard Locations: 6180 Federal Court Fort Myers, Florida 3625 State Road 82 Immokalee, Florida 7115 Oil Well Road Naples, Florida to 000 00 O O O O O O O O O O O O O O O O O O OI IN N N N NZEZ;cc N N z; I N N N N N N" N N N N N N N N N N N N N N N N N N N N � m LL LL �LL J C! 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Provide information on the projects completed by the Proposer that best represent projects of similar size, scope and complexity of this project using Form 5 provided. Proposers may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work Response: Please see attached information EARTH TECH ENTERPRISES Beach Restoration Client References Collier County, Florida Andy Miller— Principal Project Manager Coastal Zone Management 2800 South Horseshoe Drive Naples, Florida 34014 239-252-2922 Andrew.Miller @colliercountvfl.gov City of Key West, Florida Johnnie Yongue, EIT -Project Manager Public Works 633 Palm Ave Key West, Florida 33040 305-809-3867 ivongue@citvofkevwest-fl-gov Town of Long Boat Key Isac Brownman, Director Public Works Department 600 General Harris Street Long Boat Key, Florida 34228 941-361-1988 ibrownman(cDlonoboatkey.oro Rock Groin Installation- Lido Key Hurricane and Storm Repair Project U.S. Army Corp Project # W912EP190027 (completed May 20211 Lido Key, Florida Project Cost $ 1,942,735 Client Contact Cottrell Contracting Corporation Michael Kay P.E., Project Manager 328 North Battlefield Blvd Chesapeake, VA. 23320 757-547-9611 m i kek@ cottrellcontracti ng. com • Us Army Corp Permitted and inspected • Environmental protection and turbidity monitoring • Construction of (2) armor stone rock groins • Rail car transport and truck transport of Granite Armor stone from quarry in Sparta Georgia • Beach excavation and placement of stone filled marine mattress system — 22,000 s.f. • Placement of 4,800 tons of granite armor stone (bulk density 165lb/cf 2ton-6ton stone) • Provided full time QAQC officer, US Army Corp approved work plan prior construction • Coordination with beach fill from off shore borrow area, never closed beach to public Clam Pass, North Park Shore Beach Re -Nourishment (completed November 2019) Naples, Florida Project Cost $ 3,579,500 Client Contact Collier County, Florida Clint Perryman Coastal Zone Project Manager 2800 North Horseshoe Drive Naples, FL 34104 239-252-5342 Clinton.perrvman@coll iercou ntvfl.gov Truck in Haul • FDEP/Us Army Corp Permitted • Environmental protection and turbidity monitoring • Transport and placement of 165,000 tons of FDEP approved sand from upland source • Two dump/placement sites • South End direct placement of sand, North end placed with overland conveyor system • 7 day a week work schedule • Completed in 38 days, 5 days ahead of schedule, never closed beach to public EARTH TECH ENTERPRISES EVALUATION CRITERIA NO. 4: SPECIALIZED EXPERTISE OF TEAM MEMBERS (35 Total Points Available) In this criterion, include but not limited to: Description of the proposed contract team and the role to be played by each member of the team. Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services Response - Please see attached EARTH TECH ENTERPRISES Solicitation #21-7885 Key Team Members Name Proposed Role Tasks Christopher Gehring Key Contact Point Strategic Planning, Scheduling of forces, overall management of company resources and labor. Oversight of operations/coordination with County staff Butch McGovern Project Executive Project Administration, Estimating, Procurement, Permit coordination, liaison with stakeholders, assist project management staff Robert Rogers Project Manager Daily on- site management of staff, equipment, sub -contractors, management of safety program, coordination with county staff and stakeholders. Oversight of ETE supervision and foreman Morgan Gehring Superintendent Oversight of ETE operators, labor, control of field activities and logistics Barrick Bartolone Superintendent Oversight of ETE operators, labor Logistics, safety, supervision of jobsite activities Lisa Gehring Project Accountant Invoicing, closeout documents, liaison with county staff /clerk's office on all required documents required for payment and closeout EARTH TECH ENTERPRISES Name: Christopher Gehring — President Company: Earth Tech Enterprises, Inc. 6180 Federal Court Fort Myers, Florida 33905 Contact: cell (239) 571-0204 Work (239) 774-1223 cg@earthtechenteprises.com Work History: 07/1985-01/1995 EW Gehring Corp. 1/1995-9/2000 Standard Improvement Corporation- Co Owner 10/2000 — present Earth Tech Enterprises, Inc. President Certifications: Florida CDL Class A license Certified Diver Responsibilities: Owner/Controlling Shareholder Similar Beach Experience; Collier Beach Renourishment — 67,500 ton truck haul (2020) Smather's Beach Renourishment — Key West 25,000 ton truck in haul (2018)(2007) Long Boat Key North End Nourishment — Long Boat Key 30,000 truck haul(2018) Collier County Beach Restoration — 370,000 tons truck haul (2014, 2016, 2018) Longboat Key Beach Restoration — 425,000 ton truck haul (2016, 2017,2018) Key Largo, Florida/Marathon Florida — (Audubon Florida) — various shoreline restoration, reef construction, nearshore improvements ( 2003- 2007) EARTH TECH ENTERPRISES Name: Company: Contact: Butch McGovern- Chief Operating Officer Earth Tech Enterprises, Inc. 6180 Federal Court Fort Myers, Florida 33905 cell (239) 980-2611 Work (239) 774-1223 butch@earthtechenteprises.com Work History: 02/1996- 06/1999 McDevitt, Street, Bovis Project Manager 07/1999-01/2002 Shell Point Retirement Community Owner's Representative — Project Development 1/2002-1/2014 Owen -Ames -Kimball Company Shareholder / Division Manager 3/2015 — present Earth Tech Enterprises, Inc. Operations Manager Certifications: State of Florida General Contractor License #CGC058184 US Green Building — LEED OSHA 10 and OSHA 30 First aid training B.S. Finance Florida State University MBA Corporate Concentration -Florida Gulf Coast University Responsibilities: Manager of all business operations Similar Beach Experience; Constructed (2) Armor Stone Rock Groins- Lido Key Hurricane and Storm Repair Project (US Army Corp Project) (2021) Collier Beach Renourishment — 67,500 ton truck haul (2020) Smather's Beach Renourishment — Key West 25,000 ton truck in haul (2018) Oyster Reef Renovation (2019) Collier County Beach Restoration — 370,000 tons truck haul (2014, 2016, 2018) Longboat Key Beach Restoration — 425,000 ton truck haul (2016, 2017,2018) !i*. 1_m� EARTH TECH ENTERPRISES Name: Company: Contact: Robert Rogers- Manger of Marine Operations Earth Tech Enterprises, Inc. 6180 Federal Court Fort Myers, Florida 33905 cell (941) 266-6304 Work (239) 774-1223 robrogers@mail.com Work History: 9/1994-12/2004 FF Land Development, LLC Principal owner 1/2004-1/2014 American Marine Construction Principal owner 2/2015 — present Earth Tech Enterprises, Inc. Marine Operations Manager Certifications: State of Florida 6-20 All Lines Claims Adjuster License U.S. Army Corp of Engineers CQM-C Certificate First aid training Responsibilities: Manager of all marine projects and staff Similar Beach Experience; Constructed (2) Armor Stone Rock Groins- Lido Key Hurricane and Storm Repair Project (US Army Corp Project) (2021) Smathers's Beach Renourishment Key West 20,000 ton truck in haul (2004) Smather's Beach Renourishment — Key West 25,000 ton truck in haul (2018) Hide away Beach shoreline protection project 70,000 cy dredge/place (2008) Collier County Beach Restoration — 370,000 tons truck haul (2014, 2016, 2018) Longboat Key Beach Restoration — 425,000 ton truck haul (2016, 2017,2018) West Palm Beach, Florida Constructed Breakwaters along the intracoastal waterway with 1 to 2ton Armor stone Near Shore Reefs, dredging, sand placement (US Army Corp Projects) (2004-2006) Q Aw m 3 0 n v O W w r c CD N. — O r Z O 0 Q S SU T O 0- 0) O 0 V O rD 0 N N O nn FD C � 0 N AAq �V 0 4 - o O\ °41, m a N � � C' O p� CCD cn L G 0 Z C Q 0 Z 10 C D r_ Z D G) m m 0 Z D y 0 v O 3 O iVT e-t S rD n O Ln O -+1 m D QQ rD m Ln v z T C� r+ m' m S 3 as C") O v O_ m Q rA � N w^. s son m coke. County Administrative Services DepaMient Pr=mm nt Services D,*s Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items: u�( General Bid Instructions has been acknowledged and accepted. u Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. [� Form 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification [� Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http//dos.myflorida.com/sunbiz/ should be attached with your submittal. [y� Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. u Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal or you MAY be DEEMED NON -RESPONSIVE E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. ❑ Form 4: Certification for Claiming Status as a Local Business, if applicable, has been executed and returned. Collier or Lee County Business Tax Receipt should be attached with your submittal to be considered. Form 5: Reference Questionnaires form must be utilized for each requested reference and included with your submittal, id applicable to the solicitation. [� Form 6: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. Vendor W-9 Form. u Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. The Bid Schedule has been completed and attached with your submittal, applicable to bids. [� Copies of all requested licenses and/or certifications to complete the requirements of the project. All addenda have been signed and attached, or you MAY be DEEMED NON -RESPONSIVE. County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. [� Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. Coder County Administrative Services Deparmn t Procurement Services Dmsim Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terns, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 7tt _ day of June 2021 in the County of Lee , in the State of Florida Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: Earth Tech Enterprises, Inc. 6180 Federal Court Fort Myers, Florida 33905 P00000098390 59-3679652 4YD47 239-774-1223 butch@earthb l . President -Christopher Gehring Additional Contact Information Send payments to: Earth Tech Enterprises, Inc. (required if different from Company name used as payee above) Contact name: Lisa Gehring Title: Vice President Address: 6180 Federal Court City, State, ZIP Fort Myers, Florida 33905 Telephone: (239) 774-1223 Email: lisa@earthtechenterprises.com Office servicing Collier County to place orders (required if different from N/A above) Contact name: Title: Address: City, State, ZIP Telephone: Email: coA,er county Administrative Services Departrnent Procurement Services Division Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The turn has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (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 project identified above has been fully disclosed and does not pose afl, organizational conflict. State of Florida County of Lee The foregoing instrument was acknowledged before me of June (month), 2021 (year), by Chr Personally Known OR Produced Identification Type of Identification Produced Earth Tech Entemrises. Inc. Name Christopher Gehring - President Print Name and Title means of Efphysical presence or ❑ onli ' tion, this 7th day her Gehring name oPifcrson acknowled (Signature otary 0&94pfiLte of Florida) Bernard F. McGo (Print, Type, or Stamp Commissioned Name of Notary Public) '.s+= BERNARD E MCGOVERN MY COMMISSION N GG 218543 •% EXPIRES: June 22, 2022 '�rF,ora�p"•' Bonded Thm Notary Public Uodonn"ers 2021 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P00000098390 Entity Name: EARTH TECH ENTERPRISES, INC. Current Principal Place of Business: 6180 FEDERAL COURT FT MYERS, FL 33905 Current Mailing Address: 6180 FEDERAL COURT FT MYERS, FL 33905 US FEI Number: 59-3679652 Name and Address of Current Registered Agent: GEHRING, CHRISTOPHER L 3420 3RD AVE. S.W. NAPLES, FL 34117 US FILED Mar 15, 2021 Secretary of State 7949769674CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered once or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Officer/Director Detail Title PD Name GEHRING, CHRISTOPHER L Address 1180 BLUE HILL CREEK DRIVE City -State -Zip: MARCO ISLAND FL 34145 Title AGENT Name KERSKIE, SCOTT Address 6180 FEDERAL COURT City -State -Zip: FT MYERS FL 33905 Title VP Name LIRETTE-GEHRI NG, LISAA Address 1180 BLUE HILL CREEK DRIVE City -State -Zip: FT. MYERS FL 34145 I hereby ce" that Me information Indicated on this report or supplemental mport is true and accurate and that my elechonic signature shall have Me"" legal eged as If made under oath; that l am an officer or Mrecrorol the cmporatlon or the receiver or trustee empowemd to execute Mls mpon m required by Chapter 601, Fonda Statutes; and Mat my na m appears above, or on an attachment with all utherlike empawemd. SIGNATURE: LIRETTE-GEHRING, LISA VP 03/15/2021 Electronic Signature of Signing Officer/Director Detail Date 0031ei - comity Administrative Services Departrnenl Procurement Services Di mm Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (hM2s://www.e-verify.gov/), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or within five (S) day of the County s Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposallbid. Earth Tech E teipries, Inc. Corn Name Signature Christopher Gehring -President Print Name and Tide State of Florida County of Lee The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this 7th day of June (month), 2n21 (year), by Christopher Gehring name of rson acknowledging). (Sign e o otary Pub - State of Florida) Bernard F. McGovern (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced BERNARD F. MCGOVERN -` My COMMISSION # GG 218543 EXPIRES: June 22, 2022 Bonded Thm Noto Public UiMerwritem E-Verif �ry Company ID Number: 1689592 Information Required for the E-Verify Program Information relating to your Company: Earth Tech Enterprises, Inc. Company Name 6180 Federal Court Fort Myers, FL 33905 Company Facility Address 6180 Federal Court Fort Myers, FL 33905 Company Alternate Address County or Parish LEE Employer Identification Number 593679652 North American Industry 238 Classification Systems Code Parent Company Number of Employees 20 to 99 Number of Sites Verified for 1 Page 16 of 19 E-Verify MOU for E-Verify Employer Agents I Revision Date 06/01/13 E-vern my z Company ID Number: 1689592 Approved by: E-Verify Employer Agent Employer Earth Tech Enterprises, Inc. Name (Please Type or Print) Title McGovern Bernard Signature Date Electronically Signed 05/15/2021 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 05/15/2021 Page 15 of 19 E-Verify MOU for E-Verify Employer Agents I Revision Date 06/O1/13 L-Verity - Employer Wizard - Company Information Page 1 of 1 Everif Employment Eligibility Verification C'-'ck sv ® &i a Company Information .ewcma company Name: y..aw CDiaa Eartn %Ct EMepr:rtea =rvc Sevo Case[ . ... •,amPaM lD Rvmber 23:i]9B td". he0s Dmnq nusmess As(DSAI name �esrge paaswmU DUNS Number Cnanae Y[Wr:Vy C:xu:axc pnysicai Location-. Eno Comm.^y FY.4 dtlb[ess t ..^.o?a Gaden 6Ne>k JSPES adp:v'ew:ne� Addeess2 Vie.YEv:sl:fq infix Cny N". c—GompW a¢wnt 51a1e- s_ acne srcw RePsv GwntV CMUER VmwsAe,re-RCu_:.,m Additional fnformadon: ?m R.w•a' EmPloVer!denldicalion Number 3 �9552 S.ee.ne: Manua anal Npmbee MEmpioyeei is le 19 _Hare isaca Psxnl 6lgamzmipo. ..preae u+ Aomnusera e, Organiuf= Designation'. Employer Calegoi .cdx of mass "AlWdmms app y' Mailing Address AMII.5I Add.2 Gily Sues Zip Catls NAICS Code 298 3p4CALTYTRAMCOW.WkCIQRS TotY 3vi419 Sues I Imal Pmms at Comacc J•v brpNn.[nni Yc:m•.xb &c'st •�+.:Myv ..S.v.tenutlanp mryfm Arvcva .nm .ws¢v :�r V�k sft2,ar 'liewlEtli( View r Edit view l Ed¢ Ylew / FtlR ary v<. xmn r»hx s4ttutrl :e.ubae pY.:e:x https://e.veri fy. use is.gouem pi Employer Wizard.aspx un9,12015 E-Verify- Company ID Number: 1689592 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) Page 17 of 19 E-Verify MOU for E-Verify Employer Agents I Revision Date 06/01/13 E-Verify- Company 1D Number: 1689592 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name McGovern Bernard Phone Number (239) 774 - 1223 Fax Number (239) 774 - 1224 Email Address butch@earthtechenterprise.com Page 18 of 19 E-Verify MOU for E-Verify Employer Agents I Revision Date 06/01/13 C. IeT C.Ot4nt ' Administrative Services Departrnent Procurement Services Dihsion Form 4: Vendor Submittal — Local Vendor Preference Certification (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business) Collier County Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section Fifteen of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or 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 County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non -permanent structure such as a construction trailer, storage shed, or other non -permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or u Lee County: 3 Number of Employees (Including Owner(s) or Corporate Officers): 75 Number of Employees Living in [Collier County or 56Lee (Including Owner(s) or Corporate Officers): 70 If requested by the County, Vendor will be required to provide documentation substantiating the information given in this certification. Failure to do so will result in vendor's submission being deemed not applicable. Sign and Date Certification: Under penalties ofpfdurv. I certify that the information shown on this form is correct to my knowledge. Company Name: Earth TeLdh Enterprise: Address in Collier or Lee Cdutrty: 6180 Signature: Christopher Inc. Date: June 7, 2021 Fort Myers, Florida 33905 Title: President Confer County Adir nistrabw3 Services Oeparhnent prxurem ser�oes Division Form 5 Reference Questionnaire (UNE ONE FORM FOR EACH REOUIRED REFERENCE) Solicitation: Reference Questionnaire for: Earn' Tech Enterprises, Inc. (Name of Company Requesting Reference Information) Butch McGovern (Name of Individuals Requesting Reference Name: Andrew Miller Company: Collier County Coastal Zone Management (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) 239-252-2922 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firinlindividual again) and I representing that you were very unsatisfied (and would never hire the firmAndivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Collier Beach Re -Nourishment Project Description: 2020-2021 Completion Date: 12/15/2020 Project Budget: 1.094,070 Project Nmnber of Days: 05 Item Criteria Score must be completed) I Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover: invoices; manuals or going forward documematiou, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Calker COaarILY Adrmsh'ative SaRXW Depart r4' 0! r�fIXxtf8tn3t1r v�P.14lCPi $}I'+I:KY� Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE] Reference Questionnaire for: EARTH TECH ENTERPRISES, INC. (Name of Company Requesting Reference Information) Butch McGovem (Name of Individuals Requesting Reference Information) /% y . j / �}_ . _/ 1'�2!' Name:iM.v<..rr.i'f' / u4J1�G.i , ��.�pl_. f2 Company: !�1 ,e,�.�� (Evaluator completing reference questionnaire) (Evaluator's Company c �m(pi�ting reference) Emaili Yit c;—J e--kb cd � FAX: Teleohone(�Y2 )J5� �-7SYO Collier County has implemerited'a process thatcollects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivduual again), If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0" Fort Island Beach Sand Project Description: Renourishment �}}-_................ Project Budget �d-, Completion Date: Project Number of Days:..___ ---�Icx�S Item Criteria Score must be completed)] 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). I Quality of work. f - 4 Quality of consultative advice provided on the project. F5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; i invoices; manuals or going forward documentation, etc.) l� Ability to verbally communicate and document information clearly and succinctly. - r 8 Abiltity to manage risks and unexpected project circumstances. 9 —.-_ _ — Ability ____V Ability to follow contract documents, policies, procedures, rules, regulations, etc. _...._....__.._._.-- 10 Overall comfort level with hiring the company in the future (customer satisfaction). U i TOTAL SCORE OF ALL ITEMS ��~ ✓ �� ***11PDATEm LtWARY Z8. 2020... �e'r Gosanty ;9drr®tisha4ve Seth �epatt}t�tit r'7�urem�t:5eroices niwszxt Form 5 Reference Questionnaire (USE ONE FORM FOR 44CH REQUIRED RFFEREAVU) Beach Maintenance Related Activities Questionnaire for: EARTH TECH ENTERPRISE, INC (Name of Comlany Requesting Reference (Name of Individuals Requesting Reference Information) //�� j Name: M T C K Fir r L 1' r4 `{� PE Company: 6o rTRF I--&,,-fr,4Ac i rA) L CbR P, 4 (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) �Miict?��C [a+t{etico�.S}�e(C'l•�6•C©•^•+ Email: FAX: ?9'7-g3(--t16SJ1 Telephone. •-)0-��7 Collier County, has implemented a process that collects- reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work_ Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very satisifed (and would hire the farmlindividual again) and i representing that you were very unsatisfied (and would never hire the firm indivdival again). If you do not have sufficient knowledge ofpastperformance in aparticular area, leave it blank and the item or form will be scored " 0." Rock Groin Construction for Lido Key Hurricane and Storm Reduction Project Description: Completion Date: A � , ZO 2 Sal U*VtE[, Rol itle Project Budget: �) Q 4 2) J 3 S. 1 w Project Number of Days: J S f Itedt I Ability to manage the project costs (minimize change orders to scope). J 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 1 JD 4 Quality of consultative advice provided on the project. i 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 1 7 Ability to verbally communicate and document information clearly and succinctly. 8 R Abiltity to cnanago risks and uncxpcctvd Project cinu=1a11cc5. 4 Ability to follow contract documents, policies procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company iu the future (customer satisfactien). TOTAL SCORE OF ALL ITEMS �� ct mer county Administrative Services Department Pmc Wnt servir Divi:..rcn Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REOUMED REFERENCE) Solicitation. IM 21-7885 Beach Maintenance Related Activities Reference Questionnaire for: EARTH TECH ENTERPRISE, INC (Name of Company Requesting Reference Information) u �s I I tom) Gtc..J Gn•-� (Name of Individuals Requesting Reference Information) 1B(L(A&) Pra-W PheSIAF,V"1— r-L:�rL1.0A Name: Company: A o A (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) P-Ni —L(3 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the fum/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Beach Sand Replacement - Bonita Project Description: Bay Beach Club Bonita Springs, Florida Completion Date: Project Budget: * %&, 5 ,,C� Project Number of Days: 5- Item Criteria Score must be completed 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). Io 3 Quality of work. 4 Quality of consultative advice provided on the project. t o 5 Professionalism and ability to manage personnel. ) O 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) ( o 7 Ability to verbally communicate and document information clearly and succinctly. Zzo, 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. I� 10 Overall comfort level with hiring the company in the future (customer satisfaction). ( O TOTAL SCORE OF ALL ITEMS Coilier County Ad misaative services Oepartrnent Roo,rem ser s nhnsw Form 5 Reference Questionnaire (USE O;VE FORM FOR E W REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: Earth Tech Enterprises, Inc. (Name of Company Requesting Reference Information) Butch McGovern (Name of Individuals Name: Jack Praet (Evaluator completing reference questionnaire) Jack.Praet@Pultegroup.com Email AX: Company: Pulte Home Company (Evaluator's Company completing reference) 239-823-5169 Collier County has implemented a process that collects reference information on firms and their keypersomuel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the finm/individual again) and I representing that you were very unsatisfied (and would never hire the firmlindivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." wild Blue Boat Ramp, floating docks 4/15/2020 Project Description: and shoreline restoration Completion Date: Project Budget: $487,321 Project Number of Days: 1 Item Criteria Score must he co lekil I Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Golfer County Ac[tMstraCva Services Department Pmcure rd Ser s ❑mslan Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERE.1'CE) solicitation: Reference Questionnaire for EARTH TECH ENTERPRISES, INC. (Name of Company Requesting Reference Information) Butch McGovern (Name of Individuals Requesting Reference Information) Name: Steve Boutelle Company: Lee County (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the frm/indivdival again). If you do not have sufficient knowledge ofpast performance in a particular area, leave it blank and the item or form will be scored "0." Lynn Hall Park Emergency Dune Restoration Project Description: Truck Haul Project Project Budget: $174,981.80 Completion Date: 12/23/2020 Project Number of Days: 14 Item Criteria Score must be completed 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 9 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 9 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 98 Co rer County - AtAninistra6vasernioae Dr4i fttruae nt Proanemerrtervices nNiSsien Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REOUIRED REFERENCE) Reference Questionnaire for: EARTH TECH ENTERPRISES. INC. (Name of Company Requesting Reference Information) of Individuals Requesting Reference Name: t Jµ' 1J� (Evaluat mp eting reference questronnatre) TCompany: ! (Evaluator's Company completing reference) P019('(C,. Y VORCaTeleohone: Collier County has implemented a process that cXlects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very satisifed (and would hire the firmfmdividual again) and I representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge ofpast performance in aparticular area, leave it blank and the item or form will be scored 110." Project Description: North End Interim Beach Nourishment Project Budget:`P11 % (FitiJ>lt ©V Completion Date: /YXJ V, -qolU Project Number of Days: 115 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to managepersonnel. io b Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly: 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. f` 10 Overall comfort level with hiring the company in the future (customer satisfaction). 7V lJ TOTAL SCORE OF ALL ITEMS EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Earth Tech Enterpri*4, Inc. By: Christopher Gehring - President Name and Title 6180 Federal Court Street Address Fort Myers, Florida 33905 City, State, Zip 171511137 Number June 7, 2021 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I-12 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractors performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractors progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Earth Tech Enterprises, Inc Date June 7, 2021 Authorized Signature President EXHIBIT I - 11 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURAN COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Stang twin be venfBrd. Umeritabie stan,,R, will req we the PRwEw eitHer provide a revised statemTeltc or provide source IlDNnreMMion that v idanes a S1aDB. A. PRIME WENOWCOWRACTOR INFORMATION PRIME NAME PRIME FEtD NUMBER CONTRACTDOUARAMOUNT Earth Tech Enterpries,Inc. 59-3679652 TBD IS THE PRIM A FLORIDA-CERTIFIED DISADVANTAGED, MINORITY OR WOMEN BUSINESS ENTERPRISE? (MVIBE,°WBE) OR HAVE A SMALL DISADVANTAGED ADMINISTRA`r N7 ASEBVTCEDISIBLEOVETERAN3 BRAN Y ry DBE? Y MBE? Y WOE? Y N SDB BA? Y 5 THE ACTIVITY OF THIS CONTRACT... CONSTRUCTION? % ) N \P/ CONSULTATION?BUSME'SSSACERTIF?CAFIONFROMTH€SRtALLBUSINE55 OTHER? Y IS TMs SUBMISSMN A RMSION 71 y H IF YES, REmsion NUMBER Q,. IF PRIME HAS SUKONTRACTOR OR SUPPUER WHO IS A DFSADVAN17AGED MINORITY, , SMALL BUSINESS CONCERN (W SERVICE DISABLED VETERAN, PR#ME IS TO COMPLETE THIS NEW SEE IlON DBE M/WBE VETERAN SUMONTRACTOR OR SUPPLER NAME TYPE OF WORK OR SPECIALTY ETHNICrY CODE (see eetvw) SUB/SUPPUIER DOLLAR AMOUNT PERCENT OF CONTRACT DOUARS TBD TOTALi.: C. SECTION TO BE COMPLETED BY PRIME VENDORfCONTRACTOR NAME OF SUBMETTER DATE TITLE OF SUBMrrTER Earth Tech Enterprises, Inc. June 7, 2021 President EMAILAODREBSOFPABME{SUBMDTER{ TELEPHONE NUMBER FAXNUMBEN butch@earthtechenterprises.com 239-774-1223 239-774-1227 NOTE: This mFormation is usedto trade and report anfidpated DBE ,, MBE participation in federalty-funded :Mtracts. TFte antiopated ME W MBE amERIM is. V&MUry and win not 35Ltiarre Pan of the Contactual NTm5. This form must be submitted at tmseaf respoa;eto a sotitnation. A and when awarded a County mraract, the prime will be asked to update the information far the grant compliance fetes. .. _... B9adrtlmeritan BA HispanicAmestan HA f4atiVe' 14A subcont. Asian American SAA AEA0,NId lc APA. Non-tAnority Women RKW otner�not ofarw 16W O D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COLLIER tXA!'ITRACTB IFILWP or POIRE ' GRANT PROGRAM/CONTRACT ACCEpT®By- DATE. EXHIBIT 1 - 13 COLLIER COUNTY GRANT COMPLIANCE FORM BID OPPORTUNITY LIST FOR COMMODITIES, CONTRACTUAL SERVICES OR PROFESSIONAL CONSULTANT SERVICES It is the policy of Collier County that disadvantaged businesses and minority vendors, as defined in the Code of Federal Regulations (CFR) or Florida Statutes FS must have the ODDortunitv to participate on contracts with edeml and or state arantassistonce. Prime Contractor/PrimeConsultant: Earth Tech Enterprises, Inc. 6180 Federal Court Fort Myers, Florida 33905 Address and Phone Number: IFQ 21-7885 Beach Maintenance Related Activities Procurement Number/Advertisement Number: The list below is intended to be a listing of firms that are, or attempting to, participate on the project numbered above. The list must include the firm bidding or quoting as prime, as well as subs and suppliers quoting for participation. Prime contractors and consultants must provide information for Numbers 1, 2, 3, and 4; and, should provide any information they have for Numbers 5, 6, 7, and 8. This form must be submitted with the bid package. 1. Federal Tax ID Number: 59-3679652 6. DBE S. Annual Gross Receipts 2. Firm Name: Earth Tech Enterprises, Inc. 2 Non -DBE Less than $ 1 million 3. Phone Number: 239-774-1223 Between $ 1-5 million 4. Address 6180 Federal Court Between $ 5-10 million Fort Myers, Florida 33905 7. Subcontractor Between $10-15 million a Subconsultant More than $15 million 5. Year Firm Established: 2000 1. Federal Tax ID Number: 611 DBE 8. Annual Gross Receipts 2. Firm Name: Non -DBE Less than $ 1 million 3. Phone Number: Between $ 1-5 million 4. Address Between $ 5-10 million 7.e Subcontractor Between $ 10-15 million Subconsultant Morethan $15 million S. Year Firm Established: 1. Federal Tax ID Number: 6.[] DBE 8. Annual Gross Receipts 2. Firm Name: Non -DBE Less than $ 1 million 3. Phone Number: Between $ 1-5 million 4. Address Between $ 5-10 million 7. Between $ 10-15 million BSubcontractor Subconsultant More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. DBE B. Annual Gross Receipts 2. Firm Name: a Non -DBE Less than $ 1 million 3. Phone Number: Between $ 1-5 million 4. Address HMore Between $ 5-10 million 7. Subcontractor Between $ 10-15 million Subconsultant than $ 15 million S. Year Firm Established EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 at seq., apply to this certification and disclosure, if any. Earth Tech (Firm Name) Of President Name and Title of Contractor's Authorized Official June 7, 2021 EXHIBIT I -15 Request for Taxpayer Give Form to the Form ■ ■ VW=Q Identification Number and Certification requester. Do not (Rev. October 2018) send to the IRS. Department of the Treasury Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. t Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Earth Tech Enterprises, Inc. 2 Business name disregarded entity name, if different from above ro a Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to a+ a following seven boxes. certain entities, not individuals; see instructions on page 3): p ❑ Individuallsole proprietor or ElC Corporation S Corporation ❑ Partnership TmsVestate a single -member LLC Exempt payee code Of any) ao 4 ' ❑ Umited liability company. Ester the tax classification (C=C corporation, S=S corporation, P=Partnership) ► p Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that ti u is disregarded from the owner should check the appropriate box for the tax classification of its owner. t y ❑ Other (see instructions)► rrooex xoaccounm nmmra�e wrtvde m•u.sl a y 5 Address (number, street, and apt. a suite no.) See instructions. Requester's name and address (optionao d 61 BO Federal Court in 6 City, state, and ZIP code Fort Myers, Florida 33905 7 List account numbers) here (optional) Taxpayer Iderrtification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid I Social security number - m - For individuals, this is generally your social security number (SSN). However, for a backup when, the instructions for Part I, later. For other resident alien, sole proprietor, or disregarded entity, see sole .....b...... lAe.,Nenetinn �,,mher IFIM If vmx do not haves a number. See HOW t0 Oaf a TIN, later. or Note: If the account is in more than one name, seethe instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. 5 9 - 3 6 7 9 F6 1 5 2 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA codes) entered on this form (if any) indicating thaj m empt from FATCA reporting is correct. Certification instructions. You must yro€s out ern 2 above rf you en notified by the IRS that you am currently subtext to backup withholding because you have failed to report all interest,and divider s on your tax returr real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured grope cancellation of deontributions to an individual retirement arrangement (IRA), and generally, payments other than interest and divider, you are not reyoimd to sign the cation, but you must provide your correct TIN. See the instructions for Part II, later. 019" I signature of Here i person i Generallnstructj6ns V Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/F`ormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date► • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-0 (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat No. 10231X Form W-9 (Rev. 10-2018) INSURANCE AND BONDING REOUIREMENTS Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at httos !/apps ildfs corn bocexemnt/ 2. ® Employer's Liability $_1,000,000_ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_1,000,000_single limit per occurrence, $2,000,000 aggregate for Bodily ISO form Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000 Each Occurrence; Bodily Injury & Property Damage. Owned/Non-owned/Hired; Automobile Included 6. ® Other insurance as noted: ® Watercraft $ 1, 0 0 0 , 0 0 0 Per Occurrence ® United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ 1,000,000 Per Occurrence ® Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ 1,000,000 Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ® Pollution $ 1,000,000 Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed contract Bonds by Proposers receiving award, and written for 100% of the Contract award amount, the cost bome by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premium s shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 4/5/21 - CC Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. Name of Firm Vendor Signature Print Name Insurance Agency Agent Name Earth Tech Enttrp(ises, Inc. Christopher Sebring - President VTC Insurance Group Jeff Chandler - Vice President Date June 7, 2021 Telephone Number 248-828-3377 §¢2$ k\k \ y �\}\ \02 tA \ /\� \ ++\ 0 0 _ I {\j\ }� - > \m/n \M§n§. a: � o m \ \ \ j \ / >r R-n (m\. 2 E - §§ /# 22� _ _ }\ z > m �zq _ \ }\ \ \ k § o■ _ }}( k Z 2 2 > } \ § > \ § J E § - m z / \ > LA ' Q . o � FM v m CA rA H N 4�J Wo V H Coder County Administrative Services Division Procurement Services Date: 5/26/2021 Email: Patrick.Boyle@colliercountyfl.gov Telephone: 239-252-8941 Addendum 1 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum 1 for 21-7885 Beach Maintenance Related Activities The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1: Extended Due Date from June 7te, 2021 at 11:00am to June 16', 2021 at 3:00pm Extended Questions & Answers from June 1'2021 at 7:00am to June 9`s 2021 at 5:00pm. Change 2. Detailed Scope of Work: Words swaek dwetigh are deleted from the Solicitation document: A revised solicitation has been uploaded to BidSync. Change 3: Provided updated scope of work with scope changes (21-7885 Solicitation_rev52521.pdf) Change 4: Prices shall remain firm for the first year of this aereement. Change 5: The fellewiag aetivifies afe an e*ample of the sen,iees that fnight be efdefed, btA in no way is this list meant all inel ...:.ear deseFi .,.....eeifi.. wer4e these ..-.. only ........... Ies The Contractor will provide beach maintenance and related activities consistine of, but not be limited to, the followine: Change 6: BEACH TILLING: The Contractor shall —may till the beach in preparation for sea turtle nesting seasons, and beach renourishment related project areas between the seaward edge of vegetation/seawall line and the mean high water line (approximate elevation, 1.7 NGVD) with equipment operated so as to penetrate and loosen beach sand (a) to a depth of twenty- four (24) to thirty-six (36") inches and (b) laterally without leaving unloosened compacted sand between the adjacent paths of tines or penetrating part of the equipment. (Suitable equipment is Caterpillar D9L/No. 9 Adjustable Parallelogram Multishank Ripper, or equal or a combination of suitable equipment for the intended work.) Upon completion of any tilling, the beach shall be evenly dragged to remove any ruts created by the tilling process for a uniformed surface. PILE INSTALLATIONS: The Contractor shall may install specified pilings in the designated location of the channel ways situated throughout Collier County for navigational signage as required. The piles will be provided by the County consisting of either fiberglass grade materials or marine grade timber. The pilings shall be jetted at a minimal depth of embedment to support navigational aide and signage as required and provided by the county. Change 7: A. The pfeeedure for projects ,. A-quata-y:..,--oe,oqnes �.,An distribution of the 3. Igsunflng of a V19A Arc Procedures for Non -Urgent Work: For projects with a value of $50,000 or less, the procedure for obtaining quotes from the awarded Contractors is outlined below: l . A quote will be requested from one (1) of the awarded Contractors on a basis that ensures a relatively even distribution of work. 2. The Contractor will respond with the information and/or proposal sought within seven (7) calendar days. 3. The County shall pay the Contractor for the performance of the work pursuant to the quoted price offered by the Contractor. The Contractor will be compensated for time and material not to exceed (T&M NTE) work. 4. Contractor will commence work upon County's issuance of a Purchase Order. The Contractor agrees that any Work Order that extends beyond the expiration date of the resultant contract will survive and remain subject to the terms and conditions of the resultant contract until the completion or termination of work. Change 8: B. Procedures for projects with a value of $50,000 to $1,000,000 are as follows: 1. Contractor shall may respond with the quote within ten (10) business days. The County's Project Manager or designee will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote. Change 9: The County's Project Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. Change 10: Urgent work shall be defined as any work that is not scbeduled. 24 beat availability is needed to eemplete en sail ufgant vvaAE. UFgent woFk will be completed on a rotating sehedule with one (4) Centfaetef designated for a one (1) week period. Each awaFded GontfaetaF shall supply-14 Go" depattments utilizing this eantraot -A.Ath a, minimufn Af bw (2) twenty 1n;at (-24) hauf uFgant eantact phene numbers. All Gennactefs must patticipate in the ufgefft wor4E Fetation, whieh will be equally divided. The County PFojeet Managef of designee will manage and maintain FowtiAn schedules on a basis that ensutes a Felatively even fout, (24) hour to evaluate the job and eFews, equipment, and if needed Maimenapse of:;Faffis set up within 2.5 Urgent work will be completed on a rotating schedule with one (1) Contractor designated for a one (1) week period. Each awarded Contractor shall supply all County departments utilizing the resultant contract with a minimum of two (2) twenty-four (24) hour urgent contact phone numbers. All Contractors must participate in the urgent work rotation, which will be equally divided among the awarded Contractors. The annual schedule will be developed at a meeting with all awarded Contractors at the beginning of the contract term, and annually thereafter. The contract administrator or designee will manage and maintain rotation schedules on a basis that ensures a relatively even distribution of the work. Urgent requests must be acknowledged and on site with a County designee within twenty-four (24) hours to evaluate the job, crews and equipment. Contractor must provide a Time and Materials Not to Exceed (T&M NTE) quote within 24 hours of the visit and also provide a schedule to complete required repairs. If maintenance of traffic (MOT) is needed, the contractor shall have three (3) hours from the quote submittal to set up MOT. The County may require the Contractor to secure work area via a temporary repair. Should a Contractor fail to respond to an urgent call the next Contractor in rotation shall be contacted. Anv failure to provide coverage by a Contractor, may be subiect to termination. Change 11: 11. INVOICES: ln0i A-11 T-944 NT-P lAwk assignments will utilize a fee sehedule. Fee schedulp, Fates vAll be negotiated with the awarded l oattarten; and will be added to the contsaet f .. utilization For all TD M NTE ......1 Centfaeter(s) . ...........) eharges may b.. ,.uuaava.,,u , allawed. MaAE ups will nnt he Aawed an sales tax, constunef fees eF taxes, use and etheF gimilaf tamps aF fees a sseeiated with any .....rk unde. the .egult....t ,.,...nuet All T&M NTE work assignments will utilize a fee schedule for labor/parts/equipment. Fee schedule rates, which are subject to additions or deletions, will be negotiated with the awarded Contractors and will be added to the contract for utilization. For all T&M NTE work. Contractor(s) shall be required to Awarded Contractors agree to the following, as it pertains to markups and labor rates on T&M NTE work: 1. The mark-up on rental equipment shall not exceed 10%. 2. The mark-up on materials shall not exceed 10%. 3. The mark-up on subcontractors shall not exceed 15%. A copy of the Subcontractor invoice must be provided. 4. The labor rates provided by the Contractor are to be fully burdened to include overhead. insurance, profit and use of company owned small tools and equipment. Change 12: 12. PRICE RATE INCREASES: The CenlfaetoF Fnay request price Fate increases. RetFeaetive pfiee adjustments aFe not nutherized The Contractor may request a rate increase annually (Three hundred sixty-five (365) calendar days from agreement commencement month/dav). Retroactive price adjustments are not authorized. I- Submit pfiee Fate iHOFeaSO feqUeStS in writing via email to the Division Contract AdministFatoF thirty (30) days bef�@F@ the oentfaet FAney,n] tAfm for 9OHSidAFAtiOfl. Price inerease requests review Fnay take GV@F .h:...., jam days .,. «...l.a. . nerease requests in writing via Am -ail to the Division CoFA4;RG e,...e..te _e..:e........,.. take aye_ a,:-.y ram days e, wgAete Submit rate increase requests in writing via email to the Division Contract Administrator for consideration. Rate increase requests review and approval may take up to thirty (30) days to complete 2. The Contractor shall provide supporting documentation justifying price increases (examples: supplier material agreements, proof of fuel increases, etc.). 3. The Contract Administrator shall conduct a price rate analysis to determine price increases are fair and reasonable. One of the following methods may be priee eampefition r_,..:,,.. ing ethe- eempetitive bids of offers), market prices, historical prices, prief eampetitions, eF independent estimates. 4. During the review process, the Contractor shall continue to fill all purchase orders received at the current contract prices. 5. The Procurement Director has the authority to approve or deny rate increases. pFive adjus4nents that are fifteen (15%) ....-eent ,... halo.. Domee:......................,...a:.... fifteen (159%) . efeent .kill -equine approval by the ROaFd ..Gc..unty / ..-...-.:....:.......... 6. -PsiEe Rate increase requests are not guaranteed. If approved, the Contract Administrator or designee will notify the Contractor in writing with the effective date of any approved price increases. Change 13: l . Cover Letter / Management Summary 5 Points 2. 13asiaess Plan 25-Points 3. Pmjeet Appreaeh and Understanding 35 Points 4 &EpeFienee-and Speeialized-Expertise of Team ""--beF9 35Points Evaluation Criteria Maximum Points 5. Cover Letter / Management Summary 5 Points 6. Business Plan and Approach 25 Points 7. Experience and Capacity of the Firm 35 Points 8. Specialize Expertise of Team Members 35 Points Change 14: EVALUATION CRITERIA NO. 2: BUSINESS PLAN AND APPROACH (25 Total Points Available/10 Page Limitation) In this criteria, include but not limited to: Describe how your company typically prioritizes projects when multiple requests are coming in at the same time. Provide a detailed plan of approach for a project that exceeds two hundred thousand dollars ($200,000). Provide a sample schedule, with milestones for a project that exceeds two hundred thousand dollars ($200,000). Include with the Business Plan or as an attachment, a copy of a Project Summary as an example of work product. This should be for one of the projects listed as a reference. Change 15: in this inelude but not limited tw Provide'understanding of the overall intent «f the s a being requested. identify any issues ef eeneefas of signiC...e � e that may he .. Pleage de-ge.Fihe how yetif eempany typically pFieFitizes pFejeetswhen multiple requests aFe reining in atthe same time, ➢«....:de a det,.aed «l..« ..0 .. ....h for a that exceeds t. « hundred thousand dollars �$200nnn» ....»... p.«.. ... «j.i.: :«.... .... j.:.«.jwt ...... .......wo ...0 ..u..u..0 wuuou..0 uu+.mo �). EVALUATION CRITERIA NO. 3: EXPERIENCE AND CAPACITY OF THE FIRM (35 Total Points Available) In this criterion include but not limited to: Provide information that documents vour firm's to produce the reauired deliverables including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. Describe the various team members' successful experience in working with one another on previous proiects. Provide proof that your company is licensed as a General Contractor or Marine Specialty Contractor license in the State of Florida. Provide a list of exjsting equipment owned by the contractor to deliver the services under this contract • The County requests that the vendor submits no fewer than five (5) and no more than ten (10) completed reference forms from clients (durine the last 5 years) whose oroiects are of a similar nature to this solicitation as a part of their proposal. Provide information on the oroiects experience of the Proposer on relevant project work. Change 16: .10MAWOOOM" Mr. Miami - NO EVALUATION CRITERIA NO. 4: SPECIALIZED EXPERTISE OF TEAM MEMBERS (35 Total Points Available) In this criteria, include but not limited to: • Description of the proposed contract team and the role to be played by each member of the team. • Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. If you require additional information please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for i' s project. Please sign below and return coty of this referenced solicitation. Earth Tech (Name of Firm) Inc. with your submittal for the above 5/27/2021 Date CA�ev County Administrative Services Dmsion Procurer *nt Services Date: 6/3/2021 Email: Patrick.Boyle@colhercountyfl.gov Telephone: 239-252-8941 Addendum 2 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum 2 for 21-7885 Beach Maintenance Related Activities The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1: Rate increase requests are not guaranteed. If approved, the Contract Administrator will notify the Contractor in writing with the effective date of any approved rate increases and in accordance Procurement Ordinance, as amended. If you require additional information please post a question on our Bid Sync (vvww.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a this Addendum with your submittal for the above co y o referenced solicitation. / 6-4-2021 (Signature) Earth Tech Enterprl"s, hm. (Name of Firm) Date 0a� KELLY BROTHERS,INC LUMMLRLiAL MAkiNL IUN I kAL; Uk CGC1519780 Response to Invitation for Qualification Beach Maintenance Related Activities Solicitation No.: 21-7885 Created for Collier County Board of County Commissioners Procurement Services Division 3295 Tamiami Trail East, Bldg. C-2 Naples, FL 34112 Submitted on June 16., 2021 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www. kel lybros. net CGC1519780 KELLY BROTHERS, INC June 16, 2021 Collier County, Board of County Commissioners Procurement Services Division 3925 Tamiami Trail, East, Bldg. C-2 Naples, FL 34112 Dear Ms. Barbara Lance: Kelly Brothers, Inc. (KBI) is excited for this opportunity to submit our response to your Invitation for Qualifications (IFQ) for Beach Maintenance Related Activates, Solicitation No. 21-7885. Our business philosophy is simple; helping our clients achieve their goals, for the best value, on -time, while delivering the highest quality craftsmanship. KBI is locally owned and operated. Our main office is located on Pine Ridge Road in Fort Myers with our industrial barge landing and staging yard located in Fort Myers Beach. We own and operate a fleet of water craft and heavy equipment, which includes barges, crew boats, cranes, excavators, loaders plus much more. Dane Kelly, KBI's President and Co-owner will be your authorized point of contact for proposals. Dane works in our main office; his phone number is 239-482-7300. Proposals should be emailed to estimating(@kellybros.net. KBI's project portfolio contains over 1,200 projects for private developers, engineering and consulting firms, federal, state, city and county municipalities. We have successfully completed projects for the US Army Corp of Engineers, Florida Department of Environmental Protection, City of Cape Coral, City of Fort Myers and multiple water management districts. Our work also includes numerous projects for Collier, Lee, Charlotte, Sarasota, and various other counties throughout Florida. We are proud of our repeat clientele, which speaks to the quality of our work and the integrity of our company; Tarpon Point Marina, Maximo Marina, Diversified Yacht Services, and Marina Jack to name just a few. Included in our response is just a small sampling of projects we are proud to have completed through the years to familiarize you with our capabilities and experience. You will quickly appreciate our extensive experience and thus realize Kelly Brothers should be included in your pool of qualified Marine Contractors to perform the scope of services outlined in your IFQ. We are experts in our field and have a proven track record of successful projects and satisfied clients. We also are pleased to provide you with references able to speak to the professionalism of our employees and excellent quality of our work. Once awarded a project, KBI will assign an experienced project manager from our staff. He/she will work directly with Travis Kelly, KBI's Vice President and Co-owner, whom also serves as KBI's General Superintendent. Travis oversees our field staff. Both KBI's Project Manager and Travis work very closely with our Job Site Superintendent and their team of experienced crew members to flawlessly execute your project from start to finish. When a project involves specialty work, KBI will work with qualified subcontractors. We have developed strong working relationships with skilled subcontractors, their expertise strengthens our team approach and supplements the years of experience Kelly Brothers will bring to your project. Typical items we subcontract are utilities, surveying and fuel systems. Possible firms who may participate with our team will vary and be determined by the specific project requirements and scope of work for each project. 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net CGC1519780 KELLY BROTHERS, INC Leveraging over four decades of experience, we offer the expertise you need to complete your project on time and within the agreed upon budget. Kelly Brothers has the necessary facilities, ability, capacity, and financial resources to provide the work required for a successful completion. We look forward to hearing from you soon upon receipt of our IFQ. Please feel free to contact me with any questions or if you need additional information. Thank you again for your interest and consideration of Kelly Brothers. We look forward to being of service. Respectfully, 5� —2-- Dane Kelly President and Co -Owner Kelly Brothers, Inc. 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net a� CGC1519780 KELLY BROTHERS,INC Lur-IN1LRLIAL MAKirNL LuNIRALIOh Evaluation Criteria NO. 2: Business Plan • Kelly Brothers (KBI) provides world -class marine construction services and offers decades of experience working in, on, under, over and around the waters of southwest Florida. KBI's proven expertise has been acquired through the multitude of years and myriad of projects successfully completed during our 40 years in business. We have experience in managing multiple ongoing projects and prioritizing projects in order to successfully meet project milestones and completion timelines. We believe the process of prioritizing projects starts in the bidding process. Kelly Brothers will provide an honest assessment of our current and projected workload and provide a truthful timeline for a successful completion. It may not always be the preferred timeline; however, we feel it is best to be upfront and forthright in our abilities to accommodate a proposed schedule. If we feel a timeline is unachievable, whether it is due to workload commitments or the scope of work detailed cannot be successfully completed to our standard of quality within the desired timeframe, we will tell you so. We prefer to not be awarded the work rather than to make a commitment we may not be able keep. We tend to be conservative in our estimating timelines. This provides some flexibility in our scheduling to manage any unforeseen site conditions that may be lurking under the water. It is this approach that has made Kelly Brothers known as an ethical and respected leader in providing comprehensive commercial marine construction services. This well -deserved reputation was built on our team's uncompromising commitment to quality, service, safety and integrity. Once KBI is awarded a project, President, Dane Kelly, and Vice President, Travis Kelly, start the process of incorporating the work into our existing workload. An experienced project manager is assigned. He/she will coordinate with all project stakeholders to develop a realistic schedule that will be in the best interest of all involved. Project Management personnel meet with Dane and Travis weekly and as needed should an emergency response be required. They review the status of each project, discuss upcoming work, and how best to incorporate and prioritize new work into our existing workload. Client communication and feedback are important aspects of these scheduling meetings and are taken into consideration when prioritizing scheduling. Work under contract is typically given a higher priority than work pending award. This meeting also includes a review of equipment availability, staffing levels along with crew assignments, work hours, and deadlines. When we foresee the need for additional staff we work to recruit and hire qualified personnel to meet the demands of our workload. Again, we believe in open and honest communication when changes in our workload alter projected schedules. We do our utmost to accommodate our client's needs and honor our commitments. 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239) 482-8014 www.kellybros.net a� CGC1519780 KELLY BROTHERS,INC Lur-IN1LRLIAL MARINL LuNIRALIOh During our 40 years in business, KBI has completed over 1,200 multifaceted projects; we have learned from this experience to be efficient in our planning and the execution of our work. We also know to expect the unexpected. Our knowledge and expertise amassed over the years have proven to be invaluable in dealing with the varied and complex aspects of scheduling individual projects. Furthermore, we stand behind our commitments; our dedicated team is willing to do what it takes to get the job done as promised. Our people are our strength. KBI employees are willing to work long hours and weekends as needed to complete a project on time. Kelly Brothers is not just another company nor is your project just another job to Dane and Travis, their work is the family's namesake. They are proud of Kelly's Brothers' outstanding reputation and are committed to its future success. They inspire and impart that same sense of pride and commitment to their team; an incredible team dedicated to your success. Kelly Brothers will approach each of your projects with the expertise derived through our countless successful projects completed throughout southwest Florida. Whether it is a project estimate that exceeds $50,000 or $500,000 our approach to deliver a quality product on time and within budget is the same. We will utilize our staff, equipment, and knowhow to organize, implement, and deliver the scope of work as detailed in project requirements, drawings and specifications. Much of the scope of work detailed in the IFQ is primarily marine work, which is our company's specialty and our focus. The field of marine construction is what we do and the only thing we do. Our company has the ability to successfully manage a project from start to finish. Our material suppliers work closely with KBI to ensure competitive pricing, and the availability and delivery of the materials. Both vital in keeping your project within budget and on schedule. KBI has invested in plant and equipment to further enhance our abilities to control cost and deliver a top-notch quality product while adhering to the schedule. We have the equipment necessary for the various types of work outlined in this IFQ. Kelly Brothers owns and operates various barges, tug boats, and work boats needed for maneuvering and executing the work of projects in, on and around the waterways of southwest Florida. Further, Kelly Brothers has an extensive collection of equipment and tools, such as excavators, cranes, pile driving equipment, rock drills and punches, and other miscellaneous items too numerous to mention at our disposal. A partial list of our company -owned equipment has been provided in Evaluation Criteria No. 3, Experience and Capacity of the Firm as requested. Kelly Brothers always views a project as an opportunity to share our expertise. We scrutinize each project, examining areas we feel there may be the potential for adding value. We work jointly with all involved, taking into account public access, pedestrian traffic, and safety measures when executing our work. We will protect job sites, adjacent properties, work, and product at all times. We are experienced in working in the sensitive and highly visible environments of marine construction. Our team understands and delivers the attention to detail essential in maintaining safe, organized yet productive worksites. 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net a� KELLY BROTHERS,INC Lur-IN1LRLIAL MARINL LuN1RALIOh CGC1519780 For example, Kelly Brothers offers innovative solutions; such as the construction method utilized on the restoration project of the prestigious Naples Pier. To meet the timeline of this project and to minimize the disruption for public access, much of the work took place on dry land in Fort Myers. The pier superstructure and decking were fabricated off site at our shop; the preassembled sections were then delivered to the job site via barge. Once onsite the 30-foot sections were lifted into place via crane and bolted to the piers. The method worked flawlessly. Both Manhattan Construction, the prime contractor for this project, and the City of Naples were extremely pleased with the results. Once awarded a project, KBI will assign an experienced project manager from our staff, which will oversee every aspect of a project. He/she will work with project stakeholders to develop a schedule. The level of detail will be dependent upon the complexity of the project. The Project Manager will strive to ensure all applicable permits, licenses, and insurances are in place as needed to perform the scope detailed in the drawings and specifications. Our staff has experience with Federal and Florida State statutes, laws, regulations, and permitting requirements relative to marine construction. Our work has included projects for the various water management districts, Florida's Department of Environmental Protection and the West Coast Inland Navigation District. Commercial marine construction work is our livelihood, each and every project involves our navigating the legalities and permitting associated with the job. As a contract is being executed the KBI team conducts a final review of material quantities and a preliminary outline of the project schedule is drafted. At the time of contract execution, procurement of all project material begins with focus on long lead and custom fabricated items. If appropriate based on the scope of the project, subcontractors are selected, subcontracts are drafted, sent and are executed as quickly as possible. Permit applications are filled out and submitted upon receipt of final construction drawings. Commencement of the project is then determined by lead time for critical material, permit timelines, and availability of crew and equipment. Once a schedule has been finalized and all permits are received, the project would commence. Dependent on the scope and scale of the project, segments of the work could commence either simultaneously or in stages. He/she will work directly with Travis Kelly, KBI's Vice President and Co-owner, whom also serves as KBI's General Superintendent. Travis oversees our field staff. Both KBI's Project Manager and Travis work very closely with our Job Site Superintendent and their team of experienced crew members to flawlessly execute your project from start to finish. KBI personnel and equipment would be mobilized to the job site. Subcontractors would be scheduled and work completed as needed and when the timing is appropriate to incorporate their portion of the project into the overall schedule. As with typical construction, work would be managed so that work flow was continuous and efficient allowing each aspect of the project to transition with little or no delay. All work would be executed to plans and specifications. Inspections would be scheduled and conducted with appropriate personnel on site. Permits are closed out as necessary. Upon substantial completion walkthroughs would be conducted to close out the phase or the project as applicable. During the walkthroughs a punch list would be generated; any items listed would be addressed as quickly as possible. Upon completion of the punch list a final walkthrough would be conducted to confirm all work is complete and satisfactory. All project close-out items remaining open are then completed, such as demobilization, final billings, etc. 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net a� CGC1519780 KELLY BROTHERS,INC CUMMLkUAL "AKINL IUNIKAL.IUK • Following this page is Kelly Brothers, Inc (KBI) sample project schedule with milestones for a project over $200,000. KBI has the manpower and equipment capacity together with the expertise to effectively incorporate awarded projects onto our existing and projected work assignments. • Following the sample schedule information is a project summary for our work on the City of Punta Gorda's Cons Buckely Pass project. This project is included as one listed as a reference for this IFQ. Our work on this project included excavation, dredging, pile installation along with channel and waterway markers. a 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239) 482-8014 www.kellybros.net Sample Yacht Club Expansion (Estimated Value $950,000.00) Task Name Duration Start Finish July 1 September i l November i January 1 I March 1 May 1 July 1 September i November 1 l January 1 March 1 May 1 July 1 September 531 628 726 823 920 101811151213 110 2 37 44 52 530 627 725 822 919101711141212 19 26 36 43 51 529 626 724 821 918 Yacht Club Expansion 309.38 Mon Fri1/7/22 days 11/2/20 NTP/ Permitting 90 days Wed 9/2/20 Tue 1/5/21 1 NTP/ Permitting MOBILIZATION 10 days Mon Fri MOBILIZATION 10/12/20 10 23 20 PLACE EROSION CONTROL 5 days Mon Fri III PLACE EROSION CONTROL 10/26/20 10/30/20 DEMOLITION & DISPOSAL OF EXISTING DOCKS 1 day Mon 11/2/20 Mon DEMOLITION & DISPOSAL OF EXISTING DOCKS 11/2/20 days Tue 11/3/20 Mon 2/8/21 SEAWALL VINYL, #57 STONE, HELICALS & CONCR445 SEAWALL VINYL, # 7 STONE, HELICALS & CONCRETE CAP CAP UPLAND UTILITIES days Tue Mon 3/1/21 UPLAND UTILIT ES 12/29/20 FIXED MARGINAL DOCK PILES days Tue 2/9/21 Mon 3/8/21 FIXED MARGINAL DOCK PILES RIP RAP REFURBISHMENT 8 days Tue 3/9/21 Thu 3/18/21 Y�C RIP RAP REFURBISHMENT DREDGING & HAULING OF DREDGE MATERIAL (8) Man 45 days Fri 3/19/21 Thu 5/20/21 D EDGING & HAULING OF DREDGE MATERIAL (8) Man Crew Crew FIXED DOCK, Framing & Decking (8) Man Crew 55 days Fri 3/19/21 Thu 6/3/21 FIXED DOCK, Framing & Decking (8) Man Crew FIXED DOCK UTILITY ROUGH -IN 25 days Fri 4/16/21 Thu 5/20/21 FIXED DOCK UTILITY ROUGH -IN CONCRETE FLOATING DOCKS 60 days Fri 6/4/21 Thu 8/26/21 CONCRETE FLOATINGDOCKS CONTROL PILING & INSTALLATION STEEL/HDPE 20 days Fri 6/4/21 Thu 7/1/21 CONTROL PILING & INSTALLATION STEEL/HDPE CONCRETE PILES & GANGWAY BENTS (2) 6 days Fri 7/2/21 Fri 7/9/21 �i CONCRETE PILES & GANGWAY BENTS (2) FEND OFF PILES 10 days Fri 6/25/21 Thu 7/8/21 I FEND OFF PILES SITE ELECTRIC 90 days Tue 11/3/20 Mon 3/8/21 SITE ELECT UC MARINA ELECTRIC 60 days Fri 6/4/21 Thu 8/26/21 MARINA ELECTRIC ad DOCK UTILITIES days Fri 6/4/21 Thu 8/26/21 DOCK UTILITIES ROPE RAILING ays Fri8/13/21 Thu 8/19/21 +M ROPE RAILING DOCK AMENITIES ays Fri 8/13/21 Tue 8/24/21 J15 �i p DOCKAMENITIES DEMOBILIZATION days Wed 8/25/21 Tue 9/7/21 I� 0 DEMOBILIZATION Page 1 CGC1519780 KELLY BROTHERS,INC LUMMLkUAL "AKINL IUNIKAL.IUK Evaluation Criteria NO. 2: Experience and Capacity of the Firm Project Summary Project Summary: Cons Buckley's Pass Kelly Brothers' (KBI) was tasked to create a navigational access channel connecting the Punta Gorda Isles canal system to Charlotte Harbor. The channel, approximately 1,446 ft. long and 60 ft. wide, was cut through a mixed wetland / upland area. Over 17,500 CY of material was dredged to form the pass and clear the adjoining waterways. Due to the constrictive site conditions and access, dredging operations were limited to small barge loads of 65-75 CY of material, with multiple trips to the spoil site on a daily basis. In addition, 1050 LF of vinyl seawall with helical anchor tie- backs was installed below water to protect the newly formed mangrove banks. A Smalltooth Sawfish habitat was created, 900+ tons of rip rap was installed for erosion control, and 700 mangrove seedlings were planted. Pilings were driven and signage installed to complete the project. Regardless of the challenging site conditions, the project was completed on time and under budget. The City of Punta Gorda was pleased with the end result. Gary Disher, the City of Punta Gorda's Project Manager, provided a completed reference sheet for this project, which is included in our response within Evaluation Criteria No. 3, Experience and Capacity of the Firm. 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net .u� _s KELLY BROTHERS, INC • Total cost and estimated calendar day duration (included projected hours) o Total Cost: $1,788,424.16 o Estimated calendar day duration: 214 days per the original contract. An additional 71 days were added per owner -approved change orders for modifications in the scope of work for a total of 285 calendar days. o Projected Hours: 17,955. Projected hours are calculated using a seven -man crew at 285 working days with an average 9-hour work day. • Schedule of Values and deliverables: CGC1519780 Item Description Quantity Unit 01 Mobilization/Demobilization 1 02 Bonds & Insurance 1 LS 03 Clear, Grub & Dispose of Mangroves .64 Acres 04 Dredging/Channel Excavation 17,500 CY 05 Hauling to City Owned Site 17,500 CY 06 Vinyl Seawall & Whaler 1051 LF 07 Tie Back System 1051 LF 08 Riprap Revetments 280 LF 09 8" Piling (Fender) 68 EA 10 8" Piling (Restrict Access) 8 EA 11 10" Piling (For Signs) 10 EA 12 10" Piling (For Channel Markers) 5 EA 13 Signs & Markers 1 LS 14 Turbidity Controls 1 LS 15 Plant 1 Gallon Red/White Mangroves 700 EA 16 Plant 3 Gallon Green Buttonwoods 30 EA 17 Staging Site Restoration 1 LS CO-1 Rock Excavation for Seawall Install 1051 LF 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net a� CGC1519780 KELLY BROTHERS,INC CUMMLkUAL "AKINL IUNIKAL.IUh • Kelly Brothers competitively quote projects based on the scope of work detailed in the project's drawings and specifications. We do not typically provide a fee schedule of principals and staff, subcontractors and equipment rental as an option for pricing prospective work. However, we would be happy to discuss this possibility if selected as one of the firms to be included in your pool of qualified Marine Contractors for Solicitation 21-7885, Beach Maintenance Related Activities. • Position schedule: Position Hours Superintendent: 1788.00 Captain / Operator 1380.75 Operator: 1064.75 Skilled: 3435.00 Unskilled: 4543.75 Truck Driver: 232.00 Total Hours: 12,444.25 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net CGC1519780 KELLY BROTHERS, INC Evaluation Criteria NO. 3: Experience and Capacity of the Firm Kelly Brothers, Inc. (KBI) has an unrivaled reputation as an ethical and respected leader providing comprehensive commercial marine construction services. KBI has the ability, capacity, skill, and financial strength to provide the required services proposed in your Invitation for Qualifications, Beach Maintenance Related Activities, Solicitation No. 21-7885. KBI was founded over 40 years ago through the vision and passion of Danny Kelly, a commercial hard hat diver with vast marine experience and a propensity for problem solving and customer satisfaction. Dane and Travis Kelly joined the business, and are now the co -owners of Kelly Brothers, which continues to grow and prosper under their leadership. Dane and Travis are passionate about the business and legacy created by their father and share in the responsibility of shaping KBI for the future. They promote strong core values and hard work. Kelly Brothers, Inc. is a financially strong and stable company established on disciplined business practices and distinctive industry expertise. KBI has an exceptional reputation in its performance and garners a bonding capacity of in excess of $12,000,000. The company is headquartered in Fort Myers, where we have been locally owned and operated by the Kelly family since the firm's incorporation in 1980. Our 2"d location in Fort Myers Beach consists of both a material and equipment staging yard along with a full commercial barge landing. Our work ranges from marine demolition, to exclusive marinas and yacht clubs, to iconic landmarks such as the Naples Pier, Sanibel Causeway Bridge, and the Mallory Square Wharf. We do aerial crossings, artificial reefs, boat ramps, dredging, barge and crane services, boardwalks, box culverts, bulkheads, commercial diving, derelict vessel removal, erosion control, fender systems, floating docks, jetties, groins, mooring piles, bridges, piers, pile jackets, riprap revetment, seawalls, sheet piling (concrete, steel, vinyl), cathodic protection, slope protection, subaqueous cable and/or pipe crossings, underwater construction, demolition, and inspections along with water control structures. KBI's extensive portfolio contains over 1,200 projects for private developers, engineering and consulting firms, federal, state, city, and county municipalities. Over our 40 years in business KBI has completed numerous projects; with each undertaking we broaden our experience base and gain indispensable wisdom. Thus, we are able to draw from our vast history and experience to navigate the sometimes -murky waters of marine construction. Our company and our people benefit with each new challenge; we take the opportunity to think outside the box and collaborate on creative solutions. We have learned to listen, ask questions, and only then develop viable options for resolution shared using open and honest communication. This approach is simple but yet effective in achieving a positive outcome. With each occurrence we increase our knowledge, which in turns benefits you, our client. There is no substitute for years of experience KBI offers when dealing with the intricacies of marine construction. 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net Marine -3-6._.: Construction M A G A Z I N E a� KELLY BROTHERS, INC Kelly Brothers always views a project as an opportunity to share our expertise. We scrutinize each project, examining areas we feel there may be the potential for adding value. We collaborate with our clients to provide value engineering and implement cost saving measures. As part of KBI's work on your Chokoloskee Bridge Reconstruction project, Kelly Brothers crafted a cost savings initiative (CSI) in excess of one million dollars ($1,000,000). We were also able to value engineer the Florida Department of Transportation (FDOT) Myakka Bridge project. KBI proposed a CSI, which consisted of the construction of a temporary bridge over the Myakka River to carry all mainline traffic during construction. The CSI also included design changes which reduced the total cost to the State of Florida by $128,000. This CSI was accepted by the FDOT, which when implemented resulted in a greatly reduced impact to the traveling public. This project finished under budget and was completed on schedule. These projects offer just glimpse of our abilities to seize opportunities for improvement and cost savings. Continuous improvement is a part of our company's philosophy applied to both our internal processes and externally in the work we do for our clients. CGC1519780 In-depth experience, ingenuity, and resourcefulness are abilities you want and need in your marine contractor. Our knowledge and expertise amassed over our 40 years in business and 1200+ successfully completed projects will prove to be invaluable in dealing with the varied and complex aspects of individual projects. Leveraging over four decades of experience, we offer the expertise you need to complete your projects on time and within the agreed upon budget. A commitment to professionalism and excellence drives our company's culture to provide value and deliver quality in all we do. Our client's reference forms and letters of recommendation are evidence of our ability to deliver exceptional quality and customer service all while controlling cost and managing schedules. Furthermore, KBI has developed strong working relationships with a variety of specialty marine subcontractors in the southwest Florida area. Their expertise strengthens our team approach and complements the years of experience Kelly Brothers will bring to your projects. KBI has a well -established a pool of qualified skilled subcontractors experienced in the intricacies of marine work. We choose subcontractors based on the specific project requirements; we know which companies we can trust to deliver a quality product, on time and within budget. We have a group of qualified subcontractors in every discipline necessary to successfully complete any scope of work we may subcontract. • Kelly Brothers' personnel have the competency to efficiently and effectively execute the work outlined in the scope of work of your IFQ. Team members range from estimators, project managers, office support staff, site superintendents, marine and heavy equipment operators, shop and field personnel. 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239) 482-8014 www.kellybros.net CGC1519780 KELLY BROTHERS, INC Dane Kelly and Travis Kelly are the Co -owners of Kelly Brothers. They will be leading your projects and are KBI's key staff members charged with delivering exceptional -quality work, on time and within budget. Resumes have been provided Dane and Travis in the Evaluation Criteria NO. 4 section summarizing their vast and varied experience in the specialty of marine construction. The Kelly's foster a family atmosphere; employees are treated fairly and with respect. Expectations are set high for every member of the company. This results in a longevity seldom seen in the modern work place. Our management group and site superintendents have over 200 years of combined experience. The majority of that time being served with Kelly Brothers, working locally in the marine construction business. Four of our site superintendents have worked for KBI for 24 plus years; of which two have over 30 years of experience with our company. Many of our field personnel have also been with Kelly Brothers for numerous years. Working together for many years and in the local marine environment provides an exceptional combination of experience and expertise. Kelly Brothers team members have a multitude of successful projects and experience in working with one another on previous projects. Such as, KBI's recent work on Lee County's NE Hurricane Bay Maintenance Dredge project. Mark Kincaid, P.E., Vice President of Engineering with Coastal Engineering Consultants shared this with KBI: "Congratulation to the team for a great project. The KBI crew was outstanding, it is rare that a crew completes a dredge project without the need for a punch list at the end. Thanks to Jake, Travis and especially Raul and his crew." Additional details on our work for this project has been provided following the reference questionnaire provided by Mr. Kincaid, P.E. in this section. KBI was also contracted by Lee County to maintenance dredge the entrance channel and mouth of the canal located between Anchorage Way and Intracoastal Ct. on the Caloosahatchee River. The dredge limits extended from entrance channel markers 5 & 6 approximately 200 ft. into the mouth of the canal. The dredge area measured 40 ft. wide and 1,100 ft. long and was mechanically dredged to a depth of -5' MLW. A pre-bathymetric survey conducted by KBI established the dredge volume to be 2,267 cubic yards. 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net a� KELLY BROTHERS, INC CGC1519780 Temporary wood pilings were placed within the active dredge area to secure the turbidity curtain used to contain the disturbed soils during dredging. Turbidity testing was conducted twice daily while during dredge operations. Weekly reports were submitted to the County per environmental permit specifications. The waterway remained open during the dredge operation; KBI worked directly with local residences to allow boaters to safely pass while work was underway within the narrow channel. Dredge spoils were transported to KBI's Industrial Beach Yard and properly disposed of at a FDEP approved site. Timothy Gard, Lee County's MSTBU Coordinator and Project Manager, had this to say about our work: "Your firm is currently closing out the above referenced maintenance dredging contract for Lee County. The project included channel dredging of 2,246 cubic yards via mechanical dredging, replacement of navigational aid piles, staging/transport/disposal of dredged materials, and associated activities. To date, I have received only compliments from the residential community surrounding the work site. Your communication regarding the operations was very thorough and the finished product exceeded expectations. Based on this, I can certainly recommend Kelly Brothers, Inc. on future dredging or marine construction projects." These are just two examples of the many successful projects completed by our company. At KBI we strive to deliver a product of the highest quality craftsmanship at the best value while adhering to schedule and budget constraints. As you review our reference forms and associated letters of recommendation provided in this section you will see we have a history of satisfied clients and a proven track record in our ability to deliver quality and customer service all while controlling cost and managing schedules. Dane Kelly and Travis Kelly are both licensed general contractors; a copy of each license follows this document. Also included is a copy of our Sunbiz.org Division of Corporations listing documenting our company's registration to do business in the State of Florida. KBI has invested in property, plant, and equipment to further enhance our abilities to control cost and deliver a top-notch quality product while adhering to the project schedule. Everything we do takes place around the water, and as a result, we have the right people, equipment, and programs necessary to provide safe construction and mitigate associated risks. We are able to mobilize a well -trained, talented crew and the necessary equipment to make your project a success. We own and operate a fleet of water craft and heavy equipment, which includes barges, crew boats, cranes, excavators, loaders plus much more. A partial list of our company -owned equipment is provided in this section. We have submitted completed reference forms in this section from clients during the past five years whose projects are of similar nature. The projects represent projects of similar scope to the detailed scope of work provided in this solicitation. The size, scope and complexity of the projects provided vary to demonstrate the breadth and depth of our experience in marine construction. Along with the completed reference form we have provide project information sheets and letters of recommendation. This information is just a very small sampling of our past performance to validate our ability to deliver a successful outcome. Paraphrasing from a letter of recommendation from the City of St. Marks, Kelly Brothers has the dedication and tenacity to make your project a success and the end product exceed your expectations. 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net Ron DeSantis, Governor Halsey Beshears, Secretary Florida STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE ••• • • •• E, NOVA 10 WSJ• I�• • ■ 1 f lop 7 � 7 +r f' dp ■ 1 it J • • , V ■ • Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Ron DeSantis, Governor Halsey Beshears, Secretary Florida STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Detail by Entity Name Florida Profit Corporation KELLY BROTHERS, INC. Filing Information Document Number 656515 FEI/EIN Number 59-2069592 Date Filed 02/20/1980 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 09/17/2015 Event Effective Date NONE Principal Address 15775 PINE RIDGE ROAD FT. MYERS, FL 33908 Changed: 01 /13/1993 Mailing Address 15775 PINE RIDGE ROAD FT. MYERS, FL 33908 Changed: 01 /13/1993 Registered Agent Name & Address KELLY, DANE P, PRIES 15775 PINE RIDGE ROAD FT. MYERS, FL 33908 Name Changed: 02/08/2019 Address Changed: 01/20/1994 Officer/Director Detail Name & Address Title PSTD KELLY, DANE P 15775 PINE RIDGE ROAD FT. MYERS, FL 33908 Title VP, Asst. Secretary, Director KELLY, TRAVIS E 15775 PINE RIDGE ROAD FT. MYERS, FL 33908 Annual Reports Report Year Filed Date 2019 02/08/2019 2020 04/24/2020 2021 04/29/2021 eel KELLY BROTHERS,iNC CGC1519780 Plant and Equipment Schedule Unit # Type Excavators Capacity Manufacturer Age & Condition Location Unit # Im Drivers Type Capacity Manufacturer Age & Condition Location Unit # Type Barges, Capacity Manufacturer Age & Condition Location 221 Excavator 2.3 CY Dooson 11 Years / Good Longboat Key 578 Driver 47132 ft lbs APE 11 Years / Good Fort Myers 542 Barge 300 Ton Shugart 15 Years / Good Fort Myers 224 Excavator 2.45 CY Volvo 6 Years / Good Fort Myers 579 Driver 29767 ft lbs APE 13 Years / Good Fort Myers 547-A Barge 13 Ton Flexifloat 4 Years / Good Longboat Key 226 Excavator 1.2 CY Terex 11 Years / Good Marco Island 580 Hammer IMM Good Fort Myers 547-B Barge 13 Ton Flexifloat 4 Years / Good Longboat Key 228 Excavator .8 CY Catapillar 4 Years / Good Fort Myers 581 Impact ICE 1 Year / Good Fort Myers 547-C Barge 13 Ton Flexifloat 8 Years / Good Fort Myers 230 Excavator .8 CY Sany 5 Years / Good Fort Myers 0Pumps 547-D Barge 13 Ton Flexifloat 8 Years / Good Marco Island 231 Excavator 1.0 CY Volvo 9 Years / Good Marco Island Unit # Type Capacity Manufacturer Age & Condition Location 547-E Barge 13 Ton Flexifloat 8 Years / Good Marco Island 234 Excavator 1.5 CY Catapillar 5 Years / Good Longboat Key 663 Pump 350 gpm Military 2 16 Years / Good Fort Myers 547-F Barge 13 Ton Flexifloat 8 Years / Good Marco Island Mini Excavators 664 Pump 350 gpm Military 3 10 Years / Good Fort Myers 547-G Barge 13 Ton Flexifloat 8 Years / Good Marco Island Unit # Type Capacity Manufacturer Age & Condition Location 665 Pump 350 gpm Military 4 5 Years / Good Fort Myers 547-H Barge 27 Tons Flexifloat 8 Years / Good Fort Myers 222 Mini Excavator .17 CY Yanmar 10 Years / Good Fort Myers 667 Pump 6" Head 2200 gpm D & D 2 Years / Good Longboat Key 547-I Barge 27 Tons Flexifloat 8 Years / Good Fort Myers 223 Mini Excavator .36 CY Yanmar 7 Years / Good Fort Myers 672 Pump 600 gpm Barnes 31 Years / Good Fort Myers 547-J Barge 27 Tons Flexifloat 8 Years / Good Fort Myers 227 Mini Excavator .17 CY Yanmar 1 Year / Good Marco Island 673 Pump 600 gpm Barnes 31 Years / Good Fort Myers 547-K Barge 27 Tons Flexifloat 8 Years / Good Fort Myers 229 Mini Excavator .3 CY Yanmar 3 Years / Good Lake Wales 674 Pump 600 gpm Barnes 31 Years / Good Fort Myers 547-L Barge 27 Tons Flexifloat 8 Years / Good Marco Island 232 Mini Excavator .35 CY Yanmar 5 Years / Good Fort Myers 675 Pump 600 gpm Gorman -Rupp 21 Years / Good Fort Myers 547-M Barge 27 Tons Flexifloat 8 Years / Good Marco Island 233 Unit # Mini Excavator Type .2 CY Excavator Capacity Wacker Attachments Manufacturer 9 Years / Good Age & Condition-r Aventura Location 676 Pump 600 gpm Gorman -Rupp 20 years / Good Fort Myers 547-N Barge 27 Tons Flexifloat 8 Years /Good Marco Island 1 Location 547-0 547-P Barge Barge 27 Tons 27 Tons Flexifloat Flexifloat 8 Years / Good 8 Years / Good Marco Island Marco Island Unit # Type Capacity Manufacturer Age & Condition 172 Plate Compactor 11,300 lbs Staney 2 Years / Good Marco Island 800 Med Punch 15,000 lbs Custom 1 Year / Good Fort Myers 547_Q Barge 27 Tons Flexifloat 8 Years / Good Marco Island Mini / Midi Excavators Attachments Capacity Manufacturer Age & Condition Location 801 Lg Punch Custom 1 Year / Good Fort myers 547-R Spud Well 45 Tons Flexifloat 8 Years / Good Marco Island Unit # Type 802 Sm Punch 5,000 lbs Custom 1 Year / Good Fort Myers 547-S Spud Well 45 Tons Flexifloat 8 Years / Good Marco Island 160 Torque Indicator Hubbel / Chance Fort Myers 825 Spreader 20000 lbs Custom 1 Year / Good Fort Myers 547-T Spud Well 45 Tons Flexifloat 8 Years / Good Fort Myers 163 Plate Compactor 5000 lbs Allied 9 Years /Good Fort Myers 826 Spreader 200001bs Custom 1 Year /Good Fort Myers 547-U Spud Well 45 Tons Flexifloat 8 Years /Good Fort Myers 164 Hammer /Breaker 500 ft lb Allied 9 Years / Good Fort Myers 827 Spreader Woods Metal Works 1 Year / Good Marco Island 547-V Spud Well 45 Tons Flexifloat 8 Years / Good Fort Myers 169 Plate Compactor 6500 lbs Striker 9 Years / Good Fort Myers Trailers Age & Condition Location 547-W 547-X Spud Well Spud 45 Tons 4800 lbs Flexifloat Flexifloat 8 Years / Good 8 Years / Good Fort Myers Marco Island 173 Hammer / Breaker 1707 - 2702 psi D & A 3 Years / Good Fort Myers Unit # Type Capacity Manufacturer 176 Helical Drive Unit 1500 - 5000 psi Eskridge 4 Years / Good Fort Myers 043 Flat Deck 10000 lbs Loudo 11 Years / Good Fort Myers 547-Y Spud 4800 lbs Flexifloat 8 Years / Good Marco Island 177 Helical Drive Unit 1500 - 5000 psi Eskridge 2 Years / Good Fort Myers 045 Gooseneck Flat Deck 134001bs ANDS 13 Years / Good Fort Myers 547-Z Spud 4800 lbs Flexifloat 8 Years / Good Fort Myers _ i 047 Flat Deck / Short Rail 7000 gvw Carry On 11 Years / Good Fort Myers 547-AA Spud 4800 lbs Flexifloat 8 Years / Good Fort Myers Unit # Tvpe Capacity Manufacturer Age & Condition Location 049 Flat Deck / Short Rail 9000 lbs Everlite 3 Years / Good Fort Myers 547-AB Spud 7200 lbs Flexifloat 8 Years / Good Fort Myers 174 Auger 24" Lowe Good Port Myers 051 2 Deck Cart 30001bs Welhnaster 2 Years /Good Fort Myers 547-AC Spud 72001bs Flexifloat 8 Years /Good Fort Myers 175 Auger 30" Military Good Fort Myers 053 Flat Deck /Short Rail 27501bs Triple Crown 2 Years /Good Fort Myers 553 Spud 365 Tons Custom 8 Years /Good Longboat Key 054 Enclosed 1250 lbs Cargo South 16 Years / Good Fort Myers 554 Spud 700 Tons Custom 8 Years / Good Longboat Key Unit # Type Capacity Manufacturer Age &Condition Location 055 Boat 12501bs HMDE 3 Years /Good Fort Myers Crew Boats 314 Crane 55 Tons Sumitomo Crawler 21 Years / Good Longboat Key 056 Boat 15000 Ibs Float -On 13 Years / Good Fort Myers Unit # Type Capacity Manufacturer Age & Condition Location 315 Crane 80 Tons Terex Crawler 12 Years / Good Marco Island 057 Boat 8300 lbs Boatmaster 1 Year / Good Aventura 530 Crew 150 hp CT Fireboat 15 Years / Good Longboat Key 316 Crane 85 Ton Manitowic Crawler 10 Years / Good Longboat Key Conax Containers Age & Condition Location 533 536 Crew Crew 115 hp 115 hp Ahern Ahern 13 Years / Good 13 Years / Good Longboat Key Aventura 319 Crane 60 Ton Northwest Crawler 34 Years / Good Fort Myers Unit # Type Capacity Manufacturer Forklifts701 Container 62350 Ibs China Eastern 3 Years / Good Lake Wales 538 Crew 115 hp Ahern 14 Years / Good Marco Island Unit # Type Capacity Manufacturer Age & Condition Location 702 Container 62350 Ibs China Eastern 2 Years / Good Longboat Key 548 Crew 25 hp Carolina Skiff 1 Year / Good Fort Myers 456 Forklift 8000 lbs Carelift Zoom Boom 4 Years / Good Aventura 703 Container 62350 lbs China Eastern 2 Years / Good Marco Island 548 Crew 25 hp Push Carolina Skiff Boats 1 Year / Good Fort Myers 457 Forklift 6000 lbs Cat Good Fort Myers 704 Container 62350 Ibs China Eastern Good Fort Myers 458 Forklift 5500 lbs BobCat 7 Years / Good Fort Myers 705 Container I 72500 Ibs China Intl Marine 1 9 Years / Good Fort Myers Unit # Type Capacity Manufacturer Age & Condition Location 459 Forklift 6600 lbs Bobcat 6 Years / Good Marco Island 535 Push Boat 170 hp Inland Boat Works 13 Years / Good Fort Myers 1 539 Push Boat 500 hp Custom 14 Years / Good Longboat Key 550 Thruster 600 hp Hydraulic Marine Sy 1 Year / Good Longboat Key 551 Push Boat FMB Babcock 12 Years / Good Marco Island Road, 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) RidgeFL 3 552 Push Boat FMB Babcock 13 Years / Good Fort Myers F: (239) Myers, www.kellybros.net 487 Forklift 10000 lbs Intl Harvester 26 Years / Good Fort Myers 489 Forkli Ft 4600 lbs Terex 12 Years / Good Fort Myers Unit # I Type I Capacity Manufacturer Age & Condition Location 414 Loaders 2.5 CY John Deere 17 Years / Good Lake Wales 488 Loaders 3.5 CY John Deere 4 Years / Good Fort Myers 000, tqal CGC1519780 KELLY BROTHERS,iNc COMMERCIAL MARINE CONTRACTOR Reference Questionnaires, Letters of Recommendation, and Project Information 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net corer County Administrative Services Department Procurement Services Dvisian Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: No.21-7885 Reference Questionnaire for: IFQ, Beach Maintenance Related Activities (Name of Company Requesting Reference Information) Kelly Brothers, Inc. (Name of Individuals Requesting Reference Information) Dane Kelly, President Name: Gary Disher Company: City of Punta Gorda (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: G FAX: T Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Cons -Buckley s Pass Project Budget: $1,788,424.16 Completion Date: April 2020 Project Number of Days: 245 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 9 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 99 ***UPDATED JANUARY 28, 2020*** KELLY BROTHERS,mc COMMERCIAL MARINE CONTRACTOR CGC1519780 Cons-Buckley's Pass Punta Gorda, Florida Kelly Brothers' (KBI) was tasked to create a navigational access channel connecting the Punta Gorda Isles canal system to Charlotte Harbor. The channel, approximately 1,446 ft. long and 60 ft. wide, was cut through a mixed wetland / upland area. Over 17,500 CY of material was dredged to form the pass and clear the adjoining waterways. Due to the constrictive site conditions and access, dredging operations were limited to small barge loads of 65-75 CY of material, with multiple trips to the spoil site on a daily basis. In addition, 1050 LF of vinyl seawall with helical anchor tie -backs was installed below water to protect the newly formed mangrove banks. A Smalltooth Sawfish habitat was created, 900+ tons of rip rap was installed for erosion control and 700 mangrove seedlings were planted. Regardless of the challenging site conditions, the project was completed on time and under budget. Location: Cons -Buckley Pass Punta Gorda, FL Owner: City of Punta Gorda Engineer: Hans Wilson & Associates 1938 Hill Avenue Fort Myers, FL 33901 Contract: Prime Date Completed: April 2020 Contract Amount: $1, 788,424.16 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net Collier County Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: No.21-7885 Reference Questionnaire for: IFQ, Beach Maintenance Related Activities (Name of Company Requesting Reference Information) Kelly Brothers, Inc. (Name of Individuals Requesting Reference Information) Dane Kelly, President Name: Joe Miller Company: FMBalland, LLC (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: 239-463-5733 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: FM Balland Dock Piles Project Budget: $163,440.00 Completion Date: December 2019 Project Number of Days 17 Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). I 2 Ability to maintain project schedule (complete on -time or early). I 3 Quality of work. ' 4 Quality of consultative advice provided on the project. ID 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) + 7 Ability to verbally communicate and document information clearly and succinctly. ►u 8 Abiltity to manage risks and unexpected project circumstances. ID 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. (0 10 Overall comfort level with hiring the company in the future (customer satisfaction). to TOTAL SCORE OF ALL ITEMS 'UPDATED JANUARY 28, 2020— KELLY BROTHERS,mc COMMERCIAL MARINE CONTRACTOR CGC1519780 Key West Express Fort Myers Beach, Florida Kelly Brothers (KBI) removed three existing dolphin pile and set four 14" x 50' PT timber piles. The three wood piles removed from the dolphin cluster were driven into place between the protruding cap boards on the FMBalland dock and then bolted to the existing cap boards. KBI also furnished and installed six steel pipe piles, 24" x 70', with HDPE sleeves, plugs and caps. The scope of work also included permit applications and survey. Location: 2000 Main Street Fort Myers Beach, FL 33931 Owner: FMBalland, LLC Engineer: Turrell, Hall & Associates 3584 Exchange Ave., Suite B Naples, FL 34102 Contract: Prime Date Completed: December 2019 Final Contract Amount: $163,440.00 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net Coifier County Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: No.21-7885 Reference Questionnaire for: IFQ, Beach Maintenance Related Activities (Name of Company Requesting Reference Information) Kelly Brothers, Inc. (Name of Individuals Requesting Reference Information) Dane Kelly, President Name: Mark Kincaid Company: Coastal Engineering Consultants (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: com FAX: Telephone: 239-643-2324 ext 128 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: NE Hurricane Bay Channel Dredge Completion Date: March 2021 Project Budget: $569,302.50 Project Number of Days: 202 Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 ***UPDATED JANUARY 28, 2020*** COASTAL ENGINEERING CONSULTANTS INC. April 9, 2021 RE: Reference for Kelly Brothers, Inc. To Whom It May Concern: Coastal and Marine Engineering Environmental and Geological Services Land and Marine Survey and Mapping Website: www.coastalengineering.com Coastal Engineering Consultants, Inc. has worked with Kelly Brothers, Inc. (KBI) for many years on a variety of different types of projects including dredging and shoreline stabilization. During this time, I have found them to be very competent in their undertakings and have demonstrated good communications, strong work ethics and have approached each project as team players. They take a personal pride in completing the project on time and on budget. They go above and beyond to satisfy the client and ensure a quality product. We have recently completed a maintenance dredging project for Lee County at the Northeast Hurricane Bay Channel. Congratulations to the team for a great project. The KBI crew was outstanding. It is rare that a crew completes a dredge project without the need for a punch list at the end. Thanks to Jake, Travis, and especially to Raul and his crew. I am confident in recommending Kelly Brothers, Inc. as a contractor for your project. Feel free to contact me should you have any questions at 239-260-3776. Sincerely, COASTAL ENGINEERING C Mark A. Kincaid Vice President of Engineering 28421 Bonita Crossings Blvd., Bonita Springs, FL 34135 Phone (239) 643-2324 • Fax (239) 643-1143 C. 1211 North Range Ave., Suite E, Denham Springs, LA 70726 Phone (225) 523-7403 E-mail: info()cecifl.com SERVING COASTAL COMMUNITIES SINCE 1977 -!Lee County �I�'SaUMWeyl 7:61ita BOARD OF COUNTY COMMISSIONERS Kevin Ruane May 1, 2021 District One Cecil L. Pendergrass District Two Kelly Brothers, Inc. Ray Sandelli 15775 Pine Ridge Rd District Three Fort Myers FL 33908 Brian Harriman via email only District Four Frank Mann District Five Roger Desjarlais County Manager Attn: Jake Kinnear Richard Wesch County Attorney Re: NE Hurricane Bay Maintenance Dredge, B200211ANB Donna Marie Collins County Hearing Examiner Dear Mr. Kinnear, Your firm is currently closing out the above referenced maintenance dredging contract for Lee County. The project included channel dredging of 7,950 cubic yards via mechanical dredging, staging/transport/disposal of dredged materials, and associated activities. To date, I have received only compliments from the residential community surrounding the work site, and the committee members that represent them. Your communication regarding the operations was very thorough and the finished product exceeded project goals. Based on this, I can certainly recommend Kelly Brothers, Inc. on future dredging or marine construction projects. If you have any questions, please do not hesitate to contact me at 239-533-2308 or jmalo@leegov.com. Sincerely, Josh Malo MSTBU Coordinator P.O. Box 398, Fort Myers, Florida 33902-0398 Phone: (239) 533-2111 www.leegov.com AN EQUAL OPPORTUNITY EMPLOYER KELLY BROTHERS,mc COMMERCIAL MARINE CONTRACTOR CGC1519780 NE Hurricane Bay Channel Dredge Lee County, Florida The maintenance dredge of the Northeast Hurricane Bay Channel included Kelly Brothers' (KBI) dredging one mile of the channel to -5 feet Mean Low Water. The scope of work included the removal and disposal of 7,950 cubic yards of spoils from within the dredge limits along with the implementation of environmental protection measures. Dredging was conducted via mechanical means utilizing three small barges; one of which was set up as a "dredge" barge with a long reach excavator aboard. This barge was used to load two "hopper" barges each outfitted with three 20 cubic yard sediment hoppers for transporting the spoils to Kelly Brothers' beach yard, which was utilized as an upland staging area for material and equipment. The hopper barges were pushed at alternating intervals from the dredge location to KBI's Beach Yard and back thus allowing for continual dredge operations. At KBI's beach yard the dredge spoils were offloaded, stockpiled to dry, and then transported to an approved material disposal site. Precautions were taken during the dredge operation to protect the environment, marine life, and boaters, which had twenty -four-hour access through the navigable channel. These precautions included the installation of turbidity curtains, turbidity monitoring, and observation of wildlife and boat traffic while dredging was under way. Location: NE Hurricane Bay Lee County, FL Owner: Lee County BOCC Engineer: Coastal Engineering Consultants 28421 Bonita Crossings Blvd Bonita Springs, FL 34135 Contract: Prime Date Completed: March 2021 Final Contract Amount: $569,302.50 F- 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net Cater COU74ty Adm0ftrafimSenAm pepartrr3ers! NWA] eanEnl Sermes L�-ASL-a Form 5 Refertnce Questionnaire ISM` 01NE FORM FOR E4CH REQUIRED REFERENCE SOIiCitutiQn: NID.21-7885 Reference: Questionnaire for: ZPQ, Beach Maintenance Related Activities (Name ofCornpany Requesting Reference Information) EL Brothers, Inc. (Name of Individuals Requesting Reference Information) Dane Kelly, president Name; Scott Schwa.lback Company: powerboat Squadron Marina Association, Inc. (Evaluator corn ple(ing reference questionnaire) (Evaluator's Company completing reference) l3friail FAX: Telephcrne: 239-82 5-5336 Collier County has impiemented a process that collects reference information on f=s and their key personnel to be used in the Selection of limns to perform this project. l lie Nacre of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please emplete the survey. Please rate each criteria to the best of your knowledge on a seals' cif 1 to 10, with 10 representing that you were very satisi fed (and would hire the lirmfindividual again) and I representing that you were very unsatisfied (and would never hire the firin/kidivdival again). ifyou do not have sufficient knowledge of past perfcrrmance in a particular area, leave it blank and the itpn or form will tic scored "071 Project Description: Powerboat Marina, DesfgE f Build Completion Date; _ fuly 202 Project Budget: $2,036,839.00 Project Number of Days. 236 Item Criteria Score Laiiist be com 1 Ability to manage ltre project costs (minimbre change orders to scope), ? Ability to maimtain project schedule (complete on -time orearly). l� 3 Quality of work, 1 C7 4 Quality of consul wive advice provided on the prgjoict. ID 5 Professionalism and ability to manage personnel. ) 6 Project administration (completed documents, Final invoice, Foal product turnover, invoices; manuals or going f'onvard &7=eutatlon, etc.) 10 7 Ability to verhaIly comvntnfcate and docwne3nt infortnadon clearly and succinctly. 8 Abiltity to mallage risks and unexpected project circutnstan s. 1D 9 Ability to RAM CUritT&U doc-umems. pclicie;s, pwced s, nrles, regulations, etc. ) 0 10 Overall comfort level with hiring the company in the ,fixture (customer satisfaction). I TOTAL SCORE OF ALL ITEMS 1 inn June 8, 2021 To whom it may concern: My experience working with Kelly Brothers on our Powerboat Marina design / build project was a very positive one. KBI's talented team executed the project from conception through construction. The multiple phases were performed in a timely manner; starting with the design, then demolition, dredging, piles, concrete seawall and cap, followed by Boathouse B's new metal structure and utilities. The work was executed flawlessly and adhered to project specifications and budget. Their staff was conscientious and paid attention to detail. The result was an excellent quality of workmanship and a finished project that we are very satisfied with. In fact, we are planning additional work involving both of our firms. It has been refreshing to work with a company that understands and is dedicated to the "team" approach. The people at Kelly Brothers took special care to ensure the completed project exceeded our expectations. They are highly competent professionals who are sensitive to a client's needs and also are able to manage and coordinate well with other trades. Their attitude is always one of problem solving and efficiency, which I highly value. I will certainly continue working with Kelly Brothers on future projects and highly recommend them to others. If you should need any more information regarding Kelly Brothers' capabilities and work ethic, please feel free to contact me. Sincerely, Scott Schwalback President Powerboat Squadron Marina Association, Inc. PO Box 1055 Naples, FL 34104 Cell: 239-825-5336 Email: scottschwalback(&me.com KELLY BROTHERS,mc COMMERCIAL MARINE CONTRACTOR CGC1519780 Powerboat Marina Naples, Florida Kelly Brothers (KBI) was contracted to design and build a new seawall and boathouse to replace the 60+ year old, 15-slip Boathouse B and existing seawall severely damaged during Hurricane Irma. Worked involved design, demolition, dredging, dock repairs, roof piles, concrete seawall and cap, boathouse and utilities. First, KBI demolished the remains of Boathouse B, the associated seawall and the Dockmaster's office. Construction then started with the 440 LF of new seawall built of 4' x 16' x 8" concrete panels crowned with a 24" x 24" concrete cap and secured with 35 one -cubic yard seawall deadman; all of which were cast onsite and installed by KBI's crew. Upon completion, the Boathouse B basin was dredged to -5' MLW, removing approximately 450 CYs. of spoils. Extra care had to be taken while dredging around the existing docks. The new 14,623 sq. ft. Boathouse B roof structure, with 18+ ft. of head clearance, was designed in coordination with the building manufacturer and is constructed of galvanized steel framing and aluminum sheathing. The structure sits on 36, strategically placed, steel pipe piles, measuring 10.75" x 30' to 44' in length, encased with 12.75" HDPE sleeves. In addition to the seawall / boathouse work, existing docks were repaired and reconstructed as needed, which included installing water and electric at each of the 15 slips. Electrical work also involved relocating / upgrading a 16-meter power bank. Site work including importing fill, grade work, and paving. KBI managed and coordinated the in-house portions of the construction in unison with the subcontracted items to flawlessly execute the complex integration of schedules and work. Location: 701 11th Street South Naples, FL 34102 Owner: Powerboat Squadron Marina Association, Inc. Engineer: Coastal Engineering Consultants 28421 Bonita Crossing Blvd Bonita Springs, FL 34135 Contract: Prime Date Completed: July 2020 Final Contract Amount: $2,036,839.00 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net co ler coulity Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: No. 21-7885 Reference Questionnaire for: IFQ Beach Maintenance Related Activities (Name of Company Requesting Reference Information) Kelly Brothers, Inc. (Name of Individuals Requesting Reference Information) Dane Kelly, President Name: Captain Roger Jacobsen Company: City of Naples (Formerly) (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: waterfrontmgr@naplesyc.com FAX: Telephone: 239-300-2891 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisfied (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/individual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: C4Dock Project Budget: $5,901,805.05 Completion Date: February 2018 Project Number of Days: 299 Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Ability to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 ***UPDATED JANUARY 28, 2020*** NAPLES CITY DOCK TELEPHONE (239) 213-3070 • FACSIMILE (239) 213-3072 880 12T" AVENUE SOUTH * NAPLES, FLORIDA 34102-6796 To whom it may concern: It is with pleasure I write this letter of recommendation for Kelly Brothers, Inc. I wish to acknowledge the high standard of performance, professionalism, and diligence exhibited by Kelly Brothers during their work on the Naples City Dock multi -million dollar renovation project. The task included a combination of fixed and floating docks, the reconstruction of three overwater/floating buildings, design -build fuel system, and all utilities (fire, water, electric and waste). Kelly Brothers was responsible for the oversight of the entire project; they self -performed 64% of the work and directed multiple subcontractors. Particularly noteworthy was the attitude and cooperative reactions by key Kelly Brothers' personnel to difficult and tenuous conditions caused by the intricacies of marine construction. Their employees kept the site clean and tidy, and were always polite and professional to inquisitive members of the public. During construction Kelly Brothers proved their expertise in marine construction by value engineering various components of our multi -faceted project, which resulted in a considerable cost savings to the City of Naples. They have a knowledgeable staff with a strong work ethic and the specialized equipment to deliver a quality product at a competitive price. I feel confident Kelly Brothers will do an outstanding job. They will be able to assist with any challenge your unique project may present, as they did with ours. My experience working with Kelly Brothers over the course of this 10-month project clearly demonstrated to me the City made the right decision to use their outstanding firm. I would recommend Kelly Brothers to anyone demanding quality workmanship for projects in and around the water. Ro-er Jacobsen Harbor Master City of Naples, Florida A Kai CGC1519780 KELLY BROTHERS,INC COMMLRCIAL MARINE CONTRACTOR Naples City Dock Naples, Florida Kelly Brothers (KBI) completed work on the prestigious Naples' City Dock reconstruction. The work consisted of dredging, demolition/disposal of 19,490 sq. ft. existing wooden fixed docks, overwater buildings, and fend off piles. Along with demo, work included the installation of 21,262 sq. ft. of new concrete floating docks, installation of 3,571 sq. ft. of heavy timber & IPE fixed docks, reconstruction of three overwater/floating buildings, design -build fuel system, and all utilities (fire, water, electric and waste). Dock boxes, signage and fish cleaning stations were provided as part of the finishing touches for this new and improved docking facility for the City of Naples. KBI worked in conjunction with the City of Naples utilizing the City's direct purchase program to generate a sales tax savings for the project. This multi -million dollar project was completed on time and under budget. Location: 735 8t" Street South Naples, FL Owner: City of Naples Engineer: Turrell, Hall & Associates 3584 Exchange Avenue Suite B Naples, FL 34104-3732 Contract: Prime Date Completed: February 2018 Final Contract Amount: $5,901,805.05 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net Coifier County Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: No.21-7885 Reference Questionnaire for: IFQ, Beach Maintenance Related Activities (Name of Company Requesting Reference Information) Kelly Brothers, Inc. (Name of Individuals Requesting Reference Information) Dane Kelly, President Name: Steve Ryder (Evaluator completing reference questionnaire) Email: -marine.com FAX: Company: Bellingham Marine (Evaluator's Company completing reference) Telephone: 904-613 -2331 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Project Budget: Marathon Marina and Resort $567,887.36 Completion Date: August 2016 Project Number of Days: 106 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 ***UPDATED JANUARY 28, 2020*** Bellingham THE WORLD'S MOST COMPREHENSIVE MARINA BUILDER Florida Floats, Inc. 1813 Dennis St. P. (904) 358-3362 dba Bellingham Marine Jacksonville, FL 32204 F. (904) 354-4818 www.bellingham-marine.com February 1, 2017 To whom it may concern: I am pleased to provide this letter of recommendation on behalf of Kelly Brothers, Inc., (KBI) for their outstanding work and integrity in the marine construction industry. Our companies have partnered on many prominent projects and work extremely well together, resulting in many satisfied and happy clients. We have had the pleasure to work with Kelly Brothers as a contractor and a vendor; Bellingham Marine both enjoys and highly values our professional relationship. Their staff are true professionals and take great pride in their work. KBI's outstanding achievements in the industry are possible as a direct consequence of their determination to succeed, professional approach, and their steadfast commitment to deliver a quality product. Customers, subcontractors, vendors and the public are treated with utmost respect and care. Each project poses unique challenges, Kelly Brothers meets each challenge with a positive attitude and overcomes adversity with creative solutions and hard work. Project are completed on time and within budget. Leveraging years of experience, KBI is able to value engineer a project and offer cost savings initiatives while not comprising on quality. Kelly Brothers has always done an exceptional job and comes highly recommended by Bellingham Marine. Thanks, 5&we Rfda Steve Ryder, Manager of Project Development Bellingham Marine a� CGC1519780 KELLY BROTHERS, INC Marathon Marina and Resort Marathon, Florida Kelly Brothers (KBI) was contracted by Bellingham Marine to design / build a new 8' x 100' fixed concrete pier and 5' x 20' concrete finger pier as part of the renovation project for Marathon Marina. Included in KBI's scope was the demolition of the existing concrete pier, fuel platform and office building. KBI also drove 38 steel anchor pipe piles with HDPE sleeves for the concrete floating dock system. Location: 1021 11t" Street Ocean Marathon, FL Owner: Marathon Marina and Resort Engineer: Coastal Engineering Consultants 28421 Bonita Crossings Blvd Bonita Springs, FL 34135 Contract: Subcontract Prime Contractor: Bellingham Marine 1813 Dennis Street Jacksonville, FL 32204 Date Completed: August 2016 Final Contract Amount: $567,887.36 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net Coder County Admh*atve Services Department Rac Mre m Services DN*m Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) No. 21-7885 Reference Questionnaire for: IFQ, Beach Maintenance Related Activities (Name of Company Requesting Reference Information) Kelly Brothers, Inc. (Name of Individuals Requesting Reference Information) Dane Kelly, President Name: Randy Richards Company: Richards & Martin (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Mangrove Bay Project Budget: $1,762,892.92 Completion Date: December 2018 Project Number of Days: 218 Item Criteria Score must be completed I Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). O 3 Quality of work. ro 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. O 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) t7 7 Ability to verbally communicate and document information clearly and succinctly. (O 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. ro 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS ""•UPDATED JANUARY 28, 2020*"• Richards & Martin, Inc. 1333 31d Avenue South, # 102 Naples, FL 34102 Tel: 239.597.5308 e-mail: info@richardsandmartin.com website: www.richardsandmartin.com CGC 038553 May 24, 2019 Kelly Brothers, Inc. 15775 Pine Ridge Road Fort Myers, FL 33908 Re: Letter of Recommendation Dear Dane & Travis: Q�Q 5 & 'Lf Q'� IF Z O� y `�Q S/GN _ OJ Transmitted via email Randy@RichardsAndMartin.com Cell: 239.777.3873 On behalf of Mangrove Bay Development, LLC, acting as the Developer's Representative, I am honored to provide you with this letter of recommendation for your outstanding performance at Mangrove Bay in downtown Naples. The developer and I couldn't be more pleased with your performance of casting and placement of 600 feet of new seawall, kayak ramp, boat docks, repairing old docks and mangrove removal and mitigation - all items on budget and ahead of schedule. Due to the complexity of the structural design, the limited space to implement new construction, and the variable soil conditions, it was imperative that the marine contractor chosen must be experienced in dealing with sensitive site conditions, the governing state and federal codes and guidelines to construct such complex designs. Kelly Brothers' expertise coupled with the long-standing relationship with the marine engineering design firm Turrell, Hall and Associates provided invaluable clarity with the minute details of the project. The Kelly Brothers' team delivered the most professional estimating, project management, and job supervision to ensure the project success. Kelly Brothers went well above and beyond the contracted scopes with assisting the developer, architect, and structural design team in merging the marine construction activities with the upland construction tasks. Kelly Brothers' field crews displayed excellent organizational skills and abilities for complex planning. The jobsite was operated safely and cleaned daily. Kelly Brothers' team was free from scheduling delays, budget overruns and quality control issues. I would like to extend my personal thanks to Mr. Dane Kelly, Mr. Travis Kelly, Mr. Bob DeMeo, the project management staff and the field crews for providing me the professional encounter that in today's market is very rare. A job well-done. I have included my contact information above and would be glad to discuss your work with any prospect you may have that is considering utilizing your services. Kind Regards, Randy Richards President Richards & Martin, Inc. KELLY BROTHERS,mc COMMERCIAL MARINE CONTRACTOR CGC1519780 Mangrove Bay, Phase I and II Naples, Florida Kelly Brothers (KBI) removed and disposed of the boat house structure including roof, framing, support piles and docks in Phase I. Once demolition was complete KBI then installed a new covered dock system along with fire and water services in the same foot print of the original structure. The roof frame was a pre-engineered scissor truss system with a 3" to 12" pitch, exterior plywood, asphalt paper underlayment and green 5 vee crimp metal roofing to match existing structures. The project also included environmental signage, and step down dock ladders. Upon completion of the work, the Owner contracted with KBI to reroof a 2"d structure. Phase II included demolition, mangrove removal, and nearly 900 cubic yards of dredging. Furthermore, the installation work included approximately 735 linear ft. of concrete seawall with 160 ton of riprap installed at toe of the seawall panels, fixed docks, a floating dock and gangway, as well as boat and kayak ramps. The concrete seawall is comprised of 8" x 4'-6" panels, an 8" x 10" waler, and a 2' x 2' cap topped with an 8" thick knee wall, which varies in elevation. The docking facilities include 2600 sq. ft. of fixed docks with PT decking and pile strips along with a community designated fixed dock, which is 380 sq. ft. and includes a 65 linear ft. ADA compliant ramp connected to a 30' long aluminum gangway leading to a 300 sq. ft. aluminum floating dock supported by three 14" square x 30' long FDOT concrete pilings. In addition, a 56' x 12' kayak launch was constructed using 57 stone and articulating block mat. Denso 400 and 500 pile jackets were furnished and installed. Location: 101-201 Goodlette Frank Road, S Naples, FL Owner: Mangrove Bay Development LLC Engineer: Turrell, Hall & Associates 3584 Exchange Avenue Suite B Naples, FL 34104-3732 Contract: Prime Date Completed: Phase I: June 2015 Phase II: January 2019 Final Contract Amount: Phase I: $526,602.42 Phase II: $1,762,892.92 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net co)#Wer County Administrative Services Deparbrient Procurement Services Division Form 5 Reference Questionnaire USE ONE FORM FOR EACH REQUIRED REFERENCE Solicitation: No. 21-7885 Reference Questionnaire for: IFQ, Beach Maintenance Related Activities (Name of Company Requesting Reference Information) Brothers, Inc. (Name of Individuals Requesting Reference Information) Dane Kelly, President Name: Heather Hassel, CAM (Evaluator completing reference questionnaire) Email: vdmw@villedemarcowest.com FAX: Company: Ville de Marco West (Evaluator's Company completing reference) Telephone: 239-394-3099 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your 14nowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Ville de Marco West Completion Date: May 2020 Project Budget: $4�22123,214.51 Project Number of Days: cos Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 1C) 2 Ability to maintain project schedule (complete on -time or early). C) 3 Quality of work. � O 4 Quality of consultative advice provided on the project. I C) 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) i O 7 Ability to verbally communicate and document information clearly and succinctly. 10 S Abiltity to manage risks and unexpected project circumstances. � O 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. I C) 10 Overall comfort level with hiring the company in the future (customer satisfaction). to TOTAL SCORE OF ALL ITEMS i nn ***UPDATED JANUARY 28, 2020* * * June 25, 2020 Ville de Marco West Where the dolphins play... To Whom it May Concern: In September 2017 Hurricane Irma destroyed 360 feet of seawall at Ville de Marco West on Marco Island, Florida. The devastation wreaked havoc, resulting in the total undermining of a four-story building, removing a % acre of land, exposing the area to the invading waters of the Gulf of Mexico, and depriving 10 owners access to their homes. Kelly Brothers, Inc. was hired to restore this beloved piece of paradise, which we call 'the Point,' to a state even better than when Irma found it. From the outset challenges presented themselves in many forms in both the design and building phases of the seawall, the replacement of the surrounding land, and remediation of the underside of the undermined building. Whether in the board room or in the field, Dane and Travis Kelly's expertise ensured an excellent product all around. Because of the extensive land loss and strong currents, a cantilevered seawall, unique to this area, was designed with input from both Kelly Brothers. They helped to reduce our risk and enhance the future integrity of the structure. They listened to any comments, be they suggestions or complaints, giving us answers which met or exceeded our expectations. The brothers made sure our Directors understood each element of every aspect of the project and worked seamlessly in the field to make it happen. Dane and Travis Kelly's expertise resulted in a superior seawall and successful conclusion to our restoration. The complex nature of the project, and its perilous location at the corner of the Collier Creek and the Marco River, presented difficult site conditions which Supervisor Bob Horne expertly managed, both in and out of the water, with his team of workers using everything from hand trowels to huge cranes. His crew were professional, courteous, and conscientious. The Point at Ville de Marco West is restored with what we believe is a stronger, more secure seawall with a long life span as a result of our contract with Kelly Brothers, Inc. From what we hear from local disaster experts, engineers, residents, and passing boaters, they agree. The owners and Board of Directors of Ville de Marco West thank Kelly Brothers, Inc. and their employees for a job well done. We look forward to continuing our relationship. Yours truly, Ben Farnsworth President Board of Directors Management Office, 1206 Edington Place, Marco Island, FL 34145 Tel (239)394-3099 Fax (239) 970-6065 vdmw@villedemarcowest.com villedemarcowest.com KELLY BROTHERS,mc COMMERCIAL MARINE CONTRACTOR CGC1519780 Ville de Marco West Marco Island, Florida Phase I of the project consisted of installing a 365 linear ft. cantilever steel sheet pile (SSP) wall with a concrete curtain wall and cap replacing the concrete seawall obliterated during Hurricane Irma. The Z-profile SSPs, ranging in length from 40' to 52, were installed to top of rock; damaged piers, concrete blocks, landscaping, and other hurricane debris were removed from the alignment. Once the seawall was secured, a 2' deep x 4' tall concrete curtain wall, spanning the tidal zone, was poured along the entire face followed by a 3' x 2.5' concrete cap. Additionally, a 40 linear ft. section of SSP toe wall was constructed 20' below water for scour counter measures. An engineered cathodic protection system was installed consisting of 34, 240 lb. aluminum anodes welded along the seawall face and toe wall. During all SSP installation the exposed building was monitored for vibrations and observed for settlement by a third -party surveyor. The steel sheet piles were successfully driven into place without causing any added duress on the already precarious structures. Phase II consisted of filling in behind the new seawall with 6,800 cubic yards of locally dredged sand, rebuilding the fishing pier and resident finger docks, along with restoring a 12,000 sq. ft. area in front of the seawall with 3450 cubic yards of locally dredged sand and securing it with armor mat for scour protection. Timber dock and mooring piles ranging from 25 linear ft. to 50 linear ft. were installed in their previous footprint with all new composite decking. The fishing pier located at the point encompasses grout filled steel pipe piles wrapped with HDPE sleeves, composite decking, IPE railing, ADA accessible ramps and viewpoints, and a fish cleaning table. In addition, a 500CF concrete dead man/tie-back system was constructed to offer additional support to the new seawall and a French drain was installed. Due to the washout effects of the Hurricane, the underside of the building slab closest to the point was exposed and needed to be sealed with waterproofing materials and backfilled. Location: 1206 Edington Place Marco Island, FL Owner: Ville De Marco West, A Condominium, Inc. Engineer: Coastal Engineering Consultants 28421 Bonita Crossings Blvd Bonita Springs, FL 34135 Contract: Prime Date Completed: May 2020 Final Contract Amount: $4,212,214.51 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net Coifier County Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: No.21-7885 Reference Questionnaire for: IFQ, Beach Maintenance Related Activities (Name of Company Requesting Reference Information) Kelly Brothers, Inc. (Name of Individuals Requesting Reference Information) Dane Kelly, President Name: Roderick Voigt Company: J. Kokolakis Contracting Inc. (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: 727-638-1224 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Clearwater Harbor Marina Project Budget: $373,284.33 Completion Date: May 2019 Project Number of Days: 34 Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 I ***UPDATED JANUARY 28, 2020*** KO KO LAKI S June 13, 2019 Kelly Brothers, Inc. 15775 Pine Ridge Rd. Fort Myers, FL 33908 RE: City of Clearwater Wave Attenuator Replacement Dear Jake: CONTRACTING I want to thank you and your entire Kelly Brothers team for doing a great job on the City of Clearwater Marina project. This was a challenging project with tight pile tolerances and your performance was outstanding. I would gladly recommend you to other clients and look forward to working with you in the future. Sincerely, Roderick Voigt Executive Vice President FORGING RELATIONSHIPS 1 SOO OCEAN AVENUE, SUITE A WWW.JK❑K❑LAKIS.C❑M 202 E. CENTER STREET BOHEMIA, NY 1 1 71 6 TARPON SPRINGS, FL 346B9 631-744-61 47 727-942-221 1 KELLY BROTHERS,mc COMMERCIAL MARINE CONTRACTOR CGC1519780 Clearwater Harbor Marina Clearwater, Florida Kelly Brothers Inc. (KBI) was subcontracted to remove and dispose of the storm damaged north wave attenuator and its associated piles. Work also included the installation of a new wave attenuator/fishing pier, the pipe piles to secure the unit, and the associated handrails and gangway. Three 24" x 50' concrete piles were extracted and secured on KBI's company -owned 140' x 40' barge. With the damaged 12' x 100' wave attenuator in tow the barge returned to our staging yard in Fort Myers Beach where the items were then cut into manageable sections, loaded into dumpsters and properly disposed of in the local landfill. The 100' x 14' replacement wave attenuator consisted of two sections, each weighing 85,000 lbs. The sections were transported to a travel lift facility in Tarpon Springs where they were launched, assembled, then transported to Clearwater and temporarily anchored. A track -mounted drill rig was utilized to drill four (4) 30" x 54' deep holes for accurate pile placement in rocky soil conditions. Once the pre -formed holes were complete the new wave attenuator was moved to its permanent location where it was secured between temporary wood piles. The four (4) 30" x 70' steel pipe piles were then lifted and set into place with an 80 ton crane. A V35 vibratory hammer was used to drive pipe piles to the required pile penetration depth of -54' MLW. After all piles were permanently set the wave attenuator handrails were installed and a 14' x 7' gangway was set in place to access the dock. Location: 210 Drew Street Clearwater, FL Owner: City of Clearwater Engineer: Erickson Consulting Engineers 7201 Delainey Court Sarasota, FL 34240 Contract: Subcontract Prime Contractor: J. Kokolakis Contracting 202 E. Center Street Tarpon Springs, FL 34689 Date Completed: May 2019 Final Contract Amount: $373,284.33 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net Coifier County Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: No.21-7885 Reference Questionnaire for: IFQ, Beach Maintenance Related Activities (Name of Company Requesting Reference Information) Kelly Brothers, Inc. (Name of Individuals Requesting Reference Information) Dane Kelly, President Name: Joshua Maxwell, P.E. Company: Turrell, Hall & Associates (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: 239-643-0166 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Brookside Marina Dredge Completion Date: Project Budget: $285,185.05 Project Number of Days: November 2017 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 ***UPDATED JANUARY 28, 2020*** )""w TURRELL, HALL &ASSOCIATES, INC. MARINE & ENVIRONMENTAL CONSULTING 3584 Exchange Avenue • Naples, Florida 34104-3732 • 239-643-0166 • Fax (239) 643-6632 •tuna@THAnaples.com September 20, 2018 RE: Contractor Recommendation Kelly Brothers, Inc. 15775 Pine Ridge Road Fort Myers, FL 33908 To whom it may concern, Our firm has worked with Kelly Brothers Inc. for over 25 years on a variety of seawall, riprap, dredging, dock, boathouse and marina construction projects. They have the proper equipment and properly trained staff to tackle nearly every aspect of marine construction minimizing the chance for delays and complications experienced by smaller contractors. To back up their construction crews they have very experienced office staff that ensures contract conditions are followed, pay requests are submitted on time and proper permits are secured for all work. In the last 10 years I have personally worked with Kelly Brothers Inc. on projects that range from re -decking a multi -family docking facility to commercial marine construction and every job has been completed on budget with minimal punch list items needing to be addressed. Their job sites are kept clean which transfers to their workmanship and finish quality of their projects. We have recommended Kelly Brothers Inc. to many clients, developers and municipalities based on our experience with them and the long list of satisfied clients we both have together. I can assure you that they are one of the most qualified and competent contractors in southwest Florida and recommend them for consideration. If you have any questions regarding their past performance feel free to contact me at the number in the letterhead above. Regards, Joshua W. Maxwell, P.E./Chief Engineer Turrell, Hall & Associates, Inc. A Kai CGC1519780 KELLY BROTHERS,INC COMMLRCIAL MARINE CONTRACTOR Brookside Marina Naples, Florida Kelly Brothers (KBI) was contracted to remove contaminated sediment from the basin and river bottom near the Brookside Marina. Approximately 6,300 cubic yards of dredging was accomplished mechanically and spoils were properly disposed of at an approved disposal site. Pre, post and incremental surveys were performed to quantify the total cubic yards dredged. Permit compliance was accomplished, in part, by maintaining turbidity barriers, daily turbidity testing, and property restoration after the work was complete. Location: 2015 and 2021 Davis Blvd Naples, FL Owner: Pilgrim REO, LLC Engineer: Turrell, Hall & Associates 3584 Exchange Avenue Suite B Naples, FL 34104-3732 Contract: Prime Date Completed: November 2017 Final Contract Amount: $285,185.05 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net a� CGC1519780 KELLY BROTHERS,INC Lur-IN1LRLIAL MAKirNL LuNIRALIOh Evaluation Criteria NO. 4: Specialized Expertise of Team Members Kelly Brothers, Inc. (KBI) is co -owned by Dane Kelly and Travis Kelly. They oversee company operations and provide strong executive leadership. They have been in and around the marine construction business their entire lives. Dane serves as the company's President, in addition to his executive management experience and job cost control expertise he has worked in project management, site supervision. Travis serves as our Vice President as well as our General Site Superintendent and Safety Officer, he is responsible for leading the company's field operations. Dane and Travis are both licensed general contractors; their emphasis is on quality and customer service while maintaining schedule and budget. They will be available to handle and support any and all aspects of your various projects. Detailed resumes have been provided for Dane and Travis summarizing their vast and varied experience in the specialty of marine construction. Resumes have also been provided for one of our Project Managers along with three Site Superintendents. Additional resumes are available upon request for our remaining Project Management team as well as our Site Superintendents. Also included in this section is an organizational chart delineating team members who will be involved in your projects and the role to be played by each. Kelly Brothers' distinguished reputation as a leading commercial marine construction company was built on our team's unwavering commitment to quality, service, safety and integrity. Our strength comes from our people. Kelly Brothers' longevity and stability as a company is due to our loyal and experience work force. Dane and Travis inspire and impart a sense of pride, commitment and integrity to their team of skilled craftsmen, experienced project managers, and dedicated professionals. KBI's personnel have the competency to efficiently and effectively execute work outlined in your IFQ. Our key staff members as well as our field personnel are well -versed in the construction methods required and are experienced in the various aspects of outlined in the IFQ's Detailed Scope of Work section. Attention to detail is a company trait, which is demonstrated in our job performance. As a testament to the value and exceptional quality of our work, we have provided 10 reference questionnaires from very satisfied clients on projects that range from $163,000 to $5,900,000. On nine of the ten questionnaires our clients gave KBI a score of 10 out of a possible 10 on each of the criteria for a total overall score of 100, one scoring KBI with a total of 99 out of 100. Our people have a steadfast dedication to achieving excellence and work diligently to deliver impeccable customer service. We are experts in our field and partner as needed with skilled and knowledgeable subcontractors to provide such services as hauling of spoils and surveying. Kelly Brothers often manages and coordinates the work of various subcontractors as part of our client contracts. We understand the importance and value of their contributions to the success of each project and have developed a great working relationship with each of our subcontractors. KBI will work in accord with subcontractors, utility contractors, and material/equipment suppliers to provide project management, execution of work, and the successful completion of your projects. 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net eel KELLY BROTHERS, iNc Ann Marie Aeschliman Office Manager Main Office Administration & Support Staff Larry Zablackas Mechanic Shop Dane Kelly* President Main Office Travis Kelly * Bob DeMeo Vice President Controller General Superintendent Main Office & Safety Officer Main Office / Job Site Jerry Kitterman Shop Manager Shop Jeremy Barrus Truck Driver Shop Bryan Isenhour Maurino Sanchez Ortiz Roberto Figueroa Mechanic Mechanic Support Staff Shop Shop Shop 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net Subcontractors (as needed) Jake Kinnear * Project Manager Main Office / Job Site Site Superintendent Job Site CGC1519780 Company Organization Chart * Detailed Resume Provided Field Staff Job Site Additional Estimating & Project Management Staff Main Office 01�', tqal CGC1519780 KELLY BROTHERS, INC Dane Kelly President, Co-owner AREAS OF EXPERTISE Summary Proven leader in the marine construction industry with a track record of Licensed General Contractor ensuring projects are delivered to the highest quality, within budget and on time. Years of trade experience in every facet of marine construction. Project Planning/Management Projects include marina construction, bridge construction, dredge operations, fender system replacement, pile driving, bulkheads, seawalls, Value Engineering rip rap revetment, slope protection, erosion control, weirs, box culverts, wood and concrete piers, subaqueous cable and pipe crossings, artificial Staff Supervision reef construction, under -water construction, barge and crane service, marine salvage and commercial diving. Transitioned from a Laborer to Resource Management Job Site Superintendent, then Procurement Manager, General / Project Manager, Vice President, and now serves as the company's President Contract Administration and Licensed General Contractor. Recognized by clients and colleagues as a business professional with a high degree of personal integrity. Known Estimating for compassionate leadership, a persuasive passion for excellence, and a talent for resourceful business solutions. Consistently maintains a quality - Job Cost Control standard performance record via exceptional service, follow-through, and attention to detail. OSHA Construction and Safety Training President and Co-owner 2019 — Present OSHA Certified Rough Terrain • Oversees day to day operations of the company Extending Boom Operator 0 Leads all aspects of the firm's business development and operations • Collaborates with key personnel on business strategy, long range Certified Crane Operator planning and determining company objectives Up to ISO Ton • Acquires new business through strategic marketing efforts, competitive bidding processes, and client referrals OSHA Compliant Qualification • Uses knowledge from previous experience to gain a clear understanding Rigger/Signal Person - Hand/Voice a client's exact needs Department of Environmental Explores value engineering opportunities Protection, qualified • Works with Vice President /General Superintendent to clearly define Stormwater Mannageags ment Inspector and communicate project goals and objectives • Creates effective, informed, and highly motivated teams focused on United Safety Council customer requirements, safety, and quality Intermediate Maintenance of Traffic • Promotes team work, integrity, and strong work ethic Course, Meeting FDOTRequirements • Ensures the best value is obtained for each project while providing a quality product Open Water/Enriched Diver • Works with key personnel to estimate, review, and approve bid submittals, pricing, and change orders. American Heart Association Heart Saver First Aid, CPR, AED 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239) 482-8014 www.kellybros.net 01�', tqal CGC1519780 KELLY BROTHERS, INC Vice President 2012 — 2019 Kelly Brothers, Inc. • Oversaw day to day operations of the company • Managed all aspects of critical projects and provides managerial support for all other projects • Ensures the best value is obtained for each project while providing a quality product • Estimates, oversees, and approves bid submittals and change orders General / Project Manager 2011— 2012 Kelly Brothers, Inc. • Responsible for costing, estimating and planning projects • Managed multiple projects from the office and the field • Coordinated job site personnel, equipment and materials • Updated project plans to include agreed upon changes and facilitated change orders as needed Procurement Manager Kelly Brothers, Inc. 2009 — 2011 • Negotiated pricing for job materials and subcontracts • Planned and coordinated material deliveries and subcontracted work • Prepared material take -offs from drawings to obtain material quotes • Assisted estimators with bids to ensure accurate and competitive pricing Job Superintendent 2002 — 2009 Kelly Brothers, Inc. • Oversaw all on -site site activities, including daily work assignments, coordination of project materials, subcontracts, and job site inspections • Acted as liaison between the corporate office and owner's representative, engineering firms, and permitting entities 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239) 482-8014 www.kellybros.net a� 01�', KELLY BROTHERS, INC CGC1519780 Dane Kelly Relevant Project Experience Full service marine construction NE Hurricane Bay Maintenance Dredge, Lee County firm headquartered in Fort Myers Marco Island Yacht Club, Marco Island Locally owned and operated Installation of Buoys, Ding Darling National Wildlife Refuge, Tarpon Bay since its incorporation in 1980. Cons Buckely Pass, Punta Gorda • Anchorage Intracoastal Channel Maintenance Dredge, Lee County Over 40 years in business, serving a variety of public and Heinrich Residence, Dock and Dredge, Fort Myers private clients throughout City Dock, Naples Southwest Florida. Over I200 • Mangrove Bay Development, Phase I and II, Naples projects completed. • Old Pelican Bay Dredge, Fort Myers With Kelly Brothers, you are Brookside Marina, Naples working with a family owned • Regatta Landing, Naples and operated company, we have a vested interest in our Clearwater Harbor Marina, Clearwater Beach clients satisfaction. We take Powerboat Marina, Naples immense pride in our work and Ville de Marco West, Marco Island value our business reputation. • Tin City, Naples Our philosophy is simple, Chokoloskee Bridge, Everglades City "Get it done and do it right the first time. " Naples Pier Restoration, Naples • Punta Rassa Boat Ramp Replacement, Fort Myers Many projects are referral Tampa Yacht and County Club, Tampa work from previously satisfied customers. We have a long The Landings Yacht, Golf and Tennis Club, Fort Myers and established track record Marathon Marina and Resort, Marathon for delivering a quality product, Pine Island Commercial Marina, St. James City on time and within budget. • Marina Jack, Multiple Phases, Sarasota • Maximo Marina, Phase I and II, St. Petersburg • St. Marks Municipal Bulkhead and Pier, St. Marks • Sanibel Harbor Yacht Club, Dredging Fort Myers • Diversified Yacht Services, Fort Myers Beach • Ludwig Residence, Naples • Delnor-Wiggins State Park, Phase I and II, Naples • Doctors Pass North Jetty Rehabilitation, Naples • Pahokee Marina Reconfiguration, Pahokee • Mallory Square Wharf, Key West 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239) 482-8014 www.kellybros.net a� KELLY BROTHERS, INC AREAS OF EXPERTISE Licensed General Contractor Project Management Staff Supervision Resource Management Job Cost Control OSHA Construction and Safety Training OSHA Certified Rough Terrain Extending Boom Operator Certified Crane Operator Up to ISO Ton OSHA Compliant Qualification Rigger/Signal Person - Hand/Voice Department of Environmental Protection, (DEP) qualified Stormwater Management Inspector United Safety Council Intermediate Maintenance of Traffic Course, Meeting FDOT Requirements Open Water/Enriched Diver American Heart Association Heart Saver First Aid, CPR, AED CGC1519780 Travis Kelly Vice President, Co-owner Summary Dedicated, quality -focused, and safety -driven marine construction leader. Utilizes exceptional leadership and excellent communication skills to motivate field personnel to deliver a quality product in a safe environment. Ability to read drawings and to monitor work for adherence. Knowledgeable in marine construction sub -trades to effectively manage subcontractors ensuring strict compliance with plans and specs. Fifteen years of experience inspiring team members to give nothing less than their best. Promotes teamwork, safety, and excellence as a group effort. Utilizes creative problem -solving skills, remains patient, yet persistent, in order to achieve project and company objectives. Experience includes work on marinas, dredge operations, piers, boardwalks, fender systems, boat ramps, floating docks, bulkheads, seawalls, artificial reefs, aerial crossings, water control structures, salvage operations, and bridge construction. Transitioned from a Laborer to Job Site Superintendent, to General Superintendent and Safety Officer, and now serves as Vice President and KBI's Licensed General Contractor Secondary Qualifier. Vice President, Co-owner 2019 — Present Works with President and Project Managers to clearly define and communicate project goals and objectives Creates effective, informed, and highly motivated teams focused on customer requirements, safety, and quality Oversees all projects' on -site activities, including daily work assignments, coordination of project materials, subcontracts, and job site inspections along with all other responsibilities as the General Superintendent and Safety Officer as listed below General Superintendent and Safety Officer 2005 — 2019 • Oversees all projects' on -site activities, including daily work assignments, coordination of project materials, subcontracts, and job site inspections. • Acts as liaison between the corporate office and owner's representative, engineering firms, permitting entities and subcontractors. • Provides project progress reports in conjunction with Site Superintendent • Utilizes time management skills to ensure timely completion of projects. • Establishes and manages work schedules, adjusts as needed • Ensures all site personnel and subcontractors provide quality workmanship in accordance with plans and client needs. • Monitors on -site personnel and subcontractors to ensure safety guidelines are met. • Ensures personnel and subcontractor time is accurately accounted for • Works with executive management and Site Superintendent to make critical decisions about construction activities. • Interviews and hires field personnel 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239) 482-8014 www.kellybros.net a� KELLY BROTHERS, INC CGC1519780 Travis Kelly Relevant Project Experience Full service marine construction 0 NE Hurricane Bay Maintenance Dredge, Lee County Arm headquartered in Fort Myers 0 Marco Island Yacht Club, Marco Island Locally owned and operated 0Installation of Buoys, Ding Darling National Wildlife Refuge, Tarpon Bay since its incorporation in 1980. 0 Cons Buckely Pass, Punta Gorda • Anchorage Intracoastal Channel Maintenance Dredge, Lee County Over 40 years in business, serving a variety of public and 0Heinrich Residence, Dock and Dredge, Fort Myers private clients throughout 0 City Dock, Naples Southwest Florida. Over 1200 Old Pelican Bay Dredge, Fort Myers projects completed. • Brookside Marina, Naples With Kelly Brothers, you are Powerboat Marina, Naples working with a family owned Mangrove Bay Development, Phase I and II, Naples and operated company, we have a vested interest in our Ville de Marco West, Marco Island client's satisfaction. We take Regatta Landing, Naples immense pride in our work and Tin City, Naples value our business reputation. • Naples Pier Restoration, Naples Our philosophy is simple, Punta Rassa Boat Ramp Replacement, Fort Myers "Get it done and do it right the first time. " Tarpon Point Marina, Phase I and II, Cape Coral • The Landings Yacht, Golf and Tennis Club, Fort Myers Many projects are referral Marathon Marina, Marathon work from previously satisfied customers. We have a long Chokoloskee Bridge, Everglades City and established track record Pine Island Commercial Marina, St. James City for delivering a quality product, Marina Jack, Multiple Phases, Sarasota on time and within budget. • Maximo Marina, Phase I and II, St. Petersburg • Jiggs Landing, Bradenton • St. Marks Municipal Bulkhead and Pier, St. Marks • Sanibel Harbor Yacht Club, Dredging Fort Myers • Diversified Yacht Services, Fort Myers Beach • Ludwig Residence, Naples • Delnor-Wiggins State Park, Phase I and II, Naples • Doctors Pass North Jetty Rehabilitation, Naples • Pahokee Marina Reconfiguration, Pahokee • MarineMax, Naples, Fort Myers, Sarasota • Tarpon Point Marina, Phase I and II, Cape Coral • Boulevard Apartments, Largo 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239) 482-8014 www.kellybros.net K'4 a11 KELLY BROTHERS, INC LUh• MLRL1AL MAkiNL CuN i RAL i uK CGC1519780 Jake Kinnear Project Manager AREAS OF EXPERTISE SUMMARY Accomplished project manager with broad and diverse residential and Associate Degree, Building commercial experience. Over 18 years as General Contractor with projects Construction, Washington in marine construction, commercial airports, corporate, retail, and County Technical College industrial environments. Skilled in managing complex projects with the ability to assess client needs and convey necessary information with clarity. OSHA 30 Certification Ability to collaborate effectively with stakeholders, consultants, site superintendents, crew, and subcontractors. Strong work ethic, excellent Project Planning organizational skills, and proven expertise to consistently complete and Management projects on time and within the agreed upon budget. Staff Supervision Resource Management Contract Administration Estimating Job Cost Control Department of Environmental Protection, (DEP) qualified Stormwater Management Inspector Project Manager 2018— Present • Provides job site project management oversight • Monitors project schedule and adjusts, as necessary, to achieve on time completion • Monitors budget, negotiates cost effective pricing, and approves invoices • Prepares daily progress reports and communications • Obtains project permits in accordance with regulations for local, state, and federal agencies • Coordinates inspections and approvals • Estimates and provides assistance with bid preparation and takeoffs Project Manager 2015 — 2018 Lane Valente Industries • Estimated and managed material/resources for various maintenance and construction projects across the United States • Coordinated store close outs, transports and setup of industrial equipment, security booth and crash gate installations General Contractor / Owner Kinnear Carpentry 2004 — 2015 • Constructed new homes, additions, custom built-ins and installed trim and millwork in commercial and residential settings • Managed employees as well as coordination with various subcontractors on projects Project Manager / Working Foreman 2015 — 2015 RESII Construction Management Construction Superintendent 2008 — 2008 ALR, Inc. Finished Carpenter / Skilled Labor 2003 — 2004 The Woodsmith 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239) 482-8014 www.kellybros.net K4 a11 KELLY BROTHERS, INC LUh•MLRL1AL MAkiNL LUPoIRAL1uK CGC1519780 Jake Kinnear Relevant Project Experience MARINE CONSTRUCTION 0 NE Hurricane Bay Maintenance Dredge, Lee County IS OUR PASSION 0 Saprito Fishing Pier, Sarasota Full service marine construction 0The Bay, Kayak Launch, Sarasota Ann headquartered in Fort Myers 0 Matlacha Fishing Pier, Matlacha • SCOP County Road 761 Scour Countermeasures, Desoto County Locally owned and operated since its incorporation in 1980. 0Powerboat Marina, Naples • Naples Landing Dock Renovations, Naples Over 40 years in business, Alva Boat Ramp Renovations, Alva serving a variety of public and private clients throughout 0Anchorage Intracoastal Channel Maintenance Dredge, Lee County Southwest Florida. Over 1200 0 Gulf Star Marina, Fort Myers Beach projects completed. • Charley's Boat House Grill and Wine Bar, Fort Myers Beach With Kelly Brothers, you are Boca Bay Fishing Pier Y 9 , Boca Grande working with a family owned 0 Clearwater Harbor Marina, Clearwater and operated company, we s Island Floating Dock, Fort Myers have a vested interest in our have client's satisfaction. We take 0 Matanzas Harbor Dinghy Dock, Fort Myers Beach immense pride in our work and 0 Key West Fender Piles, Fort Myers Beach value our business reputation. • Hunter 33' Sailboat Salvage Our philosophy is simple, 0 WCIND Derelict Vessel Removal, Lee County "Get it done and do it right 0 MarineMax, Sarasota the first time. " • Artificial Reef Creation, Chris Koepfer's, Lee County Many projects are referral Estero Blvd. Improvements, Fort Myers Beach work from previously satisfied . Heinrich Residence, Dock and Dredge, Fort Myers customers. We have a long and established track record 0Charter Club Resort of Naples Bay, Naples for delivering a quality product, 0 Hertz Rental Exit Plaza, Palm Beach International Airport on time and within budget. Hertz Rental Plaza, Detroit Metropolitan Airport • Regis- Smart Style Salon, Orlando FL • Ameriprise Financial Office, Chicago, IL; Kalamazoo, MI; Tucson, AZ; • Ameriprise Financial Office Renovation, Raleigh, NC; Newark, NJ • Hertz HAC Administrative Building 1 & 2 Renovations, Oklahoma City, OK • Hertz Car Sales Building, Gresham OR, Los Angeles, CA • Hertz T&C Building Renovation, Boston MA; Salt Lake City UT; San Antonio TX; Baltimore MD, San Diego CA • Hertz World Headquarters, Interior Renovations 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239) 482-8014 www.kellybros.net 01�', tqal CGC1519780 KELLY BROTHERS, INC Charles (Hors) Jones Site Superintendent AREAS OF EXPERTISE Summary More than 40 years of trade experience of which 31 years has been with On -site Supervision Kelly Brothers, Inc. Starting in the industry as a skilled laborer, progressing to equipment operator, tug boat captain, and now serves as KBI's Site Resource Management Superintendent, learning every facet of marine construction along the way. Experience includes marinas, dredge operations, piers, boardwalks, Job Cost Control fender systems, boat ramps, floating docks, bulkheads / seawalls, artificial reefs, aerial crossings, water control structures, bridge construction, jetty Promotes Quality and Safety construction; sheet pile dams and retaining walls and installation of navigational aids such as channel markers, buoys, and lights. Licensed OSHA Construction and 100-ton unlimited Captain's License with towing endorsement. Broad Safety Training knowledge of construction tools, machinery and equipment. Familiar with operation and maintenance of most heavy equipment and marine OSHA Certified Rough Terrain vessels. Familiar with ACOE, DOT, State of Florida, and various county, Extending Boom Operator city construction and environmental procedures and requirements. Dedicated to delivering a quality project, on time, within budget, and 100 Ton Captain License one that exceeds the customers' expectations. with Towing Endorsement Site Superintendent 1990 — Present Certified Crane Operator Up to ISO Ton • Manages on -site activities, including daily work assignments, coordination of project materials, and job site inspections. OSHA CompQualification . Aids scheduling of project and coordinates subcontract work rson -Hand/voice Rigger/Signal Person • Supervises crew and oversees subcontractors to ensure compliance Crane Inspection and with budget, scope and schedule Certification Bureau (CICB) • Maintains field personnel records, equipment, and activity logs Safety Training forNCCCO • Interprets drawings and specifications; establishes construction Preparatory Training, Mobile Cranes grades and work lay out NCCCO Certified Operator for • Scrutinizes field work, conveys job site quality and safety control checks Lattice Boom Crawler (LBC) • Ensures all field personnel has and utilizes proper safety equipment and Lattice Boom Truck (LBT) • Evaluates environmental restrictions, implements proper procedures, and maintains reporting documentation American Heart Association • Operates a wide range of light and heavy construction equipment Heart Saver First Aid, CPR, AED and marine vessels Self Employed 1987 — 1990 SW FL Seawall Repair • Owned / operated marine construction business • Heavy Equipment Operator / Tug Boat Captain Site Foreman 1985 - 1987 Coastal Marine 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239) 482-8014 www.kellybros.net 01�', tqal CGC1519780 KELLY BROTHERS, INC Charles (Hors) Jones Relevant Project Experience MARINE CONSTRUCTION 0 Longboat Key Groins, Longboat Key IS OUR PASSION 0 NE Hurricane Bay Maintenance Dredge, Lee County Full service marine construction 0Saprito Fishing Pier, Sarasota Arm headquartered in Fort Myers 0 Cons Buckley Pass, Punta Gorda • Gulf Star Marina, Fort Myers Beach Locally owned and operated since its incorporation in 1980. 0Salty Sam's Marina, Fort Myers Beach • Clearwater Harbor Marina, Clearwater Over 40 years in business, 0 440 West Condominiums, Clearwater serving a variety of public and private clients throughout 0Villa de Marco West, Marco Island Southwest Florida. Over 1200 0 Heinrich Residence, Dock and Dredge, Fort Myers projects completed. • Levi Residence, Fort Myers Beach With Kelly Brothers, you are Boca Grande Isles 16th Street Bride � Bridge, Boca Grande working with a family owned 0 Harborwalk at Gilchrist Park, Punta Gorda and operated company, we Pier Restoration, Naples have a vested interest in our have c/ientssatisfaction. We take 0 Artificial Reef, Charlotte County immense pride in our work and 0 Villas at Fortune Place, Kissimmee value our business reputation. • Harbour Heights Boat Ramp, Punta Gorda Our philosophy is simple, 0 Mangrove Bay Development, Phase II, Naples "Get it done and do it right 0 Regatta Landing, Naples the first time. • Naples Land Yacht Harbor, Naples Many projects are referral 0 Central Bridge over Booker Creek, St. Petersburg work from pre vious/ysatisfied 0 Zambelli Fireworks, Naples customers. We have a long and established track record 0SWFMD, FAKA Union Canal, Naples for delivering a quality product, 0 Tarpon Point Marina, Phase I, Cape Coral on time and within budget. NBANC Island Bridges, Sarasota • CONS -LOCK Fender, Punta Gorda • Paradise Point Marina, North Fort Myers • Dean Hicks Artificial Reef Formation, Lee County • Matlacha Bridge Reef, Bokeelia • Raveena Docks and Seawall, Fort Myers • Hamilton Harbor Marina, Naples • Horton Park Seawall, Cape Coral • Lemon Bay Preserve, Venice 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239) 482-8014 www.kellybros.net 01�', tqal CGC1519780 KELLY BROTHERS, INC AREAS OF EXPERTISE Project Scheduling and Coordination On site Supervision Resource Management Job Cost Control Promotes Quality and Safety OSHA Construction and Safety Training OSHA Certified Rough Terrain Extending Boom Operator Certified Crane Operator Up to ISO Ton OSHA Compliant Qualification Rigger/Signal Person - Hand/Voice Crane Inspection and Certification Bureau (CICB) Safety Training for NCCCO Preparatory Training, Mobile Cranes NCCCO Certified Operator for Lattice Boom Crawler (LBC) and Lattice Boom Truck (LBT) State of Florida, Class A CDL William (Bob) Horne Site Superintendent Summary More than 35 years of trade experience in every facet of marine construction, including marinas, dredge operations, piers, boardwalks, fender systems, boat ramps, floating docks, bulkheads / seawalls, artificial reefs, aerial crossings, water control structures, bridge construction, jetty construction; sheet pile dams and retaining walls and installation of navigational aids such as channel markers, buoys, and lights. Deep knowledge of construction tools, machinery and equipment. Familiar with operation, maintenance, and repair of most heavy equipment and marine vessels. Familiar with ACOE, DOT, State of Florida, and various county, city construction and environmental procedures and requirements. Dedicated to delivering a quality project, on time, within budget, and one that exceeds the customers' expectations. Site Superintendent 2010 — Present • Manages on -site activities, including daily work assignments, coordination of project materials, subcontracts, and job site inspections. • Aids scheduling of project and coordinates subcontract work • Supervises crew and oversees subcontractors to ensure compliance with budget, scope and schedule • Maintains field personnel records, equipment, and activity logs • Interprets drawings and specifications; establishes construction grades and work lay out • Scrutinizes field work and conveys job site quality and safety control checks • Ensures all field personnel has and utilizes proper safety equipment • Evaluates environmental restrictions, implements proper procedures, and maintains reporting documentation • Operates a wide range of heavy construction equipment. Site Superintendent Nelson Marine Construction, Inc. 2000 — 2010 American Heart Association Managed on -site site activities, including daily work assignments, Heart Saver First Aip,CPR, AED coordination of project materials, subcontracts, and job site inspections. Site Foreman Kelly Brothers, Inc. 1985 — 2000 • Job responsibilities noted with current Site Superintendent position detailed above. Heavy Equipment Operator 1982 — 1985 Robert T. Campbell, Inc. 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239) 482-8014 www.kellybros.net 01�', tqal CGC1519780 KELLY BROTHERS, INC William (Bob) Horne Relevant Project Experience MARINE CONSTRUCTION 0 Longboat Key Groins, Longboat Key IS OUR PASSION 0 Saprito Fishing Pier, Sarasota Full service marine construction 0NE Hurricane Bay Maintenance Dredge, Lee County Arm headquartered in Fort Myers Marco Island Yacht Club, Marco Island • Mandalay Bay Pedestrian Bridge, Clearwater Beach Locally owned and operated since its incorporation in 1980. 0SCOP County Road 761 Scour Countermeasures, Desoto County • Gulf Star Marina, Fort Myers Beach Over 40 years in business, • Naples Landing Dock Renovations, Naples serving a variety of public and private clients throughout 0Old Naples Seaport, Naples Southwest Florida. Over 1200 0 Lofton's Island Floating Dock, Fort Myers projects comp/eteal • Villa de Marco West, Marco Island With Kelly Brothers, you are Artificial Reef Creation Chris Koe fers Lee County p � � ' working with a family owned 0 Derelict Vessel Removal, Collier County and operated company, we • City Dock, Naples have a vested interest in our client's satisfaction. We take The Boathouse on Naples Bay, Naples immense pride in our work and Mangrove Bay Development, Phase I and II, Naples value our business reputation. • Pahokee Marina Reconfiguration, Pahokee Our philosophy is simple, Naples Pier Restoration, Naples "Get it done and do it right Regatta Landing, Naples the first time. • Tampa Yacht and County Club, Tampa Many projects are referral Brookside Marina, Naples work from pre vious/ysatisfied Boulevard Apartments, Largo customers. We have a long and established track record Pine Island Commercial Marina, St. James City for delivering a quality product, Maximo Marina, Phase I & II, St. Petersburg on time and within budget. Sanibel Harbor Yacht Club, Dredging, Fort Myers • Old Pelican Bay Dredge, Fort Myers • Diversified Yachts Services, Fort Myers Beach • Tropical Isle Condominium, Marco Island • Newton Park, Fort Myers Beach • Sanibel Harbor Yacht Club, Floating Docks, Fort Myers • US Coast Guard Pier Addition, Fort Myers Beach • Key West Express, Fort Myers Beach • Zambelli Fireworks, Marco Island 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239) 482-8014 www.kellybros.net 01�', tqal CGC1519780 KELLY BROTHERS, INC AREAS OF EXPERTISE Project Scheduling and Coordination On site Supervision Resource Management Job Cost Control Promotes Quality and Safety OSHA Construction and Safety Training OSHA Certified Rough Terrain Extending Boom Forklift Operator Lattice Boom Crawler aBC) Safety Training OSHA Compliant Qualification Rigger/Signal Person - Hand/Voice American Heart Association Heart Saver First Aid, CPR, AED Jose Raul Benitez Site Superintendent Summary More than 30 years of trade experience, of which 24 years has been with Kelly Brothers, Inc. Starting as a skilled laborer, progressing to Equipment Operator to Site Superintendent, learning every facet of the marine construction business. Broad industry experience including dredge operations, piers, boardwalks, fender systems, boat ramps, floating docks, bulkheads / seawalls, artificial reefs, aerial crossings, water control structures, bridge construction, jetty construction; coffer dams and retaining walls and installation of navigational aids such as channel markers, buoys, and lights. Deep knowledge of construction tools, machinery and equipment. Familiar with operation, maintenance, and repair of most heavy equipment and marine vessels. Familiar with ACOE, DEP, FDOT and various county and city construction and environmental procedures / requirements. Dedicated to delivering a quality project, on time, within budget, and one that exceeds the customers' expectations. Site Superintendent 2000 — Present • Manages on -site activities, including daily work assignments, coordination of project materials, subcontracts, and job site inspections. • Aids scheduling of project and coordinates subcontract work • Supervises crew and oversees subcontractors to ensure compliance with budget, scope and schedule • Maintains field personnel records, equipment, and activity logs • Interprets drawings and specifications; establishes construction grades and work lay out • Scrutinizes field work and conveys job site quality and safety control checks • Ensures all field personnel has and utilizes proper safety equipment • Evaluates environmental restrictions, implements proper procedures, and maintains reporting documentation • Operates a wide range of heavy construction equipment Foreman / Equipment Operator Kelly Brothers, Inc. 1997 — 2000 • Managed on -site site activities, including daily work assignments, coordination of project materials, subcontracts, and job site inspections working closely with the Site Superintendent. • Operated all heavy and marine related equipment 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239) 482-8014 www.kellybros.net 01�', tqal CGC1519780 KELLY BROTHERS, INC Jose Raul Benitez Relevant Project Experience MARINE CONSTRUCTION 0 Marco Island Yacht Club, Marco Island IS OUR PASSION 0 NE Hurricane Bay Maintenance Dredge, Lee County Full service marine construction 0Anchorage Intracoastal Channel Maintenance Dredge, Lee County Arm headquartered in Fort Myers 0 Sailfish Bridge Scour Countermeasures, Punta Gorda • Boca Bay Fishing Pier, Boca Grande Locally owned and operated since its incorporation in 1980. 0Gulf Star Marina, Fort Myers Beach • Cons -Buckley Pass, Punta Gorda Over 40 years in business, 0 Powerboat Marina, Naples serving a variety of public and private clients throughout 0Sanibel-Captiva Road Culvert Repairs, Sanibel Southwest Florida. Over 1200 • City Dock, Naples projects comp/eteal • Tin City, Naples With Kelly Brothers, you are Brookside Marina Naples working with a family owned 0 Lofton's Island Floating Dock, Fort Myers and operated company, we have a vested interest in our have Club Resort of Naples Bay, Naples client's satisfaction. We take 0 Boca Grande Isles, 16th Street Bridge, Boca Grande immense pride in our work and 0 MarineMax, Naples value our business reputation. • Tampa Yacht &Country Club, Tampa Our philosophy is simple, 0 Mangrove Bay Development, Phase I, Naples "Get it done and do it right 0 Estero Blvd. Improvements, Fort Myers Beach the first time. • Chokoloskee Bridge, Everglades City Many projects are referral 0 Bayshore Gardens Boat Ramp, Bradenton work from pre viouslysatisfied 0 Matanzas Harbor Dinghy Dock, Fort Myers Beach customers. We have a long and established track record Regatta Landing, Naples for delivering a quality product, 0 Punta Rassa Boat Ramp, Fort Myers on time and within budget. Fort Myers Yacht Basin, Fort Myers • Cape Coral Bridge Fender Repair, Fort Myers • The Landings, Yacht, Golf & Tennis Club, Fort Myers • Naples Bay Marina, Naples • Arcadia Bridge FDOT TlA07, Arcadia • Boulevard Apartments, Largo • Condo on the Bay, Sarasota • Marina Jack, Multiple Phases, Sarasota 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239) 482-8014 www.kellybros.net 000, tqal CGC1519780 KELLY BROTHERS,iNc COMMERCIAL MARINE CONTRACTOR Required Forms & Documents 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net COiliCT C0141 ty Administrative Services Department Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items: Q General Bid Instructions has been acknowledged and accepted. Q Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. Q Form 1: Vendor Declaration Statement [✓] Form 2: Conflict of Interest Certification Q Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz/ should be attached with your submittal. Q Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposaVbid. Q Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal or you MAY be DEEMED NON -RESPONSIVE Q E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. [.] Form 4: Certification for Claiming Status as a Local Business, if applicable, has been executed and returned. Collier or Lee County Business Tax Receipt should be attached with your submittal to be considered. Q Form 5: Reference Questionnaires form must be utilized for each requested reference and included with your submittal, id applicable to the solicitation. Q Form 6: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. Q Vendor W-9 Form. [✓] Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. NQA The Bid Schedule has been completed and attached with your submittal, applicable to bids. [.� Copies of all requested licenses and/or certifications to complete the requirements of the project. [.� All addenda have been signed and attached, or you MAY be DEEMED NON -RESPONSIVE. QFk County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. Q Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. ***UPDATED JANUARY 28, 2020*** Cover County Admristi' We services CepatTE-nt Procurement 5ernces Dn man Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specif cations/scope of wort: of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents Iisted by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this. 16thday of June 2021 in the County of Lee , in the State of Firm's Legal Name: Kelly Brothers, Inc. Address: _ 15775 Pine Ridge Rd. , City, State, Zip Code: Fort Myers, FL 33908 Florida Certificate of 656515 Authority Document Number Federal Tax 59-2069592 Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: 239-482-7309„ Email: Signature by: (Typed and written) Title: Dal2g Kelly. President — A l TDATED JANUA RY 28, 2020"` Additional Contact information Send payments to: Kelly Brothers. Inc. (required if different from Company name used as payee above) Contact name: nn„o Vo11— Title: President Address: 15775 Pine Ridge Rd. City, State, ZIP Fort Myers, FL Telephone: 239-482-7300 Email: estimatingaa kellyhros_net Office servicing Collier Same as above County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: ***UPDATED JANUARY 28, 2020*** 47e,r-,RM- y Administrative services Department Procurement servces Dvisan Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules —The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity —The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (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 project identified above has been fully disclosed and does not pose an organizational conflict. .. ompany Name Signature Dane Kelly. ]2resident Print Name and Title State of Florida County of Lee _ The foregoing instrument was acknowledged before me by means of M physical presence or 0 online notarization, this l fith day of_June_ (month), 202] (year), by Dane Kelly (name of on acknowledging). (Signature of Notary Public - State of Florida) Ann MarieA4zschumnn (Print, Type, or Stamp Lommissioned Name of Notary Public) Personally known OR Produced Identification Type of Identification Produced ANN MARIE AESCHLIMAN commission It GG 300275 Expires February 11, 2023 rfpr �dQ BaidW nua BudgHNaluy Sw*g3 0'""UPDATED JANUARY 28, 2020""" Coder County Admn'rstrafi Services Department Procurement SerAms Dmsan Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (littps: ."www.e-verifv.Lov ', at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal,bid or within five (S) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE, I Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("MA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof ofenrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. Kelly Brothers, Inc. ,.Company Name Signature Dane Kelly, President Print Name and Title State of _Figrida County of Lee The foregoing instrument was acknowledged before me by means of M physical presence or ❑ online notarization, this 16th day of June (month), _2021 (year), by Dane Kelly _ (name of person acknowledging). ersonally Known OR Produced Identification Type of Identification Produced Ann Made Aug liman (Print, Type, or Stamp Commission Name of Notary Public) {�rP4 ANN MARIE AESCHUMAN Commission # GG 300276 *�* Ny�fOFFt�Ac Expires BaldgdtlWFebruary ��HClifY$g1110!{ ""*UPDATED JANUARY 28, 2024••` riE-Vefv r Ilill4l ,. Company ID Number: 384325 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the Kelly Brothers, Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- or Company ID Number: 384325 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 384325 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- or Company ID Number: 384325 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VI of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VI could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify(a)dhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- or Company ID Number: 384325 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- or Company ID Number: 384325 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- or Company ID Number: 384325 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- or Company ID Number: 384325 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- or Company ID Number: 384325 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- or Company ID Number: 384325 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- or Company ID Number: 384325 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- or Company ID Number: 384325 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv� , OF VOW, Company ID Number: 384325 Approved by: Employer Kelly Brothers, Inc. Name (Please Type or Print) Title Marilyn Anderson Signature Date Electronically Signed 01/11/2011 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 01/11/2011 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- or Company ID Number: 384325 Information Required for the E-Verify Program Information relating to your Company: Kelly Brothers, Inc. Company Name 15775 Pine Ridge Rd. Fort Myers, FL 33908 Company Facility Address 15775 Pine Ridge Rd. Fort Myers, FL 33908 Company Alternate Address County or Parish LEE Employer Identification Number 592069592 North American Industry 238 Classification Systems Code Kelly Brothers, Inc. Parent Company Number of Employees 20 to 99 Number of Sites Verified for 1 Page 14 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 E-VerifvVOW, Company ID Number: 384325 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-VerifvVOW, Company ID Number: 384325 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Ann Marie Aeschliman Phone Number (239) 482 - 7300 Fax Number (239) 482 - 8014 Email Address annmariea@kellybros.net Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-VerifvVOW, Company ID Number: 384325 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Co ier C014nty AdmiKalraiM Services Departrnent Proauement Services Dmsion Forst 4: Vendor Submittal — Local Vendor Preference Certification (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business) ❑ Collier County ® Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section Fifteen of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or 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 County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non -permanent structure such as a construction trailer, storage shed, or other non -permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall afrNm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will Iose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or ® Lee County: Number of Employees (Including Owner(s) or Corporate Ofticers):4_ Number of Employees Living in m Collier County or ® Lee (Including Owner(s) or Corporate Officers): If requested by the County, Vendor will be required to provide documentation substantiating the information given in this certification. Failure to do so will result in vendor's submission being deemed not applicable. Sian and Date Certification: Under penalties ofperLrv. ! cerljA that the fnrormation shmvn on this form is correct to nry knowledge. Company Name: Kelly Brothers. Tnc. Date: 6/16/2021 Address in Collier or Lee County: 15775 pine Ridm- Rif.. Fort Mver*_ FT. 1 �909 Signature: Title: _president *"UPDATED J_1NUARY 20, 2020*** RECEIVED SEP 2 4 2020 suocotos Col,yt� Tax CoOfVtor sore of 0'i.0 Dear Business Owner: Local Business Tax Receipt Your 2020-2021 Lee County Local Business Tax Receipt is attached below for account number 1204211. If there is a change in one of the following, refer to the instructions on the back of this receipt. • Business name • Ownership • Physical location • Business closed This is not a bill. Detach the bottom portion and display in a public location. I hope you have a successful year. Sincerely, 4,0. Lee County Tax Collector --------------- 2020 - 2021 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1204211 State License Number: CGC1519780 !f stale license has changed, contact our office at 239.53.1.6000 Location: 15775 PINE RIDGE RD FORT MYERS FL 33908 KELLY BROTHERS INC KELLY DANE P 15775 PINE RIDGE RD FORT MYERS FL 33908 Account Expires: September 30, 2021 May engage in the business of: GENERAL CONTRACTOR -CERTIFIED THIS LOCAL BUSINESS TAX RECEIPT 1S NON REGULATORY Payment Information: PAID 564700-30.1 09I? 11-020 10:00 AM $50,00 Fonn w- V (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.Imgov/For1W9 for instructions and the latest information. on your income tax retum+. Name is required on this line; do not lease this entity name, It different Iran al�oae Give Form to the requester. Do not send to the IRS. 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entitles, not individuals; see instructions on page 3): ❑ Individuallsole proprietor or ❑ C Corporation ® S Corporation ❑ Partnership ❑ Trust/estate single -member LLC Exempt payee code (if any) ❑ Limited liability company Enter the tax classification ;C=C corporation, S=S corporation, P=Partnership) IN - Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (i! any] another LLC that Is not disregarded from the owner for U S. federal tax purposes. Otherwise, a single member LLC that Is disregarded from the owner should check the apprapriabn box for the tax classification of its owner. ❑ Other (see instructions) ► PVPW,+oACCO"s S. 5 Address (number, street, and apt. or suite no) See instructicns Requester's name and address (optional) 8 City, state, and ZIP code Fort M rs, FL 33908 7 List accoun numbers) here (optional) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For Individuals, this Is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a TIN, later, or Note: If the account is in more than one name, see the instructions for line 1- Also see What Name and rEmployer identification number Number To Give the Requester for guidelines on whose number to enter- 77-1 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4, The FATCA code(s) entered on this fort (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Merest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. aryrr Signature of Here U.s.person ► - - Date► 511012021 General Instructions • Form i099-DIV (dividends. Including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise . Form 1099-MISC (various types of income, prizes, awards, or gross noted. proceeds) Future developments. For the latest information about developments . Form 1099-8 (stock or mutual fund sales and certain other related to Form W-9 and its Instructions, such as legislation enacted transactions by brokers) after they were published, go to www.irs.gov/F`orrnW9. • Form 1099-S (proceeds from real estate transactions) Purpose of Form • Form 1099-K (merchant card and third party network transactions) An individual or entity (Form W-9 requester) who is required to file an • Form 1098 (home mortgage Interest), 1098-E (student loan interest), Information return with the IRS must obtain your correct taxpayer 1098-T (tuition) Identification number (TIN) which may be your social security number • Form 1099-C (canceled debt) (SSN), individual taxpayer Identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number . Form i099 A (acquisition or abandonment of secured property) (EIN), to report on an Information return the amount paid to you, or other Use Form W-9 only if you are a U.S. person (including a resident amount reportable on an Information return. Examples of Information alien), to provide your correct TIN. returns include, but are not limited to- the following. if you do not return Form W-9 to the requester with a TIN, you might • Form 1099-INT (interest earned or paid) be subject to backup withholding, See What Is backup withholding, rater. Cat. No. 102 31 X Form W-9 (Rev.10-2018) INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily ISO form Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000 Each Occurrence; Bodily Injury & Property Damage Owned/Non-owned/Hired; Automobile Included 6. ® Other insurance as noted: ® Watercraft $ 1, 0 0 0 , 0 0 0 Per Occurrence ® United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ 1,000,000 Per Occurrence ® Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ 1,000,000 Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ® Pollution $ 1,000,000 Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed contract Bonds by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all wort: performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings_ All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 415/21 - CC Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. Name of Firm Vendor Signature Print Name Insurance Agency Dane Kelly,_ President_ _ Assured Partners Date 06/ 16/2021 Agent Name B an Bail ARM AAI Telephone Number 850-572-4847 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide (Version 4, most recent update, Effective June 1, 2020) EXHIBIT I - 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Changes: To be eligible for FEMA assistance under the non -Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Termination: See Standard Purchase Order and/or Contract Terms and Conditions Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any EXHIBIT I - 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." Procurement of Recovered Materials (§200.323) (Over $10,000): 1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. 2. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program 3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. Domestic Preference for Procurements 200.322 (a) As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. EXHIBIT I - 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES TELECOMMUNICATIONS EQUIPMENT OR SERVICES Prohibition on Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — a. A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: a. Covered telecommunications equipment or services that: I. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order EXHIBIT I - 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. (f) Definitions Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet) Covered foreign country means the People's Republic of China. Covered telecommunications equipment or services means— a. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); b. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); c. Telecommunications or video surveillance services provided by such entities or using such equipment; or d. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. Telecommunications equipment or services means telecommunications or video surveillance equipment or services, such as, but not limited to, mobile phones, land lines, internet, video surveillance, and cloud servers. EXHIBIT I - 6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, EXHIBIT I - 7 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding STATE PROVISIONS Equal Employment Opportunity: No person on the ground of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, otherwise subjected to discrimination. Discriminatory Vendor List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. Notification: The Contractor shall notify the County if it has been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. Record Retention: A. The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, the State, or its authorized representatives access to such records for audit purposes upon request. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. EXHIBIT I - 8 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Conflict of Interest: This Contract/Work Order is subject to chapter 112, F.S. The vendor shall disclose the name of any officer, director, employee, or other agent who is also an employee of the State. Grantee shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent (5%) interest in the Contractor's company or its affiliates. In order to comply with Florida Auditor General report 201 4-064 regarding conflicts of interest and to be consistent with Section 287, 057(17)(a)(1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitor to the FDEP, County, permittee and engineering consultant. Data Collection: All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: https://floridadei).gov/water/beaches-inlets-ports/documents/monitoring-overview-J)hvsical- monitoring. Diversity: All contracting and subcontracting opportunities afforded by this solicitation/contract embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. Firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a Minority Business vendor. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. Applicable Laws: The contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the County. The contractor acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. Local Preference: Pursuant to Section 255.0991, F.S. local vendor preference is not applicable. EXHIBIT I - 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES PAGE LEFT INTENTIALLY BLANK EXHIBIT I - 10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Kelly Brothers Inc. Date 06/16/2021 Authorized Signature EXHIBIT I -11 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Kelly Brothers, Inc By: 4 .-C x Signature Dane Kelly, President Name and Title 15775 Pine Ridge Road Street Address Fort Myers, FL 33908 City, State, Zip 085714871 DUNS Number 0619,16009.1 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT 1-12 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT status will be verified. unverifable statuses will require the PRi ME to either prai-ode a reoised statement or provide source documentation that validates a status. A. PRIME VENDOR/COINTRACTOR INFORMATION PRIME NAME PRIME FE DNUMBER CONTA4C71>0LL4RAMOUNT Kelly Brothers, Inc. 59-2069592 TBD IS THE PNIdEAFLORdA EATIREDDISADVANTAGED, yT!-EAAN y N 15THE ACnVITYOFTHIS t>dNTRACT.- TBD MINORI'TtiORWOMEN BU51NFS5ENTERPRISE? DBE? Y N CONsTRUCTTON7 Y N (DBEJIA B"iBE) OR HAVE A SMALL DISADVANTAGED BUSI N ESS SA CERTIFICATION FROM THE SPAALL BUSINESS ME!E? Y N ODNSULTATIGN? Y N ADMINISLRATION? A SERVICE DISABLED VETERAN? WEE? Y N OTHER? Y N 5DB 8A7 'i N IS THISSUBMISSIDN A REVISION? 'i N F YES, REVISION NUMBER NA B, IF PR1ME HAS SUBCONTRACTOR OR SUPPLIER WHO IS AOISAOVANTAGED MWORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TOCOMPLETE THIS NEKTSECTION DEE MJW13E 5 UEK ONTFLACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY€ORE SUB/SLI PPLIER PERCENT OF CONTRACT '%ETEP.H`, NAME SPECIALTY 'Sea Be owl DOLLAR AMOUNT DOLLARS TBD TOTAL. TBD TBD C. SECTION TO BE COMPLETED BY PRIME VENDORJCONTRACTOR NAME OF SUBMrrrER DATE T-rLE OF SU BMIITER Dane Kell 06/16/2021 President EMAIL ADDRESS OF PRIME {SUBMrr1ERI TELEPHONE NUMBER FAXNUFAH R estimating@kellybros.net 239-482-7300 239-482-8014 NOTE: This information is wed to track and report aMxipated DBE OF MBE participation in, federally -furled contract;- The antidpi ted DBE or M ISE amount is vol ulrtary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation- tf and when awarded a County corrtract, the prime will be asked to update the information for the grant compliance files. D.. 5 ECTI0N TO BE COMPLETED BY COWER COUNTY DEPARTMENTHAME COWERCONTUCTt# IFEVRFParPO/RE GRANT PROGRAM/CONTRACT ACCEPTED BY_ DATE E7HRO77 cum Glad[ Amtvion BA Hispani€American HA HatbreAmerican NA Suh[ont. Asian American SAA A3ian�adf�€American APA Non-F.linority Women NF.iVM Other: not of arty other group listed O EXHIBIT I - 13 COLLIER COUNTY GRANT COMPLIANCE FORM BID OPPORTUNITY LIST FOR COMMODITIES, CONTRACTUAL SERVICES OR PROFESSIONAL CONSULTANT SERVICES It is the policy of Collier County that disadvantaged businesses and minority vendors, as defined in the Code of Federal Regulations (CFR) or Florida Statutes (FS), must have the opportunity to participate on contracts with federal and/or state grant assistance. Prime Contractor/Prime Consultant: Kelly Brothers, Inc Address and Phone Number: 15775 Pine Ridge Road, Fort Myers, FL 33908, PH: 239-482-7300 Procurement Number/Advertisement Number: Solicitation NO.: 21-7885 The list below is intended to be a listing of firms that are, or attempting to, participate on the project numbered above. The list must include the firm bidding or quoting as prime, as well as subs and suppliers quoting for participation. Prime contractors and consultants must provide information for Numbers 1, 2, 3, and 4; and, should provide any information they have for Numbers 5, 6, 7, and 8. This form must be submitted with the bid package. 1. Federal Tax ID Number 2. Firm Name: 3. Phone Number: 4. Address 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone Number: 4. Address 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone Number: 4. Address 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone Number: 4. Address 5. Year Firm Established: TBD, based on project specifications 6. a DBE 8. Annual Gross Receipts Non -DBE Less than $ 1 million Between $ 1-5 million Between $ 5-10 million 7. eSubcontractor Between $ 10-15 million Subconsultant More than $ 15 million 6. a DBE 8. Annual Gross Receipts Non -DBE Less than $ 1 million Between $ 1-5 million Between $ 5-10 million 7. eSubcontractor Between $ 10-15 million Subconsultant More than $ 15 million 6. a DBE 8. Annual Gross Receipts Non -DBE Less than $ 1 million Between $ 1-5 million Between $ 5-10 million 7. eSubcontractor Between $ 10-15 million Subconsultant More than $ 15 million 6. a DBE 8. Annual Gross Receipts Non -DBE Less than $ 1 million Between $ 1-5 million Between $ 5-10 million 7. eSubcontractor Between $ 10-15 million Subconsultant More than $ 15 million EXHIBIT I - 14 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceedingl$100,0001 The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U_S_C_ § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Kelly Brothers Inc. Contractor (Firm Na o Signature of Contractor's Authorized Official Dane Kelly, President Name and Title of Contractor's Authorized Official 06/ 16/2021 Date EXHIBIT I -15 000, tqal CGC1519780 KELLY BROTHERS,mc COMMERCIAL MARINE CONTRACTOR Addenda 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net Coftler County Administrative Services Division Procurement Services Date: 5/26/2021 Email: Patrick.Boyle@colliercountyfl.gov Telephone: 239-252-8941 Addendum 1 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum 1 for 21-7885 Beach Maintenance Related Activities The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1: Extended Due Date from June 7, 2021 at 11:00am to June 16', 2021 at 3:00pm Extended Questions & Answers from June 1`2021 at 7:00am to June 9' 2021 at 5:00pm. Change 2. Detailed Scope of Work: Words sti:aek thfough are deleted from the Solicitation document: A revised solicitation has been uploaded to BidSync. Change 3: Provided updated scope of work with scope changes (21-7885 Solicitation_rev52521.pdf) Change 4: Prices shall Femain fir-nq foF the initial term of this eofitmisl-. Prices shall remain firm for the first year of this agreement. Change 5: The Contractor will provide beach maintenance and related activities consisting of, but not be limited to, the following: Change 6: BEACH TILLING: The Contractor sha4-1--may till the beach in preparation for sea turtle nesting seasons, and beach renourishment related project areas between the seaward edge of vegetation/seawall line and the mean high water line (approximate elevation, 1.7 NGVD) with equipment operated so as to penetrate and loosen beach sand (a) to a depth of twenty- four (24) to thirty-six (36") inches and (b) laterally without leaving unloosened compacted sand between the adjacent paths of tines or penetrating part of the equipment. (Suitable equipment is Caterpillar D9L/No. 9 Adjustable Parallelogram Multishank Ripper, or equal or a combination of suitable equipment for the intended work.) Upon completion of any tilling, the beach shall be evenly dragged to remove any ruts created by the tilling process for a uniformed surface. PILE INSTALLATIONS: The Contractor shal may install specified pilings in the designated location of the channel ways situated throughout Collier County for navigational signage as required. The piles will be provided by the County consisting of either fiberglass grade materials or marine grade timber. The pilings shall be jetted at a minimal depth of embedment to support navigational aide and signage as required and provided by the county. Change 7: A "ate will be r-eEfaes even distfibutien of the Procedures for Non -Urgent Work: For projects with a value of $50,000 or less, the procedure for obtaining quotes from the awarded Contractors is outlined below: 1. A quote will be requested from one (1) of the awarded Contractors on a basis that ensures a relatively even distribution of work. 2. The Contractor will respond with the information and/or proposal sought within seven (7) calendar days. 3. The County shall pay the Contractor for the performance of the work pursuant to the quoted price offered by the Contractor. The Contractor will be compensated for time and material not to exceed (T&M NTE) work. 4. Contractor will commence work upon County's issuance of a Purchase Order. The Contractor agrees that any Work Order that extends beyond the expiration date of the resultant contract will survive and remain subject to the terms and conditions of the resultant contract until the completion or termination of work. Change 8: B. Procedures for projects with a value of $50,000 to $1,000,000 are as follows: 1. Contractor shall may respond with the quote within ten (10) business days. The County's Project Manager or designee will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote. Change 9: The County's Proiect Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. Change 10: UYLyent work shall be defined as anv work that is not scheduled. Urgent work will be completed on a rotating schedule with one (1) Contractor designated for a one (1) week period. Each awarded Contractor shall supply all County departments utilizing the resultant contract with a minimum of two (2) twenty-four (24) hour urgent contact phone numbers. All Contractors must participate in the urgent work rotation, which will be equally divided among the awarded Contractors. The annual schedule will be developed at a meeting with all awarded Contractors at the beginning of the contract term, and annually thereafter. The contract administrator or designee will manage and maintain rotation schedules on a basis that ensures a relatively even distribution of the work. Urgent requests must be acknowledged and on site with a County designee within twenty-four (24) hours to evaluate the iob, crews and equipment. Contractor must provide a Time and Materials Not to Exceed (T&M NTE) quote within 24 hours of the visit and also provide a schedule to complete required repairs. If maintenance of traffic (MOT) is needed, the contractor shall have three (3) hours from the quote submittal to set up MOT. The County may require the Contractor to secure work area via a temporary repair. Should a Contractor fail to respond to an urgent call the next Contractor in rotation shall be contacted. Anv failure to provide coverage by a Contractor, may be subiect to termination. Change 11: 11. INVOICES: The Contractor will be compensated for time and material not to exceed (T&M NTE) work or lump sum as - applicable, including material and specialty equipment markup. Markup for subcontractors shall not excee 44%, All T&N! NTE work assignments will utilize a fee schedule. Fee schedule rates will be negotiated with the awafded GOPAfaeter-s a -Rd will be added to the eepAfaet fer- utilization. For- all T-&N4 NTE wof4E, CofAfaetor-(s) Aneillafy ehafges may be tfansfeffed to the Cotn+ty in the aetual amount; however-, mar4 ups will not be allowed. Mafk ups will not be allowed on sales tax, eonsumer- fees or- twEes, use and other- similar ta*es or- fees associated with any work under- the r-esultant contract. All T&M NTE work assignments will utilize a fee schedule for labor/parts/equipment. Fee schedule rates, which are subiect to additions or deletions, will be negotiated with the awarded Contractors and will be added to the contract for utilization. For all T&M NTE work, Contractor(s) shall be required to provide backup documentation of Contractor's time and proof of the subcontractor services and/or parts/materials/supplies/equipment by providing invoices and receipts at the time of invoice submission. Ancillary charges may be transferred to the County in the actual amount, mark-ups will not be allowed. Mark-ups will not be allowed on sales tax. Awarded Contractors agree to the following, as it pertains to markups and labor rates on T&M NTE work: 1. The mark-up on rental equipment shall not exceed 10%. 2. The mark-up on materials shall not exceed 10%. 3. The mark-up on subcontractors shall not exceed 15%. A copy of the Subcontractor invoice must be provided. 4. The labor rates provided by the Contractor are to be fully burdened to include overhead, insurance, profit and use of company owned small tools and equipment. Change 12: 12. PRICE RATE INCREASES: The Contractor may request a rate increase annually (Three hundred sixty-five (365) calendar days from agreement commencement month/day). Retroactive price adiustments are not authorized. 1. Submit pr-iee r-a4e iner-ease feEraests in writing via email to the Division GefAraet Adfninistfa4er- thifty (30) days before the eentfaet r-enewal tei:fn for- eensider-ation. Pr-iee iner-ease re"ests feview may take e thit4y (30) days to eemplete. S4mit r-a4e inefease r-e"ests in writing via email to the Division GefAfaet ests ro a may takeever- thirty «m days to , plete. Submit rate increase requests in writing via email to the Division Contract Administrator for consideration. Rate increase requests review and approval may take up to thirty (30) days to complete 2. The Contractor shall provide supporting documentation justifying price increases (examples: supplier material agreements, proof of fuel increases, etc.). 3. The Contract Administrator shall conduct a price rate analysis to determine price increases are fair and reasonable. One of the following methods may be price Gem -petition - (re -vie -wing othecompetitive bids or offers), market prices, historical prices, prior- competitions, or independent estimates * 4. During the review process, the Contractor shall continue to fill all purchase orders received at the current contract prices. 5. The Procurement Director has the authority to approve or deny rate increases. „rice adjustments that are 44eef, ( 50%) ,.ereent or bete .,P+ic-eing fifleen ( 50%) .moo-eea4 will r-eqoir-eappr-eval by 6. Pr-iee Rate increase requests are not guaranteed. If approved, the Contract Administrator or designee will notify the Contractor in writing with the effective date of any approved price increases. Change 13: 1. Cover Letter / Management Summary 5 Points 2. Business Plan 25-Pei 3. Peet aoh and Under -standing 35Points 4. E*periefiee and Specialized Expei4iseofToam :4embers 35 pe Evaluation Criteria 5. Cover Letter / Management Summary 5 Points 6. Business Plan and Approach 25 Points 7. Experience and Capacity of the Firm 35 Points 8. Specialize Expertise of Team Members 35 Points Change 14: EVALUATION CRITERIA NO. 2: BUSINESS PLAN AND APPROACH (25 Total Points Available/10 Page Limitation) In this criteria, include but not limited to: Describe how vour companv typically prioritizes proiects when multiple reauests are coming in at the same time. • Provide a detailed plan of approach for a proiect that exceeds two hundred thousand dollars ($200,000). • Provide a sample schedule, with milestones for a proiect that exceeds two hundred thousand dollars ($200,000). • Include with the Business Plan or as an attachment, a copy of a Proiect Summary as an example of work product. This should be for one of the proiects listed as a reference. Change 15: at the same time. Provide a detailed plan of approach for- a project that exceeds two hundred thousand dollars ($200,000). EVALUATION CRITERIA NO. 3: EXPERIENCE AND CAPACITY OF THE FIRM (35 Total Points Available) In this criterion, include but not limited to: Provide information that documents vour firm's to produce the reauired deliverables including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. • Describe the various team members' successful experience in working with one another on previous proiects. • Provide proof that your company is licensed as a General Contractor or Marine Specialty Contractor license in the State of Florida. • Provide a list of existing equipment owned by the contractor to deliver the services under this contract The County requests that the vendor submits no fewer than five (5) and no more than ten (10 com leted reference forms From clients (durinp the last 5 ears whose proiects are of a similar nature to this solicitation as a part of their nronosal. Provide information on the proiects completed by the Proposer that best represent ro'ects of similar size scone and complexitV of this project using Form 5 provided. Proposers may include two (2) additional napes for each ro'ect to illustrate aspects of the completed ro'ect that provides the information to assess the ex erience of the Pro oser on relevant proFect work. Change 16: W9 W-9 rr!rrr"r-I'M RNA .. - ........ OR EVALUATION CRITERIA NO. 4: SPECIALIZED EXPERTISE OF TEAM MEMBERS (35 Total Points Available) In this criteria, include but not limited to: Description of the proposed contract team and the role to be played by each member of the team. Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. If you require additional information please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solici on. (Signature) ..KellyBMtbeL§. Inc. (Name of Firm) 6116/2021 Date OIL cauvity AdmihW ative Services Division Procurement Services Date: 6?3/2021 Email: Patrick.Boyle@colliercountyfl.gov Telephone: 239-252-8941 Addendum 2 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum 2 for 21-7885 Beach Maintenance Related Activities The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1: I, Rate increase requests are not guaranteed. If approved, the Contract Administrator will notify the Contractor in writing with the effective date of any approved rate increases and in accordance Procurement Ordinance, as amended. If you require additional information please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) — Dane Kelly, President Kelly Brothers. Inc. (Name of Firm) 6/16/2021 Date win COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION FOR QUALIFICATION (IFQ) BEACH MAINTENANCE RELATED ACTIVITIES SOLICITATION NO: 21-7885 isast�r F-3ecove,r E TAB I Cover Letter/ Management Summary Dis,cast�r recover' r s Disaster Recovery 2323 South Babcock Street •Melbourne, FL 32901 • 407.891.8005 www.tsidisaster.com June 15. 2021 Deborah McCormick, Procurement Strategist Collier County Procurement Services Division 3295 Tamiami Trail East, BLDG C-2, Naples, FL 34112 Re: IFQ #21-7885 BEACH MAINTENANCE RELATED ACTIVITIES EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY Dear Ms. McCormick, Thank you for the opportunity to respond to this IFQ for Beach Maintenance Related Activities for Collier County. TSI Disaster Recovery, LLC is a multidiscipline company who is skilled at managing marine construction projects from design concept to final installation. Our team is capable of handling the administrative, design, and construction aspects of marine projects with the added benefit of working with a single entity to complete a project that exceeds all expectations. We self -perform as much work as possible which limits our subcontractors to those necessary for utility installation such as electrical and plumbing. The managing staff has the ability to foresee difficult situations and take action to prevent negative impacts to the public, local homeowners, or vulnerable environmental areas. Should issues arise during any step in the process, we communicate openly and quickly with the client to guarantee no time or money lost. TSI employs highly skilled personnel with extensive experience in all forms and stages of marine construction. Our staff has experience working in both upland and marine environmentally sensitive areas, including areas with protected wildlife provisions. Our staff undergoes weekly safety talks and training. We encourage and support our staff in achieving various licenses and certifications which directly benefit their position with the company as well as benefiting TSI itself. To encourage maintenance of the licenses and certifications, we also support appropriate continuing education. Most of our employees are cross trained in multiple skills to prevent project delays. Our administrative team includes an office staff dedicated to reporting, billing, and permitting. Our design team has 40+ combined years of experience in the marine construction field and includes our Project Engineer and Managing Members. Our field work team includes the Project Engineer, a Managing Member, and a foreman to ensure that no aspects of a job are overlooked. Our Project Engineer specializes in marine structures and has extensive experience with design, inspection, installation, and construction oversight. Our construction crews are managed by Project Supervisors and foreman and are known forgoing above and beyond to make clients, adjacent residents, and anyone else involved, comfortable with the work being conducted. We also have on -staff mechanics who support our construction equipment fleet. TSI maintains a fleet of appropriate equipment to ensure the project is completed as efficiently as possible. We own and operate a full line of land -based construction equipment which offers a variety of options while maintaining minimal impact. We also own and operate a vast array of marine vessels including long boats, work boats, shallow draft barges, and modular barges. In addition, we own several all -terrain walking excavators, as well as unique support equipment such as conveyors and composite construction mats, that help us work in difficult situations and minimize impact on the environment and surrounding area. We have the ability to implement and build ideas from concept to reality resulting in the addition of many custom -designed specialty equipment pieces. We are even capable of providing project site security by proving a small trailer for security to stay in overnight as well as light towers to discourage trespassing, theft, or damages to material or equipment. TSI appreciates modern technology and integrates it into all operations. We use a complete GPS system with a Trimble R10 GNSS and TSC3 handheld controller. In the office, we utilize AutoCAD Civil 3D 2019 to process data and create design plans. We also have a self - developed internal web -based reporting system that allows all supervisors to submit a summary of work performed each day, planning for the next day, as well as exemplary recognition for employees. These daily reports allow management to review each day's progress and ensure the job continues on schedule. In the field, our foremen are equipped with Pads and Phones that are connected to the TSI database, have custom TSI-designed apps installed for increased communication, as well as photo and video streams for collaborative use. The foremen also utilize a GIS application to share linework and other project specific details immediately. For large-scale projects, we often film job sites with our own aerial photography equipment to obtain useful images and video of project progress and overview. We have carefully reviewed the requirements and are confident that our organization is a fantastic In for your needs as we have worked extensively in every point of your required scope of work. We feel confident that we will be able to provide Collier County with efficient, dependable, and trustworthy services. We are ready to take on the challenges and look forward to working with you all. If you have any questions or would like additional information, please don't hesitate to contact me. We acknowledge receipt of Addendum #1 dated May 26,2021 and Addendum #2 dated June 3, 2021. The following individuals, together or individually, are authorized to sign and negotiate on behalf of TSI Disaster Recovery, LLC. Henry W. Elmore, Managing Member Robert Tyson, Managing Member Thank you, Henry Elmore Hen rv(a,)tsidisaster.com 407460-0610 RobertCo�.tsidisaster.com 407-460-0395 ��. ,ems v� � •..,..�..��;;:�..�.�� __ '.001-1 TAB 2 Business Plan and Approach D isastL::� r recover' T S Disaster Recover / 2323 South Babcock Street • Melbourne, FL 32901 • 407.891.8005 www.tsidisaster.com EVALUATION CRITERIA NO. 2: BUSINESS PLAN AND APPROACH TSI Disaster Recovery, LLC is a Certified Florida General Contractor with a Florida Licensed Professional Engineer on staff. TSI has been serving Central and Southwest Florida since our incorporation in 2008. Our company is skilled at design -build and construction with a focus on marine and environmental based projects. The Managing Members of TSI have been working in Florida's waterways, wetlands, residential communities, canals, lakes, beaches, and recreational parks since Hurricane Andrew in 1992. Our Professional Engineer has been focusing on marine engineering in Florida since 2003. As a contractor, we pride ourselves on being an industry leader excelling in complex, unique, and challenging projects. We offer flexibility in our capacity to mobilize equipment and personnel 24 hours a day, 7 days a week. As a consultant, our creative and alternative approaches in planning and technique have allowed us to exceed expectations for clients. We pride ourselves on staying current with the latest methodologies and associated technology. We perform a wide scope of context sensitive design services customized for the precise needs of each client. Our company is capable of providing a unique approach to projects that exceeds expectation with an emphasis on open communication, attention to detail, and technical expertise. Our administrative office is located in Melbourne and our construction equipment yard is located in Labelle. The work outlined in this IFQ will be managed out of our Labelle yard. We have approximately 16 employees operating out of this yard (19 employees total), including heavy equipment operators, boat captains, CDL drivers, foreman, laborers, and two full-time mechanics. This is beneficial because we own and operate a fleet of appropriate land -based and marine -based vessels and equipment to ensure we can handle any project as efficiently as possible. TSI also maintains several unique pieces of equipment that allow us to work within environmentally sensitive areas and access difficult locations. Between our equipment and personnel, TSI is well equipped and experienced to handle the proposed scope of work. Our truck drivers, Project Engineer, Project Supervisors, and crews live local to Southwest Florida and are always on -call for our contracts. We own our equipment yard in Labelle and therefore have access to everything we need 24 hours a day, 7 days a week. We have a wide-ranging skillset earned through decades of experience and depth of knowledge in the environmental and marine industry. The philosophy here at TSI is simple: to exceed our clients' expectations and be worthy of their positive reference throughout all phases of a project. We work hard to earn our clients' word-of-mouth and written recommendations. This is a driving factor in our business model, as our clients recommend us to their associates and neighbors. This reputation has drawn the attention of private entities, public services, and bonding companies — many of which engage TSI's services when another contractor defaults. This has helped us achieve our A+ rating from the Better Business Bureau. We strive to impress every client and fulfill contracts with excellent craftsmanship and integrity. At TSI, we understand that a high -quality project begins with the individuals assigned to manage the tasks and the close working relationships amongst those individuals. Errors are the main reason why projects fail, and a strong QA/QC program helps identify and prevent those errors. We understand that quality control is a process that must be implemented immediately and must be well-defined to all involved. We feel that quality control must become a living effort throughout all aspects of a project and throughout all members of the team. This necessity plays a major role in our selection of companies for teaming ventures and subcontracting work. TSI has successfully managed multiple contracts consistently since beginning construction work in 2008. Our ability to handle the anticipated workload from this contract as well as our other non -Collier County projects has been well thought though and proven efficient by our similar past projects, contracts, and positive references. When dealing with multiple requests, priority is always put on emergency work which is necessary for disaster recovery, which may be life -threatening, or which has the potential for loss of property. For non -emergency work, we consider the project completion timeframe and typically push through the shorter timeframe jobs as fast as possible with full effort, while working at a reduced rate on the longer timeframe jobs until the manpower or equipment become available. Also considered is material ordering time. We may be able to place a material order and complete multiple other jobs while waiting for materials to be delivered for another job. Another item we consider for prioritizing work is the availability of permits and the need for additional permits. Many jobs involve delays due to permitting agency review windows. We track this time and make sure we push those jobs when we can while filling in the delay time with active construction work. Over the years we have established a seamless management plan based upon cross training our crew members. This allows us to shift people around to accommodate emergency, permitting, design, logistics and consulting services while still serving any active construction contracts. We have also acquired an extensive collection of equipment with numerous duplicates which allow us to respond to multiple contracts requiring the same equipment. By purchasing our own equipment, we are not limited by rental companies' timeframes and available equipment. Over the recent years, we have excelled at working under a multi -response framework while continuing to produce fast and efficient results. As a precaution, our multidisciplined team offers overlapping and intersecting talents which prevents delays and provide a built-in checks and balance system. While we strive to self -perform as many services as possible, we realize the need for specialty contractors is always a possibility. We anticipate requiring subcontracts mostly for such services as planting services and professional surveying services. Whenever possible, we request multiple proposals from companies that we have previously vetted and interviewed to guarantee the best price for our clients. Services will be assigned to the most talented company capable of providing the highest quality for the best price. We work closely with our subcontractors when they are involved to take into consideration their scheduling milestones such as specialty permits, material ordering, equipment mobilization, and design needs. As a company, we come together on a weekly basis for a conference call to discuss the planning needs for the week. These consistent calls allow us to stay on top of scheduling and future project projections. It also allows us to make adjustments to manpower and equipment as soon as possible. Should our scheduling and project planning show that we will be in need of additional employees, we will immediately reach out to the local community through community organizations, local media, and even social media. We will also consider local staffing agencies as we have established strong relationships with select agencies over the years. One of our office staff is assigned to manage this work as a priority until it is resolved. To this day, we have successfully managed our staffing needs with this program and have been able to continue our goal of self -performing as much work as possible. As a final back up, we have also established relationships with competing companies and have developed a trust in their integrity and workmanship. We would subcontract a portion of the work to one of those companies before the project ever suffers from a lack of manpower. TSI evaluates each beach maintenance project individually because the scope of possible services required is vast. There is no one approach that can be applied to all potential jobs, but we generally follow the subsequent outline for projects exceeding $200,000. Some steps may be applicable in all case while some steps may only apply to unique circumstances. As a design -build company, our project approach is unique and streamlined. It will vary based upon who will be involved in the project team, such as other engineers, architects, surveyors, and/or other contractors. It will also vary based upon permitting, if there is an existing design created, or if we will be contributing to the design. Typically, the process is started by first meeting with the project team to discuss and fully understand the existing conditions and the anticipated scope of work. This is achieved through a series of meetings conducted both in the office and in the field. During these meetings, we will discuss the overall goal and purpose of the project. We will identify individuals, groups, and agencies that will have a role in the proposed work. We will discuss specific areas of concern and areas of special interest. We will review any available surveys and reports relating to the proposed work. We will also discuss existing conditions and how the seasonal changes will affect the project site and construction. Once the purpose of the project and the existing site are fully identified and understood, we then begin to discuss and/or create the proposed design. Included in this process is the client and any consultants who may be involved. We strive to listen to the consultants and the client to ensure that we are clear about their vision. We ask questions relevant to the initial design and methodology. Through this process we like to discuss and make recommendations addressing the engineering, risk assessment, and constructability of the proposed plan. Our recommendations endeavor to develop the current design into a product that is in the best interest of all parties and the environment. We will work through our recommendations with any consultants and the client to modify the design into something that will not only function efficiently but will also be cost efficient to construct. We feel that this open communication makes the most efficient use of the time and effort already put into the project. Once this preliminary design is completed, we move into the permitting phase of the project. We can be as involved as needed in the federal, state, and/or local permitting activities. Our company has experience in permit package development, application processing, and communication with the various agencies involved in beach and marine projects in Florida. We are familiar with the timelines associated with Requests for Additional Information and other application processing milestones. If a consultant is involved, we will work with them to acquire the necessary supporting documents and respond to the permitting agencies as needed. Often times, the permitting phase involves negotiations with the governing agencies over project design, resulting in the proposed plan being updated and finalized before moving into the construction phase. The next step is to establish a budget based upon the final plan revisions. This will be the price to construct the permitted plan. This price will include the construction management as well as the cost to complete the work. Its purpose is to provide the client with a solid number for budgeting. TSI will work with the client to review available funding and assess alternative funding methods. TSI will also discuss the benefits and savings to a variety of construction options. Based upon the most economical package, we will create an anticipated construction schedule including timelines for all components of the construction phase. To start the construction phase, we will conduct meetings with the client, any consultants, TSI supervisors, TSI crew, and any subcontractors to discuss the construction methodology and implementing the design. We will identify the persons responsible from each entity and create a contact list. We will establish reporting and meeting requirements necessary to keep all parties informed of progress and any potential issues. We will identify the critical path to accomplish the job. We will create a schedule that will make the project flow smoothly and avoid obstructive interferences. At this point, we will conduct material quantity takeoffs, including erosion control supplies, and order materials. We are fortunate to have built long standing relationships with our suppliers, so we benefit from quick ordering and delivering of various materials. Once the materials are ordered, we then set up the scheduling for the equipment, supplies, and employees. Next, we set up and secure the staging areas and access locations as necessary. We deliver any trailers or onsite storage facilities necessary for our work scope. We make a plan for demolition and disposal of any existing materials that must be removed prior to construction. We will then mobilize our equipment, install erosion control measures, and prepare for the start of construction. Throughout all phases of construction, TSI works to ensure that the project goals are being met in a timely manner. We typically have the Project Engineer and administrative staff assigned to the project, along with the supervisor and crew. The administrative staff member will be responsible for record keeping, report writing, maintaining project documents, and assisting the Project Engineer with other office related tasks. The Project Engineer will oversee the supervisor and crew and manage the overall project. The Project Engineer is also responsible for resolving any issues and facilitating solutions. Our Project Engineer and Managing Members make regular site visits to assure our crew is on schedule and producing a quality product. They also monitor progress and confirm compliance with permits, contracts, plans, and specifications. If required, we will conduct meetings with the client and any consultants. Once construction is substantially complete, we work with the client and consultants to assemble a living punchlist that will be updated throughout the course of final completion. Upon final completion, we conduct a post -construction walkthrough to ensure that the punchlist is complete and that the project is ready for closeout. Once the project is approved for closeout, we demobilize from the site and complete the final site restoration. Based upon our project approach, the following sample schedule will be applied and completed as necessary for the anticipated scope of work of projects that exceed $200,000. Completion timeframes for each step will vary based upon project size, location, scope, and scheduling of consultants, clients, and inspectors. Activi Name Durations in Business Da s Startup client meetings and project review 2-5 Existing conditions review 5 overlapping with startup work Preliminary design work and field work 10 depending upon consultant Permitting 3M0 depending on permitting requirements Finalization of design based on permit results 10 depending upon consultant Project budgeting and estimating 2-5 Preconstruction meeting 1 Material takeoffs and ordering 30++ depending on material availability Establish staging areas and other mobilization concerns 5-10 depending on project scope and location Installation of turbidity controls 2-5 Mobilization 2-5 depending on amount of equipment needed Demolition if required 2A5 depending on structures to be removed Disposal of demolition debris if required 2-10 depending on volume of demolition material Delivery of materials 5 depending on amount and size of material Construction of project components in a logical order 5++ depending on project scope Substantial completion 1 Punchlist creation and completion 5 depending upon consultant and inspectors Final completion 1 Postconstruction walkthrou h and closeout 1+ depending on project size Site restoration as needed 1+ depending on impacted area Demobilization 2-5 depending on amount of equipment needed In summary, the proposed beach maintenance services are very familiar to our company. We have a collection of past projects, team resumes, and letters of reference which will support our capabilities and interests. We feel confident that we will be able to provide Collier County with efficient, dependable, and trustworthy construction services. Example Project Summar Primary Nature of Service Provided: The scope of work includes the restoration of a former commercial marina site, referred to as Mercabo, by improving water quality, increasing tidal flushing of dead-end basins, and creating wetland and intertidal habitat for benthic and sessile organisms along the new shorelines. Geographic Location: 14050 Gasparilla Rd, Placida, FL 33946 Client: Gasparilla Island Conservation & Improvement Association, Inc. (GICIA) Customer Reference Name: Misty Nichols, Executive Director Reference Phone Number: 941-964-2667 (office) Email Address: gicia@embargmail.com Year(s) Project performed: March 2020 to December 2020 Project Total: $954,375.18 Description of Project: The project site is the location of a former commercial marina and testing facility that was purchased by GICIA for the purpose of restoration and conservation. It is a very high - profile conservation project funded through donations and numerous financial supporters who want to prevent more commercial development in the area. The work included the selective demolition and modification of the existing seawalls from the former marina to create multiple habitat zones for both upland and marine species. It also included bringing in suitable fill material to level out the basin bottom to an elevation desirable for habitat development. Once the basin bottom was leveled out and the seawalls partially demolished, recycled reinforced concrete pipe, locally sourced limestone boulders, and Reef Balls were arranged around the basin and new created shorelines. The structures were then planted with mangroves, cordgrass, salt grass, buttonwoods and other suitable vegetation to create multiple living shorelines. The project also included the installation of seagrass planting areas in an effort to encourage seagrass to grow in the modified basin. Finally, the project included the creation of a flushing channel to increase tidal flow and water quality in the previous dead-end basin. A vehicular designed lumber bridge was installed across the flushing channel to allow for site maintenance and access for the investors and visitors. The restoration work was started from the upland using a large excavator, loader, and walking excavator called a Menzi Muck. Hand tools were used to cut the seawalls and make necessary repairs to the old seawall joints and other concrete structures that were to remain. The Menzi and the excavator were used to place the recycled demolition debris, reinforced concrete pipe, boulders, and Reef Balls around the basin and along the newly created shorelines. They were also used to grade the required slopes and excavate the flushing channel. To restore the basin elevation, a 65,000 lb excavator mounted on a 60'x40' Poseidon sectional barge with 40' long spuds operated by a two - spool hydraulic spud winch was brought to the site. The barge -mounted excavator was pushed with a 26' tugboat. The barge mounted excavator was used to place the fill material and grade the material to create the design template suitable for encouraging site restoration. The barge -mounted excavator was also used to install the large pipes and to access the restoration areas that could not be installed from shore. Due to the high -profile nature of the project, best management practices were strictly enforced to prevent any turbidity and erosion that would affect the surrounding natural habitat and marine animals. TAB 3 Experience and Capcity of Firm rsi.. Disaster Recovery 2323 South Babcock Street •Melbourne, FL 32901 407.891.8005 www.tsidisaster.com EVALUATION CRITERIA N0.3: EXPERIENCE AND CAPACITY OF THE FIRM • Provide information that documents your firm's qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. Response: TSI Disaster Recovery, LLC is a Certified Florida General Contractor with a Florida Licensed Professional Engineer on staff. TSI has been serving Central and Southwest Florida since our incorporation in 2008. Our company is skilled at design -build and construction with a focus on marine and environmental based projects. The Managing Members of TSI have been working in Florida's waterways, wetlands, residential communities, canals, lakes, beaches, and recreational parks since Hurricane Andrew in 1992. Our Professional Engineer has been focusing on marine engineering in Florida since 2003. As a contractor, we pride ourselves on being an industry leader excelling in complex, unique, and challenging projects. We offer flexibility in our capacity to mobilize equipment and personnel 24 hours a day, 7 days a week. As a consultant, our creative and alternative approaches in planning and technique have allowed us to exceed expectations for clients. We pride ourselves on staying current with the latest methodologies and associated technology. We perform a wide scope of context sensitive design services customized for the precise needs of each client. Our company is capable of providing a unique approach to projects that exceeds expectation with an emphasis on open communication, attention to detail, and technical expertise. Our administrative office is located in Melbourne and our construction equipment yard is located in Labelle. The work outlined in this IFO will be managed out of our Labelle yard. We have approximately 16 employees operating out of this yard (19 employees total), including heavy equipment operators, boat captains, CDL drivers, foreman, laborers, and two full-time mechanics. This is beneficial because we own and operate a fleet of appropriate land -based and marine -based vessels and equipment to ensure we can handle any project as efficiently as possible. TSI also maintains several unique pieces of equipment that allow us to work within environmentally sensitive areas and access difficult locations. Between our equipment and personnel, TSI is well equipped and experienced to handle the proposed scope of work. Our truck drivers, Project Engineer, Project Supervisors, and crews live local to Southwest Florida and are always on -call for our contracts. We own our equipment yard in Labelle and therefore have access to everything we need 24 hours a day, 7 days a week. We have a wide-ranging skillset earned through decades of experience and depth of knowledge in the environmental and marine industry. Annual construction volume in dollars for the past 5 years: Year Construction Volume 2020 $6,422,000 2019 $6,798,000 2018 $7,2001000 2017 $9,0402000 2016 $7,730,000 Please refer to the attached letter from Centerstate Bank. • Describe the various team members' successful experience in working with one another on previous projects. Response: TSI is comprised of office staff, Managing Members, a Project Engineer, multiple Project Supervisors, equipment mechanics, and crew members/laborers. Many of our employees are also certified divers, licensed commercial truck drivers, stormwater inspectors, OSHA trained, hazardous material trained, pest control certified, FDOT MOT certified, and trained as surface miners through MSHA. The team members who make up the marine construction division which this scope of work falls under include Theresa Cauthen, P.E. — Professional Engineer, Stephen Lee — General Contractor and Project Supervisor, Leigh Elliott — Project Supervisor, Henry Elmore — Managing Member, Robert Tyson — Managing Member, and Amy Hartman — Administrative Manager. Theresa Cauthen provides the overall management and coordination of the marine group. She provides value engineering and design as well as construction oversite and documentation. Stephen Lee is the supervisor for projects involving dredging, derelict vessels, seawalls, docks, boat ramps, and other marine structures. Leigh Elliott is the supervisor for projects involving shoreline work such as riprap, concrete block matting, and cellular confinement systems as well as contributing to dredging and seawall projects. Amy Hartman manages the billing, record keeping, budget tracking, employee relations, and other project administrative needs. As the owners and Managing Members of TSI, Henry Elmore and Robert Tyson offer their expertise and experience to all projects performed by TSI. Henry especially works on quality control, safety, training, budgets, and finding solutions to complex challenges. Robert oversees all marine construction projects, with a special focus on beach maintenance, dredging, and shoreline stabilization, as well as managing project logistics, equipment maintenance and application, and custom equipment development for specialized project needs. Refer to Evaluation Criteria No. 4 for more information and resumes. One example of this team working together is a dredging project with shoreline restoration in Bradford County, FL on a river with residential homes adjacent to the work footprint. Theresa assisted the county's consulting engineering firm with dredge methodology and other responses during the permitting process. She also managed the project documentation. Henry and Robert contributed to the means and methods of dredge design and layout. They had to formulate an access plan that minimized impact and managed the very narrow access points. They also had to create a plan and design equipment to dredge out within existing culverts of unknown conditions. Stephen and Leigh provided onsite supervision with Stephen concentrating on the dredge work and Leigh concentrating on the shoreline restoration. This project had a very tight schedule due to funding sources, so Amy managed the work schedule, provided the reporting for the funding source, the specialized invoicing, and the accommodations for the crew members who were working out of town. • Provide proof that your company is licensed as a General Contractor or Marine Specialty Contractor in the State of Florida Response: Please refer to our current Florida General Contractor License and Florida Professional Engineer License. • The County requests that the vendor submits no fewer than five (5) and no more than ten (10) completed reference forms from clients (during the last 5 years) whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the Proposer that best represent projects of similar size, scope and complexity of this project using Form 5 provided. Proposers may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. Response: Please refer to our attached Reference Questionnaires and Related Projects. CenterState May 20, 2021 RE: TSI Disaster Recovery, LLC To Whom It May Concern: TSI Disaster Recovery, LLC has maintained accounts with the bank for over 13 years and are a valued customer of the bank. They have several deposit accounts with CenterState Bank, as well as three loan accounts that always perform as agreed. The company provides tax returns and financial statements annually as a condition of the line of credit. These financial statements were reviewed in April of 2021 and the line was reaffirmed. Please don't hesitate to call if further information is required. Sincerely, SauthState r. CentearState Phillip J. Copeland SVP, Relationship Manager NMLS 4806166 349 W Oak Street Kissimmee, FL 34741 Office 407-279-4178 Mobile 407-460-4977 CentedtateBank.com CenterStateBank.com p4 Ron DeSantis, Governor Halsey Beshears, Secretary �.. adbpr STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER'489, FLORIDA STATUTES I ' LEE, STEPHEN D TSI DISASTER RECOVERY; LLC 2323 S. BABCOCK STREET MELBOURNE FL 32901 LICENSE NUNIBERh'CGC1520173 EXPIRATION DATE: AUGUST 31, 2022 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. STyV Ron DeSantis, Governor FBPE, FLORIDA BOARD OF STATE OF FLORIDA �R�L Rn�EERs BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES CAUTHEN, THERESA FAY 131 SE 31ST TERRACE CAPE CORAL FL 33904 l� LICENSE NUMBER PE81373' EXPIRATION DATE: FEBRUARY 28, 2023 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. TSI Disaster Recovery Available Equipment TSI has the ability to respond to emergencies immediately. Our staff has been in the disaster recovery industry for a quarter of a century and has the capacity to mobilize on site before the incident occurs. On various contracts over the years, the TSI staff has removed downed trees during overnight storms to open roadways on an emergency basis and moved derelict vessels that have drifted into navigable waterways creating an extremely dangerous situation for boaters. Our Project Managers are on call 24/7, ready to handle whatever situation arises. (1) Caroline Skiff 24' 150hp for surveying/crew transport (1) Sea Ark 20' 90hp for surveying/crew transport (1) Sea Pro 25' 300hp for surveying/crew transport/towing (3) Sea Ark 24' 135hp 8,OOOIb winches for recovery/towing/debris removal (6) Poseidon Barges spud winch, spuds for working equipment platforms for large excavator, cranes, etc. (6) Poseidon Barges P1 — 40 X 10 X 5 for canal work. (1) 48' Steel Vessel 375 Diesel inboard for material/debris transport (3) 2Z steel push boats 300hp for towing/barge tugs (1) 32' Aluminum Seal push boat, 300 HP engine. (5) Menzi Muck spyder walking excavators — with attachments A91 4 X 4 M540 A91 Plus (16) 2,OOO1b lift bags for shallow water car/vessel recovery (8) 100,0001b lift bags deep water for heavy recovery Commercial dive gear including diver -to -diver and diverAo-vessel communication (3) Peterbuilt tractors (3) Lowboy trailers (3) Barge roll -off transporters (2) 45,OOO1b cranes (1) International truck rolloff 5 Conex boxes Numerous F250IF350 crew trucks All vessels/equipment/vehicles contain first aid kits. Fire extinguishers and chemical spill containment kits Kobelco SK210LC Excavator Kobelco 2010 S#7007 Excavator (obelco SK250 LC Excavator Kubota KX121-3 Mini Excavator IH155 Excavator (2) Bobcat Mini Excavator (2) Hydraulic Hammer for Excavator 1999 Komatsu 250 Loader Komatsu WA200-LY Bobcat Conversion Attachment Rake Bucket JCB 506C T-Scope w/lift Forklift (2) JCB Forklift 520 509 Forklift/T Handler 2007 Bobcat 4x4 Utility Vehicle (3) Kubota Utility Vehicle 640eel Low LGP Gator (3) Crew Side -by -Side Gradall G3WD Koring Gradall CAT CB-214C Roller Warrior 1800 Extec Screening Plant (2) Husgvarna K750 Cutoff Saw K2500 Husqvarna Floor Saw K40 Ring Saw Partner Concrete Mixer Underwater/Scuba Equipment Light Towers Trash Pumps Link Belt Crane Bobcat T770 T190 Bobcat Compact Load Komatsu D31 P-20 Dozer JD 650 Dozer JD 450 Dozer Powerscreen 400 Jaw Crusher on Tracks Sany 60ft Excavator Water Wagon Sweeper, Wacker Tamp Newman Wacker Linkbelt Conveyor Godwin Pump/Zylem Dewatering Pump Piranha Pump/Dredge Model PS-165 Compressors Generators Hydraulic Clamp Bucket Shop Tools — Clemmons CSJ-JM59 Sprayer Rig for Grout Air Motor Assembly Vermeer Chipper Plate Compactor (4) Tom 2-3 Yard Swivel Dumper Forks for Skidsteers Grove Crane Hardwood Mats (12x4x20) (90) Composite Mats (4.25x8x14) Walk on Barge Mats Welder — Miller Big 40 Air tools and box 9' HYD Stacking Rake Plate Compactor (11) Conveyors 6" Pumps Chipper Dumpsters Doosan 225 Excavator w/hydraulic thumb Doosan 350 Excavator w/hydraulic thumb Doosan 3CY Loader w/grapple 2004 Komatsu WA320-S Takeuchi TL 150 Compact T Loader Bobcat 7757 Bobcat T190 45'x24" Conveyor Conveyor Trailer Dawson EMV-450 Piledriver Single Axle Military Trailer 53' Utility Trailer Kaufman Trailer 2006 Gens Trailer Triple Axel Trailer Dump Trailer Tropic Trailer 6x10 Utility Trailer Equipment Trailer 1999 53' Haulin Trailer 1998 Haulin Trailer MOT Road Sign Trailer Army Tank Trailer Aluminum Communication Trailer co�,� co,~ncy Adminis7ative SeMces Deparhnent Procurement SeMces Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REOU/RED REFERENCE/ Solicitation:121-7885 Beach Maintenance Related Activities R_e_ference Questionnaire for: ` ! TSI Disaster Recovery, LLC (Name of Company Requesting Reference Information) Henry W. Elmore & Robert M Tyson, Managing Members of TSI Name: Misty Nichols (Evaluator completing reference questionnaire) Email: thegicia@gmail.com Company: GICIA, Inc (Evaluator's Company completing reference) 941-964-2667 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed ih the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 1Q with 10 representing that you were very satisifed (and would hhe the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). Ifyou do not have sufficientknowledge ofpast performance in a particular area, leave it blank and the item or form will be scored "0:' Project Description: Mercabo Environmental Restoration Completion Date: 12/2020 Project Budget: 954,375.00 Project Number of Days: 240 Item Criteria Score must be com leted 1 Abllity to manage the project costs (minimize change orders to scope). 9 2 Ability to maintain project schedule (complete on -time or early). 9 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) ] 0 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 9 9 Ability to follow contract documents, policies, procedures,. rules, regulations, etc. � 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS **"lJPDATED dANUARY 28, 2020*** Mercabo Environmental Restoration — Placida. FL Dates: March 2020 to December 2020 Price: $805,630.18 with the option for additional work Client: Gasparilla Island Conservation & Improvement Association, Inc. Misty Nichols, Executive Director 941-964-2667 (office) Location: 14050 Gasparilla Rd, Placida, FL 33946 The project site is the location of a former commercial marina and testing facility that was purchased by GICIA for the purpose of restoration and conservation. It is a very high -profile conservation project funded through donations and numerous financial supporters who want to prevent more commercial development in the area. The work includes the selective demolition and modification of the existing seawalls to create multiple habitat zones for both upland and marine species. It also includes bringing in fill material to level out the basin bottom to an elevation desirable for habitat development. Once the basin bottom is leveled out and seawalls partially demolished, recycled RCP, locally sourced limestone boulders, and Reef Balls will be arranged around the basin and side slopes. The structures will then be planted with mangroves, cordgrass, salt grass, buttonwoods and other suitable vegetation to create multiple living shorelines. The project also includes the installation of a seagrass planting area in an effort to encourage seagrass to grow in the modified basin. Finally, the project includes the creation of a flushing channel to increase tidal flow and water quality in a dead-end basin. Across the flushing channel will be a vehicular designed lumber bridge to allow for site maintenance and visitors. The restoration work was started from the upland using a large excavator, loader, and walking excavator called a Menzi Muck. Hand tools were used to cut the seawalls and make necessary repairs to the old seawall joints. The Menzi and excavator were used to place the recycled demolition debris, RCP, boulders, and Reef Balls around the basin. They were also used to grade the required slopes and excavate the flushing channel. To restore the basin elevation, a 65,000 lb excavator mounted on a 601x40' Poseidon sectional barge with 40' long spuds operated by a two -spool hydraulic spud winch was brought to the site. The barge -mounted excavator was pushed with a 26' tugboat. The barge mounted excavator was used to place the fill material, to install the large pipes, and to access the restoration areas that could not be installed from shore. Due to the high -profile nature of the project, best management practices were strictly enforced to prevent any turbidity and erosion that would affect the surrounding natural habitat and marine animals. CO� le'r County Administrative Services Department Proctvement $e(via s Division Form 5 Reference Queationnalre (USE ONE FORM rOR rACl/ REQUIRED RErERrWlj) Reference Questionnaire for: TSI Disaster Recovery, LLC (Name of Contpauy Requesting Reference Information) �nry W. Elmore & Robert M Tyson, Managing Members of TSI (Name of Individuals Requesting Reference Information) Name: Mike McGarry (Evaluator completing reference questionnaire) • MIke.Mcgarry@brevard8.gov tural Corn an Brevard County, NaResources P Y� Management Department (Evaluator's Company completing reference) FAX: Tclepltoitc; 321-372-5194 Collier County has implemented a process that collects reference infarnatlon on firms end their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firm/indivddual again). Ifyou do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Berm Restoration Completion Date: 2017,2019,2021 Bud ProJ g ect et, 71126;297 Zt 5 7�t 7 /✓ ! 'D Project Number of Days: Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). Q 2 Ability to maintain project schedule (complete on -time or early). / 1 lJ 3 Quality of work. 4 Quality of consultative advice provided on the project. Qi 5 Professionalism and ability to manage personnel. C 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) "Il 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. Q 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. U 10 Overall comfort level with hiring the company in the future (customer satisfaction). I lJ TOTAL SCORE OF ALL ITEMS TSI did not hold a contract directly with Brevard County, but served as the primary subcontractor working under a separate firm's contract. TSI was the local firm who handled all the on the ground logistics, sand sourcing, equipment and labor to get the work accomplished successfully. Good performance by TSI led Brevard to be comfortable initiating change -orders to place additional sand at our request. »«*UPDATED JANUARY 28, 2020*** Emergency Berm Restoration, Hurricane Irma — Brevard County, FL Price: V,126,297 Date: 12/2017 — 612018, 10/2019-4/2020 & 12/2020-3/2021 Owner: Brevard County, FL Mike McGarry, Program Manager Natural Resources Management Department 2725 Judge Jamieson Way, A-219, Viera, FL 32940 321-372-5194 Prime: Southern Disaster Recovery Al McClaran, President 109 White Oak Road, Greenville, SC 29609 864-561-7797 TSI served as the subcontractor for the berm restoration and provided the onsite Project Manager and Project Superintendent. The berm restoration consisted of obtaining sand from a permitted upland sand source selected by the contractor that met all technical specifications. Contractor coordinated the transportation and placement of sand as per county specifications. The berms were constructed against the seaward toe of the existing dune bluff. The individ varied in length and volume an oceanfront project areas within the berms was 113,000 feet yards yards of material. The within two stretches of beach area stretch immediately between FDEP Monuments ual berms within the project d were constructed in multiple Brevard County. Total length totaled over 200,000 cubic locations and lengths were loc The first is 7.8 mile Mid Reac south of Patrick Air Force Base R75.4 and R118 (including the towns of Satellite Beach and Indian Harbour Beach) where approximately 155,93 I cubic yards of beach quality materials have been placed. The second area, the South Beaches, extends approximately 15 miles from R138 (near the northern limit of Spessard Holland Park) to R 213 (north end Sebastian Inlet State Park) where approximately 66,687 cubic yards have been placed. The slope of the seaward edge of the berm were at a 1 vertical to 4 horizontal. In areas of larger escarpments, a steeper upper slope of approximately 1:1.5 was constructed. Final berm volume and shape were determined on acase-by-basis. of Collier County Administrative Services Department Pro mn»nt SeNmsDw*= Form 5 Reference Questiomnaire l ISE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation:21-7885 Beach Reference Questionnaire for: TSI Disaster Recoverv. LLC (Name of Company Requesting Reference b ;nry W. Elmore & Robert M Tyson, B (Name of Individuals Requesting Reference Name: Andy Carrier (Evaluator completing reference questionnaire) .J Members of TSI Florida Department of Evironmental Protection, Com an Division of Recreation and Parks P Y: Bureau of Design and Construction (Evaluator's Company completing reference) 941 882-7201 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of t to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firn/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Redington Lond Pier Demolition Project Budget: 808,000.00 4/2021 Completion Date: Project Number of Days: 90 Item Criteria Score must be com leted I Ability to manage the project costs (minimize change orders to scope). 1 D 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. / 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product tumover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). �� Y TOTAL, SCORE OF ALL ITEMS """UPDATED JANUARY 28, 202Q""" Redington Long Pier and Bait House Demolition — Redington Shores, FL Dates: March 2020 to May 2020 Price: $589,000.00 Client: Florida Department of Environmental Protection Bureau of Design and Construction Andy Carrier, Construction Project Consultant II 941-882-7201 (office) Location: 17490 Gulf Blvd, Redington Shores, FL 33708 The Redington Long Pier on the Gulf of Mexico was approximately 1,033 LF in length and varied between 15 LF to 45 LF in width. The pier included fishing platforms with canopies as well a an overwater Bait House. The Bait House had both lead and asbestos containing products whic required coordination with a subcontractor for the removal prior to demolishing the building. The pi was primarily constructed from wood with a portic of the timber piling encased in concrete. The scope of work included the complete removal and disposal including the removal of the piling to a minimum of 3' below the beach grade. The pier was located in sensitive tidal and intertidal shoreline habitats with guidelines governing the construction methodology for potential impacts to manatees, sea turtles, smalltooth sawfish, and shore birds. Due to the pier's location on open water, the project site was exposed to storm events that required advanced planning and extensive debris controls. The project was of major interest for the community with extensive publicity. As a result, the work involved extensive public management. The demolition work was conducted with multiple equipment setups. The main pier demolition was conducted with a 65,000 lb excavator mounted on a 60'x40' Poseidon sectional barge with 40' long spuds operated by a two -spool hydraulic spud winch. The barge -mounted excavator was pushed with a 26' tugboat. The debris transport was performed with two 40'x20' push barges directed by a 31' push vessel and a 24' push vessel. Onshore was a walking excavator, or Menzi Muck, the was used to remove the debris from the push barges and perform the land based pier demolition. Collier County Administrative Services Depart rient Procurement Services Division Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) :nry Elmore and Robert Tyson, Managing Members of TSI (Name of Individuals Requesting Reference Information) Name: Justin D. McBride Company; West Coast Inland Navigation Disti•ict (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Collier County has implemented a process that collects reference infoanation on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and l representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Artificial ReefDeolovment/derelict Completion Date: Various vessel removal/shoreline stabilization Project Budget: Various Project Number of Days: Various Item Citeria Score I Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. to 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc, 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Additional comments: TSI Disaster recovery has performed multiple projects forme here at the West Coast Inland Navigation District and when I served in my capacity as Senior Project Manager at Lee County Division of Natural Resources Marine Division. On each project they have demonstrated proficiency and skill. If you require additional information, please contact me at the number or e-mail listed. **•UPDATED JANUARY 28,2020sss Snake Island Shoreline Stabilization - Venice. FL Price: $273,900 Date: December 2013 to March 2014 Owner: West Coast Inland Navigation District Jeff Devine, Assistant Director 200 East Miami Avenue, Venice, FL 34285 941-485-9402 Engineer: Brett D. Moore, P.E., 5679 Strand Court, Naples, FL 34110 239-594-2021 Snake Island is located within the flood shoal of Venice Inlet. It is subjected to strong inlet and tidal currents as well as boat wakes. These forces have caused it to erode at a very high rate for the last 20 years and in the last decade it shrank from six acres to less than one acre. TSI was tasked with stabilizing the island through the construction of erosion control structures and strategic installation of a combination of filter fabric and geogrid for foundation and embankment stabilization. Much of the work was conducted underwater and coordinated closely with surveying and inspection entities. The precise placement of the materials was achieved through unique stakeout methodology. The project was completed within a sensitive ecological environment and manatee habitat. TSI made special provisions so as to not disturb delicate archeological or ecological areas while conforming to FWC standard manatee construction conditions as well as best management practices for erosion and turbidity control. Derelict Vessel Removal Contract - Manatee. Sarasota. Charlotte & Lee Countv, FL Client Name: West Coast Inland Navigation District 200 East Miami Avenue, Venice FL 34285 Point of Contact: Justin McBride, Program Director Justin@wcind.com 941485-8394 Contract Dates: December 2016 to December 2019 with two 1-year renewals Contract Amount: $263,000 to date This contract includes the removal and proper disposal of derelict and abandoned vessels from within the waters of the District including Manatee, Sarasota, Charlotte, and Lee Counties. This contract includes the removal and proper disposal of derelict and abandoned vessels from within the waters and beaches of the district including Manatee, Sarasota, Charlotte, and Lee Counties. Collier County Administrative Services Depattinent Pr rsrn nt Services Division Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 21-7885 Collier County BEACH MAINTENANCE RELATED ACTIVITIES Reference Questionnaire for: (Name of Company Requesting Reference Information) Henry Ehnore and Robert Tyson, Managing Members of TSI (Name of Individuals Requesting Reference Information) Name: Lesli Ha, es (Evaluator completing reference questionnaire) Email: Company: Lee County Division of Natural Resources (Evaluator's Company completing reference) Collier County has implemented a process that collects reference informaion on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Removal of Derelict and Abandoned Completion Date: OnaoinQ Vessels in Lee County Project Budget: Specific to each bid Project Number of Days: Specific to each bid Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. t0 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) t0 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 +**UPDATED JANUARY 28,2020**+ Derelict vessel Removal Contract— Lee County, FL Client Name: Lee County Natural Resources 1500 Monroe St. Fort Myers, FL 33901 Point of Contact: Leslie Haynes, Sr. Environmental Specialist L Haynes(o)leegov.com Contract Dates: 2011 to Present Contract Amount: $964,137 TSI has removed derelict vessels for multiple agencies and has removed dozens of vessels for Lee County alone. Scope of Services Included: Underwater inspection of marine structures • Above -water inspection of marine structures • Dredging, removal, and disposal of underwater spoil and debris Derelict Vessel removal and storage Installation of Turbidity Measures and emergency spill response • Associated environmental permitting and survey services TSIVANk Disaster Recovery TSI Completed Projects 2012-2021 Job it and Preent Berna lion Owner ContraclAmount Date Cam Irate 100 City ofKissinwce Screen Plant City of Kissimmee 330,500.00 2009-2014 107 St Lucie County Concrete, Pipe & Culverts SL Lucie County 507,916,79 2008-2013 119 theainces Debris Removal from Watcrsvays&Cracks Leo Cowry Natural Resources 350,538.00 2W9-Present 120 Passive Park Improvements Osceola Parks and Recreation 185,181.35 2WS-Present i43 Derelict Vessel Removal i m County Natural Resources 375,677.00 2011-Present 149 GB)`CC- Lake Bank Reiteration Gulf Harbour Maser Association 4,124,424.35 October 2013 150 Can Precast Concrete Tell Booths Carr Precast 53,200.00 July 2012 153 Costs School Demolition Carlie C's- Private flamer 244100.00 June 2014 153 Emergency Dike Repair & Debris Removal Sl Lucie Mosquito Control District 1133207,56 February 2013 156 Hadar House beach Restoration Private Owner 32,658.00 Febromy 2013 157 Lake Bank Restoration Peloma at Pelmea Gulf& Country Club 196,500.00 August 2013 159 RuleaPark Pavilkon Osceola County 35,705.001 Aril 2013 160 Civic Center Pondlmprovements City oflGssimnlee 709,02,411 Aril 2014 161 Twin Oaks Conservation Areal romarts v Osceola Caw 600,90948 August 2013 162 ➢oardwalk Caper Condos Seawall Boadavalk Caper BOA 586,516,72 October 2013 163 Slungle Creek Regional Park Osceola Cournery 722,261.70 September 2014 164 The Shares at GULF Harbour lake Bavlc Gulf Harbour Mawr Association 39,540.00 March 2013 165-Eberhard FT Myers Beach Restoration L. Evetual - Prime Owner 21,600.00 October 2013 166 Pence- Hampton Gardens Paving Area Smectec➢toning 5%42800 March 2014 167 Uscema Channel Markers installation Osceola County 25192500 Jamary 2014 hot UNC Bingham WWfP Pond hhd-Atlantc lamennuclure Systems 279,490.89 May 2013 169 Tavares ShmelmuImprovement City ofTaveres 180,945.00 December 2013 170Toho Conammelyrarkhriprovencent Osceola County 469,524.21 April 2014 171 Leessburg Airport ClearingCRYOULexclum 39,800.00 October 2013 174 Cherry Point 4167 Holding Renovation Daniels&Denials, lac 488,709.00 July 2014 175 Bonita Bay Lake Bank Retention Bonita Bay Master Assoc. 3,058,859.69 October 2014 176 Snake Island Shoreline Stathboatian WCUI 273,900.20 March 2014 177 Makinson Island Pavilion Obeecalacourvary 73,534.36 Juno 2014 180 Okeechobee Canals Clearing . City of Okeechobee 54S1500.00 May 2016 On Cherokee Points ro era Oceolacrun 536,709.73 S February September 2014-Feb2017 182 Aiken Debris Reroval Southern Disaster 959,210.66 May 2014 183 Marvin Landing Conservation Area Improvements Osceola County 1,051,67001) S emember2014-Au t2016 185 S illslaud Development CiNofCowa Beach 287,000.W January 2015 196 Sumter G Canal Maintenance Sumter Cow 74,000.00 October 2014 197 Sarasota County Lyme Bay Mechanical Dredge Sarasoh County 159,568.50 October 2014 188 Grenada Boat Landing Improvements Osceola County 104364.05 September2015 189 Cypress lake Boat Landing Improvements Osceola County 76,176.40 June 2015 IN Brownie Wise-Caaddla Park Improvements Osceola County 214195000 harmary 2017 191 FFWC Foddersack Wier Honda Fish&WildliPo 1,0652051.02 October 2015 192 Kensington Lake Bank Restoration Kerwin on Master Assimmaun 3,833,334.93 June 2014-October 2017 193 Indian River Head Island Debris Removal Timor River County 31,499.00 Pebry 2015 194 SWEWMD Jack Creek Hydrologic Restoration SWFWMD 273,000.00 August 2015 195 Scarborough Welland Restoration USDA-NRCS 1,658,887.00 August 2015 196 Denolitem oFCommercial& Residential Structures Charbtte County 148,507.50 January 2016 197Erwin Dcmalition City ref&win, NC 94,960.00 March 2016 201 Kensinjeon Seawall Reach Kemio ton Master Axocimion 42,900.00 Febrann12016 202 Fillers Summoner Dept Ditch Maintenance City ofVGA Myers 2220698A Jame 2015-September 2017 204Saniah Wells Lake Bank Restoration Spanish Wells Community Assoc 131, 162.27 3 tember2015 207 Grumar - Pedcan Preserve Aeration Re tin Gaireway COD 423,871.93 August 2016 208 Williamson Cattle Ranch Restoration USDA-NRCS T,573,118.78 March 2017 210 Ditches Maintermnce City of New Smmelbsch 0279.00 Nevember2015 211 ffouwood Lakeslako Hank Restoration ItivawoOd Master Assoc. 177,026.00 March 2016 212 Pinellas County Vessel Removal Pinellas County 219,00.00 Tew Contact 214 Parkfarmv Wmdnult DR Horton, Inc. 26,200.00 FelamarI 215'IPA Spoil Island Stabilization Port Tampa Bay 490,780.76 AA2016 216 Cleanest Marker Installation AVC 309*545.75 December 2016 217 Heritage Bay Charmer Repair HentaguefilatterMom, 253,650.W May 2016 219 Sumter Canal D, DI&PMaintenance Sumtercounty 99,903.00 July 2016 220 Kissimmee Airport Clemi - Tree &Debris City of immee 35,515.00 March 2016 221 Pinellas Gentube Removal from Beach PvreOae County 3840200 April 2016 222 Mummer Coup Barrier installation Miramar Community Acme 38,500.00 My 2016 223 AIhin Bros Demolition AI inprivate owner 35,000.00 Au st2016-Present 225 Shawfawn School Remedation Town ofErwin, NC 12,000.00 May 2016 227 Abjertor Creek Restoration SIVAVMD 177,96000 S tember2017 228 Bonita Day Lake Bank Restoration Bonita Bay Master Assoc. 664,244.36 December 2016 229 Valencia lakes Take Bank Restoration Valencia BOA 157,955,16 November-2016 23 I Buenaventura Lakes Erosion Repair Osceola Parks and Recreation 49,78190 Au st 2016 232 Archie Gordon Beishmen Imperrismoure Osceola Parks and Recreation 41,30568 Stifilember2016 233 Kensington GC Shoreline Kemmton MasterAsmcialon 397,24L00 October 2016 234 Fillers Beech Vessel City ofFort Abram 39380000 December 2016 235 Babb Renck Traits OsttolaPazks and Recreation 86,40000 October 2016 236 Emergency Dike Repair a ad Debris Remo vel- Matthew St Lucia County Mouiro Dinner 1,850,000,00 March 2017 238 Caluosahatclew Stabilization Lee County Natural Resources 222,675.00 March 2017 239 Brier Cliff Maintenance Lee County Natural Resources 3600.00 Jarmay 2017 240 Shelia➢0ardwalk Replacement Creole County 1000000.00 April 2017 Page 4 of 2 TSI Disaster Recovery TS1 Completed Projects 2012-2021 Job H and Project Description Owner ComtmctAmusmt Dale Cam fete 241 DrownsWWise BaWraam Osceola County 45,000A0 May 2017 242 FWC Suwwee Masker FFWC 14,40000 A '12017 243 WCIN Vessel Removal WIND 8,600.00 Audi 2017 245 FtMyers; Winner Canal City ofPoaM era 105,000.0it Apffl2017 246Melomm Aeration Mediterra Community Development Din. 409000.00 Sephvnber2017 248 Lee-S amish Lake64 Bunch Preserve Lw County Natural Resources 255,346.00 August 2017 251 Brownie Who Floating Dock Osceola County 35;000.00 October 2017 252 Sumter B&C1 Canal Sarver County 126,000.00 August 2017 253 Osceola Lake Lizzie Sign Osceola County 7*500.00 Iu 2017 255 FWC Duval MarkersItepair.Replace&Install FFWC 119568.W 60 257 Derelict Barge Removal Martin County 903000.00 June 2017 258 Alternate\Velum Riser South -Tree Removal City of AhaarmorS 773000.00 S tembm2017 259 Pon Orange Vesel Removal Gty of Port Orange 2,600.00 August 2017 260 Damon Baer Lake 87 Restructure ➢mot Bay Masher Aucmc 32630mdW October 2017 261 Condone Placido Boat Ramp Improvements CharbRe County 75179900 October 2017 262St Lucie Mesquite Dike &Debris St. Lucie County 3.950,00000 Felamary2018 264 Gateway Pelican Preserve Aeration Calker County 321 OM W February 201a 266 Brewed Berm Restoration - Irma Brevard County 701o%idd00 June 2018 269 FWC Lee County Marker Installation Florida Fish &WddER 28,000.00 July 2018 269 FWC FRC Cuban Demolition Florida Fish &WildliR. 13,500.00 March2018 27I Vighlands Washoms Highland Count 7*500.00F Ma 2019 272 FWC Sam uct Restoration Honda Fish & Wildlife 168,000.001 Iwo 2018 274 Palm Bay Dish Debris Removal CityofPalm➢ay 132,000 August2018 275 Past* Sandy Branch Ditch Pasty Caua FL 248,000 July 2018 276 St Claud Weir Repair City ofsTckmdFL 51i'lea00 December 2019 277 Fountainhead A the Vinuds Lakebank Restoration Fountainhead.@ gas Y ds HOA 667000 December 2019 278 SWFMWD Debris Removal S%F 676000 Much 2019 279 Cocoa Lee Wenner Park City of Coma 662502 March 2019 280 Seminole Waterway Debris Seminole County 130DOW March 2019 281 Lou Pine Island Flmwoods Lao County Natural Resources 244645 June 2019 282 Brndford County Sampson Creek -SDR Bradford County SherrifDepartment 325000 April 2019 283. Kissimmee Mills10ugh Restoration City of Kissimmee 925000 Ooctober 2019 284 Sumter Carol G & C Clewing & Herbicide Sumter County 1070001 Judy 2019 285 Chunesville Ditch Post bass Reclamation City of Gainesville p 63000 Novvwebr2020 286 SRWMD Suwunnee& Saute Fe River Clean Up SR%VMD 153000 August 2019 287 NPS Seminole Ron House Restoration National Perk Service 1193000 June 2020 288 Emergency Dike Repair - Doren 2019 St Lucie County 796,000 December 2019 299 Earn rely Berm Itepair - Dorian Brevud County 3,000,000 An12020 290 Babcock Bauch C ress Heed Ranch Floods Fish &Wildlik 547,800 January 2020 291 Strand Con lomimum Seawall Remain Goes, Inc. 79,OW March 2020 292 Little Hatched Creek Erosion R am ECT, Inc I58,000 Novembcr2020 293 EmorgencyllennRepair i bee Island,GA 300,000 Feberatery2020 294 Ester Street Beach Access New Symerm Beach 52,000 May 2020 295 Burlington Long Pier Demoltion Flroids Dept of Ernmo medal Protection 58%000l May 2020 296 Mercabo Site Environmental Restoration CUBA 857,0001 Novemher 2020 297 Lakebank Drainage Reairs PebbleCreek HOA 109,000 A n[2020 299 Lake Excavation Chordate County 226,000 December 2020 30010 'amliesloration Pumkima" Utilities 176M OcWber2020 301 Condct Vessel Remove] VolonaCounly 47,160 December2020 3M Meeting Dock Domwlition and A lacement Colloncourdy 48,000 December 2020 302 Clem Plans Dredging Maintenance Collier Comfy 150,000 Dmamber2020 303 Derelict Vessel Removal City ofSt. A usume 65,540 January 2021 304 Emergency Berm Resonation Brevard County 1,400,000 March 2021 Page 2 of 2 TAB 4 Specialize Experience of Team Members r s Disaster Recovery 2323 South Babcock Street •Melbourne, FL 32901 • 407.891.8005 www.tsidisaster.com EVALUATION CRITERIA N0.4: SPECIALIZED EXPERTISE OF TEAM MEMBERS TSI employs highly skilled personnel with extensive experience in all forms and stages of marine construction. Our administrative team includes an office staff dedicated to reporting, billing, and permitting. Our design team has 40+ combined years of experience in the marine construction field and includes our Project Engineer and Managing Members. Our field work team includes the Project Engineer, a Managing Member, and a Project Supervisor to ensure that no aspects of a job are overlooked. Our Project Engineer specializes in marine structures and has extensive experience with design, inspection, installation, and construction oversight. Our Project Supervisors manage our construction crews and are known forgoing above and beyond to make clients, adjacent residents, and anyone else involved, comfortable with the work being conducted. For this contract, our project team will include the following people. Theresa F. Cauthen, P.E., Project Engineer Theresa's Background and Experience "'� ,j � Theresa serves as the Project Engineer responsible for layout and �` F component design for overwater and waterfront structures, seawalls and j w retaining walls, shoreline revetments, launching facilities, park and recreational facilities, coastal armoring projects, lake bank stabilization projects, stormwater management systems, disaster cleanup and restoration, canal and channel dredging, habitat creation and restoration, tidal and wetland mitigation, and other related marine construction projects. She has extensive experience working in and around wildlife sanctuaries, archeologically sensitive lands, endangered marine environments and species, and sensitive ecosystems. Her current responsibilities include the coordination of federal, state, and local permitting; layout and design of waterfront structures; creation of construction project documents and plans; construction management; project evaluation; construction estimating; and preparation of engineering reports. Theresa assists with communication between the clients, subcontractors, and consultants as required regarding permitting, design, and construction details. She is responsible for the critical design and review of structural and volumetric calculations. Theresa is also responsible for tracking project budgets and schedules as well as specialized reporting required by various funding sources. Theresa's Qualifications Registered Professional Engineer in State of Florida #81373 — 2016 to Present • Mine Safety and Health Administration Part 46 Surface Miner • Qualified Stormwater Management Inspector, FL DEP, 2004, #7905 • 2014-2015 President of Calusa Chapter of the Florida Engineering Society 2011-2012 Young Engineer of the Year Award — Calusa Chapter • Bachelor of Science Degree, Ocean Engineering, Florida Atlantic University • Mathematics Minor, Florida Atlantic University • PADI Open Water Diver Docks and Marinas Professional Development, University of Wisconsin • Florida Public Notary GG105917, Expires 5/17/2021 Stephen Lee, General Contractor and Project Supervisor Stephen's Background and Experience Stephen is a skilled captain with expertise in boat and barge navigation and nearly 15 years of experience on the water in marine construction. He has a numerous scuba diving certifications and more than a decade of experience as a Certified Technical Diver. He has many hours of hazmat, safety, and diving PW classes and training. He specializes in jobs with tidal impacts, vessel navigation, aquatic control, exotic vegetation eradication, dredging, derelict vessels, sensitive hydrologic environments, and diving. Stephen is the main supervisor of the marine construction crews. Stephen's Qualifications • Licensed Certified General Contractor, License #CGC1520173, Expires 8/31/2022 • Licensed Pesticide Applicator, License #CM18187, Expires 1/31/2023 FDACS: Pesticides Certification for Aquatic Pest Control, Right -of -Way Pest Control, Natural Areas Weed Management, and Demonstration & Research • Certified Scuba Diver, ID #834700 • Florida Qualified Stormwater Management Inspector, Inspector #25387 • Best Management Practices, Certificate #GV15261 • Incident Commander/OSHA Level V • Hazardous Materials Operations/OSHA Level II • Class A CDL • CPR & AED Certified • USCG Master Merchant Marine Officer & Towing Endorsement • Mine Safety and Health Administration Part 46 Surface Miner Robert Tyson, Managing Member Robert's Background and Experience � ;^ Robert "Beau" Tyson excels in the marine construction and hydrological i restoration field. As the chief of onsite operations, he takes preemptive action to present solutions to the project owner before they impact the public, local ¢ homeowners, or vulnerable environmental areas. Beau's ability to implement and build ideas from concept to reality has resulted in the addition of our custom - designed specialty equipment. These custom-built instruments allow TSI to work safely in sensitive environmental areas with difficult access while leaving a minimal footprint. Beau's responsibilities include on -site operations management, equipment logistics and transport, facilitates maintenance needs, job scheduling, custom equipment development for specialized needs and difficult/sensitive access, coordinates manpower needs, reviews daily reports and assesses needs and adjustments for job success based on daily data. Robert's Qualifications • NCCCO Certified,120374203R Expires 03/2022 • Florida Qualified Stormwater Management Inspector, Inspector #25409 • FDOT Maintenance of Traffic Advanced Course, Certificate #48989, Expires 3/15/23 • Class A CDL, FL License #T250-773-73-386-0 0 Mine Safety and Health Administration Part 46 Surface Miner Henry W. Elmore, Managing Member Henrys Background and Experience +� Henry has more than 30 years of experience in sensitive environmental areas m� including canal work, environmental restoration, disaster and storm recovery, tree �r1 trimming and removal, hydrological restoration, debris removal, lake bank and shoreline restoration, and general construction. He has had many opportunities in the last three decades to work on coastal environments including, starting with Miami's shoreline after Hurricane Andrew, Charleston and surrounding islands after Hurricane Hugo in 1989, and as far north as North Carolina's Outer Banks. Henry has experience working with numerous government agencies including NRCS, FEMA, USACE, DOT, FDEP, SWFWMD, SFWMD, SJWMD, FWC, USFWC, and more. Henry's responsibilities include reviewing and approving engineer project plans, finalizing and approving budgetary figures, inspecting job sites for quality control, internal safety inspections, meeting with clients, training, and finding smart solutions to the most complex jobsite challenges. Henrv's Qualifications • Florida Qualified Stormwater Management Inspector, Inspector #25374 • Class A CDL, NC License #4221700 Leigh Elliott Project Supervisor Leigh's Background and Experience Leigh is often called to jobs that are time -sensitive as he is one of the most efficient and productive on -site supervisors at TSI. His decades of experience in the construction industry have honed a talent for encouraging crews to work at 7 their full potential. He thrives on emergency work and tight timelines where swift action is necessary. He is skilled at leaving all work areas better than he found them, including access points and staging zones. Leigh specializes in shoreline, restoration work and disaster recovery. Le_ igh's Qualifications: • Class A CDL, FL License # E430-536-52-922-0 • Florida Qualified Stormwater Management Inspector, Inspector #25373 • Mine Safety and Health Administration Part 46 Surface Miner Amy Hartman, Administrative Manager Amy's Background and Experience j .� � Amy is responsible for keeping the corporate office running smoothly, ensuring smooth transitions between projects, and maintaining optimal operations during contract h performance. She is a key facilitator for researching bid solicitations, record keeping, payroll, negotiation of contracts, billing, insurance, receiving payments, and customer relations. Amy also assists with tracking project budgets and schedules as well as specialized reporting required by various funding sources. Amy also serves as a liaison between subcontractors, owners, employees, engineers, and TSI Managing Members, Amy's Qualifications • Florida Public Notary GG199290, Expires 6/14/2022 • Skilled in city/community public relations and customer service training • Varied and well-rounded management background in industries including hospitality, non- profits, and restaurants TAB 5 Required Proposal Forms Admin'rsirative Services Deparhnent Pmwrement Services Divisron Vendor Check List IMPORTANT: Please review carefully and submit with your ProposalBid. All applicable documents shall be submitted electronically through BidSync. Vendor• should checkoff each of the following items: ,�,/ General Bid Instructions has been acknowledged and accepted. L� Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. dForm 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification �/ Proof of status from Division of Corporations -Florida Department of State (If work performed in the. State) - http://dos.myflorida.com/sunbiz/ should be attached with your submittal. Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the pmposalPoid. �" Form 3: Immigration Affidavit Certification MUST be signed andattached with your submittal or you MAY be DEEMED NON -RESPONSIVE E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. /�Form 4: Certification for Claiming Status as a Local Business, if applicable, has been executed and returned. Collier or A' Lee County Business Tax Receipt should be attached with your submittal to be considered. Form 5: Reference Questionnaires form must be utilized for each requested reference and inchrded with your submittal, id applicable to the solicitation. Form 6: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. �1 Vendor W-9 Form. bQ Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificates) within five ,,.,(/ (5) days of the County's issuance of a Notice of Recommend Awud. .i� yr,�i The Bid Schedule has been completed and attached with your submittal, applicable to bids. L7 Copies of all requested licenses and/or certifications to complete the requirements of the project. [�]/ All addenda have been signed and attached, or you MAY be DEEMED NON -RESPONSIVE. �� County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. fff��///^/ Any and all supplemental requirements and terms has been acknowledged and. accepted, if applicable. T51 Disaster Recovery, LLC ***DPDATED JANUARP 2S, 2020*** co�e,- cot~nty Adminis6ative Services Department Procurement Services Division Norm I: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34] 12 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares. the instructions, purchase orderterms and conditions, requirements, and specifications/scope ofwork of this solicitation have been fully examined and accepted. The Vendor agrees,. if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a firm of a formal contract or to execute a Collier County formal contract for pw•poses of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as asub-vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 15t11 day of .IUne 2p21 in the County of areverd , in the State of Pioride Firm's Legal Name: TSI Disaster Recovery, LLC Address: 2323 S. Babcock Street, Melbourne, FL 32901 City, State, zip code: Melbourne, FL 32901 Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: L08000047905 26-2658624 5QGF0 407-891-8005 info@tsid isaster. com W �i1 wl c�-� ***UPDATED JANUARY 28, 2020*** Additional Contact information send payments to: TSI Disaster Recovery, LLC (required if different from Company name used as payee above) Contact name: Amv Hartman Title: Administrative Manager Address: 2323 S. Babcock Street, Melbourne, FL 32901 City, State, ZIP Melbourne, FL 32901 Telephone: 407-891-8005 Email: amy@tsidisaster.com Office servicing Collier County to place orders (required if different from above) Contact name: Same as Above Title: Address: City, State, ZIP Telephone: Email: """UPDATPD JANUARY 28, 2020*** co�� county Pdministrative Services Departrnent Procurement Services Division Torm 2: ConfliM of Interest Certification AfRdavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules —The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g, writing a procurement's statement of work, specifications, or performing systems engineering. and technical direction for the procutemenk) which appears to skew the competition in favor of my firm. Impaired objectivity —The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals /past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to informatimr —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in cunent or future solicitations and contracts. In addition to this signed affidavit, the contractor /vendor must provide the following; 1. All documents prodnced as a resnit of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matterof public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), documents) and/or other mearrs. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best oftheir knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. TSI Disaster Recovery, LLC Company Name �—' Signature Henry W. Elmore, MGMR Print Name and State of Florida County of Srevard The foregoing inshvment was acknowledged before me by means of ®physical presence or � onlinenotarization, this 15th day of June (month), 2021 (year), by Henry W. Elmore (name) olf� pe�rson�a�ckn�owledging). ,o~""°,� AMoMMssicmRcc v9z � �fa'�Vlvv`t�f.�. ��(/ re o Notary Public -State of Florida) "4n�� EXPIIiI:SJune 14.2022 _____,,,,,,,�rwwVNll nman GG199290 6/14/2022 Personally Known OR Produced Identification Type of Identification Produced (Print, Type, or Stamp Commissioned Name of Notary ***IJPDATED.iANUARY 28, 2020*•* 6/14/2021 Detail by Entity Name DIVISION OF CORPORATIONS Dgpartment of State I Division of Coro ions I Search Records / Search�y EntIN Name / Detail by Entity Name Florida Limited Liability Company TSI DISASTER RECOVERY, LLC Filing Information Document Number L08000047905 FEI/EIN Number 26-2658624 Date Filed 05113/2008 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed O6/30/2008 Event Effective Date NONE Principal Address 2323 S BABCOCK ST MELBOURNE, FL 32901 Changed: 04/11/2019 Mailing A dress 2323 S BABCOCK ST MELBOURNE, FL 32901 Changed:04/11/2019 R�gisteredAgent Name &Address SOLOMON, BRIAN D 1311 INDIANA AVENUE SAINT CLOUD, FL 34769 Address Changed: 02/07/2012 Authorized Persons) Detail Name &Address Title MGRM ELMORE,HENRY 5744 Delorean Drive Kissimmee, FL 34746 Title MGRM search.sunbiz.org/Inquiry/Corporation Search/Search ResultDetai I?inq uirytype=EntityName&di rectionType=lhitial&searchNameOrder=TS I D ISASTERR... 1 /2 6/14/2021 Detail by Entity Name TYSON, ROBERT MORGAN P.O. BOX 430 Labelle, FL 33975 Annual Re o s Report Year Filed Date 2019 04111 /2019 2020 06/09/2020 2021 04/13/2021 Aocument Images 04/13/2021 —ANNUAL REPORT View Image In PDF format O6I09/2020 —ANNUAL REPORT View Image in PDF format 94/11/2019 --ANNUAL REPORT View Image in PDF format 03106/2018 —ANNUAL REPORT View Image In PDF format 02I17/2017 —ANNUAL REPORT 94/11/2016 --ANNUAL REPORT 02/16/2015 —ANNUAL REPORT 04124/2014 --ANNUAL REPORT 04/O5/2013—ANNUAL REPORT 02/07/2012 —ANNUAL REPORT View image in PDF format Uew image in PDF format View image in PDF format View Image In PDF forma[ Vlew Image in PDF format View image in PDF format 03/18/2011 --ANNUAL REPORT View image In PDF format 03/10/2010 --ANNUAL REPORT View Image in PDF format 04/23/2009--ANNUAL REPORT Uew Image In PDF format Ofi/30/2008 — LC Amendment View image in PDF format 05/13/2008 -- Florida Limited Liability View image in PDF format norltla oeh�nm�,ir or st„re, n��:ion .r coruo.�rro�s search. sunbiz.org/Inquiry/CorporationSeaich/SearchResultDetai I?inq u i rytype=EnlityName&d i rectionType=Initial &searchNameOrder=TSI DISASTERR... 2/2 co�� c�.tncy Admin�straWe Services Deparbnent Prowrement Services DiNs'ron Forma: Immigration Affidavit CertiScaGon This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (https://www.e-verify.gov/l, at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company Ivhich will be produced at (he lime of the submission of the Yenda•'s proposal/bid a• Ivithin five (5) day of the County's Notice of Recommend Au+ard FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S ASNON-RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.G. Section 1324 a(e) Section 274A(e) of the immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Vio]ation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proofofem�ollment in The Employment Eligibility Verification System (E-Verify), operated by the Department ofHomeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal bid. TSI Disaster Recovery, LLC Company Name �^ Signature Henry W. Elmore, MGMR Print Name and Title Florida State of County of Brevard The foregoing instrument was acknowledged before me by means of ®physical presence or O online notarization, this 15th day of June (month), 2021 (year),. by Henry W. Elmore (name of perso wledging). gs.>°fv, ANIy M. HARTMAN (�lC, t'I'aµ" MMi MY COMMISSION w GGI99290 (Si Ire of tary Public -State of Florida) �w � EXPIRF..S.1une 14. 2022 Amy M. Hadman GG199290 6114/2022 (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced ***UPDATED JANIJARY 28, 2020*** co�� coHHty Administrative Services Department Procurement Services Division Fmm 4: Vendor Submittal— Local Vendor Preference Certification (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business) ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the. Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section Fifteen of the Collier County Procurement Ordinance: Local business means t or has a current Business Tax Receipt issued by the C ounty Tax Collector prior to bid or proposal submission sines within Collier County, and that identifie ess with a permanent physical business address locate imits of Collier County from which the ve perates and performs business in an area zoned for the cond sines. A Post Office Box or a facili s mail, or anon -permanent structure such as a construction trailer, , or other non -permanent struc a used for the purpose of establishing said physical address. In additio oing, a vendor shall not b a "local business" unless it contributes to the economic development and we Mier County in a ver• easurable way. This may include,. but not be limited to, the retention and expansi ment opportu rt and increase to the County's tax base, and residency of employees and principals o within C .Vendors shall affirm in writing their compliance with the foregoing at the time of submittin • pr eligible for consideration as a "local business" under this section. A vendor who misrepresents the of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preferences of up to one year under this section. Vendor must complete the following. information: Year Business Established in ❑Collier Coun Coun Number of Employees (Including Owne rate Officers): Number of Employees Living in unty or ❑Lee (Including O orporate Officers): If requested by the Count ill be required to provide documenta rating the information given in this certification. Failure to d ult in vendm•'s submission being deemed n e. Sien and Date Certification: Uiader penalties ofperLry I certify that the in(ornrcrtion shmvn on this;form is correct to rnv knmvledre. Company Name: Address in Collier or Lee County: Signature: Date: Title: ***UPDATED SANUARi' 28, 2020*** INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of WmkersCompensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https:Happs.fldfs.com/bocexempt/ 2. ®Employer's Liability $_1,000,000_ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_I,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily ISO form Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ®Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. S. ® Automobile Liability $_170001000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired;. Automobile Included 6. ® Other insurance as noted: ® Watercraft $ 1, 000, 000 Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ 1,000,000 Per Occurrence ® Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ 1,000,000 Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ® Pollution $ 1,000,000 Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed contract Bonds by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment. Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported pol icy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. ]0. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11, ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ®On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. � Thirty (30) Days Cancellation Notice requned. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 4/5/21 - CC Veudm•'s Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. Nameo£Firm TSI Disaster Recovery, LLC Date 6/15/2021 Vendor Signature Print Name HenPy W. Eimore Insurance Agency Amsley Insurance Agent Name Lance Turk Telephone Number 407-892-9645 ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MMMDNYYY) `/ 1 06/15/2021 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 PRODUCER Amsley Insurance Services Inc 161713TH ST SAINTCLOUD FL 34769A306 NAME:"� Lance TUrek FAX No: (407)892-7807 i&,Y.xt)lLnfo@ams[eyinsurance.com aDorsess: Info@amsleyinsurance.com INSURERS AFFORDING COVERAGE NAIC# INSURERA: Colony Insurance Cc 37150 INSURED TSI Disaster Recovery, LLC. 2323 S Babcock St Melbourne FL 32901-5300 INSURER B: American Alternative Insurance CO 19720 INSURERC: Liberty Mutual Insurance CO INSURERD: American Zurich Insurance Co INSURERS: Westchester Surplus Lines Ins Cc INSURER F : COVERAGES CFRTIFICATF NIIMRFR• RFVISION NIIMRFR- 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. ILTR TYPE OF INSURANCE lum ADDL SUB POLICYNUMBER MMIODY/YEYYV MMID�IYYYY LIMITS X COMMERCIALGENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE NOCCUR PREMI SES Ea ETORENTED PREMIoccurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 A X X 600 GL 0002946-07 03/14/2021 03/14/2022 LIMITAPPLIES PER: GENERALAGGREGATE $ 2,000,000 GEN'LAGGREGATE POLICY ❑ PRO-JECT ❑ LOC X PRODUCTS -COMPIOPAGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY —COM$ We a�entSINGLE LIMIT $ BODILY INJURY (Per Person) $ ANY AUTO OWNED SCHETO$OULEO AUTOS ONLY AU BODILY INJURY (Per acciaccident)5 PROPERTYOAMAGE Per actitlenl $ HIRED I NON -OWNED AUTOS ONLY AUTOS ONLY $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ B EXCESS LIAB CLAIMS -MADE X X 60A2FF0000254-11 03/14/2021 03/14/2022 DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANYPROPRIETOR/PARTNEMEXECUTIVE OFFICERIMEMBEREXCLUDEDT NIA PER STATUTE OTH- ER E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe. under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ C Marine General Liability Protection and Indemnity X X LSMP20-1050 07/01/2020 07/01/2021 Per Occurance General Aggregate 1,000,0000 $2,0001000 CSL $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) D Inland Marine/Equipment 68045055 09/23/2020 09/23/2021 Scheduled Equip Rented/Leased Equip $3,877,365 $3,186,900 E Pollution Liability G27909954006 10/02/2020 10/02/2021 $210001000 Collier County Board of County Commissioners, OR, Beard of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County Included as an additional Insured under the captioned Commercial General Liability Policy on a primary and non-contributory basis if and to the extent required by written contract. 19- 7624- (TSI Disaster Recovery, LLCJ "Annual Agreement for Marine Contractor Services Collier County Board Df County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3295 Tamiami Trail E Na les, FL 34112 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. Procurement Services Division Attn: Ana Reynoso AUTHORIZED REPRESENTATIVE ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW, FLORIDA FARM BUREAU INSURANCE COMPANIES P.O. BOX 147030 Company Letter A: GAINESVILLE, FLORIDA 32614-7030 Florida Farm Bureau General Ins. Co. NAME AND ADDRESS VE INSURED: Company TSI DISASTER RECOVERY LLC 2323 S BABCOCK ST Letter B: MELBOURNE FL 032901 Florida Farm Bureau Casualty Ins, Co. The policies of insurance listed below have been issued to the insured named above and are In force at this time. 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. CO. L7R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDn'Y) POLICY EXPIRATION DATE (MMyDDrrv) ALL LIMITS IN THOUSANDS General Liability: General aggregate $ Products completed operations aggregate $ ❑ Commercial General Liability (Occurrence Form) Personal & Advertising Injury $ ❑ Owner's & Contractor's Protective Each Occurrence $ Fire Damage (Any one fire) $ ❑ Farmer's Personal Liability Medical Expense (Any one person) $ Automobile Liability: ❑Any auto Combined Single Limit $ 1000 Bodily Injury (Per Person) $ B ❑ All owned autos GiScheduled autos AFT 1344043 07/02 /20 07/02/21 IEKHired autos Bodily Injury (Per Accident) $ IEKNon-owned autos Property Damage $ Excess Liability: ❑ Umbrella Form Each Occurrence Aggregate ❑ Other than Umbrella form $ $ Employers Liability: $ ❑ Farm Employers Liability (Each oauaeace) $ (Each Employee) ❑ Farm Employee's Medical Other: $ DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES: VEHICLES DRIVEN TO VARIOUS SITES CANCELLATION: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 10 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3295 TAMIAMI TRAIL E, NAPLES, FL 34112 PROCUREMENT SERVICES DIVISION ATTN: ANA REYNOSO COUNTY CODE 2b Serviced by HENDRY DATE ISSUED 10/08/20 County Farm Bureau KATHERINE LALLO, LLC AUTHORIZED REPRESENTATIVE 93-7-692 (Rev. 5l93) CERTIFICATE OF LIABILITY INSURANCE Date 6/14/2021 producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder, This Certificate does not amend, extend Holiday, FL 34691 or alter the coverage afforded by the policies below. (727) 938-5562 Insurers Affording Coverage NAIC # Insured: South East Personnel Leasing, Inc. & Subsidiaries Insurer A: Don Insurance Company 11075 2739 U.S. Highway 19 N. Insurer B: Insurer C: Holiday, FL 34691 Insurer D: Insurer E: Coverages The policies of insurance listed below have been issued to he insured named above. or 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 line .terms, exclusions, and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSR LTR ADDL INSRD Type of Insurance Policy Number Policy Effective Dale Policy Expiration Date Limits (MM/DD/YY) (MMIDD/YY) GENERAL LIABILITY Each Occurrence Commercial General Liability Claims Made Occuroccurrence) Damage to rented premises (EA Med ExP $ Personal Adv Injury eneral aggregate limit applies per: Policy ❑Project ❑ LOC General Aggregate Products - Comp/Op Agg AUTOMOBILE LIABILITY combined single Limit Any Auto (EA Accident) Bodily Injury All Owned Autos Scheduled Autos (Per Person) Hired Autos Bodily Injury Nan -Ow ed Autos (Per Accident) Property Damage (Per Accident) EXCESS/UMBRELLA LIABILITY Each Occurrence Occur ❑ Claims Made Aggregate Deductible A Workers Compensation and WC 71949 01/01/2021 01/01/2022 x I WC start- OTH- Employers' Liability to Limits ER Any propdetor/partner/execugve officer/member E.L. Each Accident $1$oao,oOo excluded? NO E.L. Disease - Ea Employee $1,000.000 If Yes, describe under special provisions below. E.L. Disease- Policy Limits $1,01001001) Other Lion Insurance Company is A.M. Best Company rated A (Excellent), AMB # 12616 Descriptions of Operations/LocationslVehicles/Exclusions added by Enclorsemontspecial Provisions: Cller lD: 92-70-447 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. &Subsidiaries that are leased to the following "Client Company': TSI Disaster Recovery, LLC Coverage only applies to injuries Incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s), while working in: FL. Coverage does not apply to statutory employee(s) or Independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request be (727) 937-2136 or email certiricates@lioninsurancewmpany.com Project Name: INCLUDES USL & H. ISSUE 06-14-21 (AR) Be In Date: 613012016 CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Should any of the above described policies be cancelled before the expiration dale thereof, the issuing Insurerwill endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. 3295 TAMIAMI TRAIL EAST NAPLES, FL 34112 e..r.ri✓� f�--..— " W'9 Request for Taxpayer Give Form Form to the (Rev. October 2018) Identification Number and Certification requester. Do not 0epeArnentoftheTreasury send to the IRS. Internal RevanueseMce ►Go to www.1m.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your Income tax return). Name Is required on this line; do not leave this line blank. TSI Disaster Recovery, LLC 2 Business name/disregarded entity name, If different from above y3 Check appropriate box for federal tax classificatlon of the person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to m a following seven boxes, certain entities, not Individuals; see € ❑ Individual/sole proprietor or ❑ CCorporation ❑SCorporation ❑ Partnership ❑TrusVestate Instructions on page 3): osingle -member LLC Exempt payee code Of any) �'� ® Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► C ii Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Oonotcheck Exemption from FATCA reporting LLC If the LLC Is classified as a singlemember LLC that Is disregarded from the owner unless the owner of the LLC is cede [it any) [1 another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that O is disregarded from the owner should check the appropriate box forthe tax classification of its owner - g Other (as InstructIons)► (acu"m.c mr:,rermmawa,rsm u• us) y 5 Address (number, street, and apt. or suite no.) Sce Instructions, Requester's name and address (opilonal) 2323 S. Babcock Street 9 City, state, and ZIP code Melbourne, FL 32901 7 Ust account numbers) hem(optional) IOU Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this Is generally or social securiy number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, seethe instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account Is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. I secret security number ) -m or Employer identification number �ee00eeeeee Under penalties of perjury, I certify that; 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued tome); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longersubjectto backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. you must cross out item 2 above If you have been retitled by the IRS that you arecurrently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. Sae the instructions for Part 11, later. Signature of U.S. person ► General Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted. after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain ycur correct taxpayer identification number (TIN) which may 6e your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer Identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) care► 12/14/2020 • Form 1099-DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-5 (proceeds from real estate transactions) • Farm 1099-K (merchant card and third party network transactions) • Form 1095 (home mortgage interest), 109E-E (student loan Interest), 109B-T(tultion) • Form 1099-C (canceled debt) • Form 1099-A(acquisition or abandonment of secured property) Use FormW-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, r. afa Cat. No, 10231 X Form VU4 (Rev. 10-201 e) Co� >ler County Administrative Services Derision Procurement Services Date: 5/26/2021 Email: Patrick.Boyle@colliercountyfl.gov Telephone: 23 9-252-8941 Addendum 1 From: Pahick Boyle, Procurement Strategist To: hrterested Bidders Subject: Addendum 1 for 21-7885 Beach Maintenance Related Activities The following clarifications ue issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1: Extended Due Date from June 7". 2021 at 11:00am to June 16'", 2021 at 3:00pm Extended Questions & Answers fiom June Is' 2021 at 7:00am to June 91" 2021 at 5:00pm. Change 2. Detailed Scope of Work: Words straek thFough are deleted from the Solicitation document: A revised solicitation has been uploaded to BidSync. Change 3: Provided updated scope of work with scope changes (21-7885 Solicitation revr52521.pdf) Change 4: Nices shall remain fii�. fef Ae init6s-4 tm� nf this contract. Prices shall remain firm for the first year of this agreement. Change 5: The following activities afe an esample of the serviees that might be wdered, but in no way is this list meant to all inclusive or describe....eeifi.,.. eFI these are only o.......ples The Contractor will Provide beach maintenance and related activities consisting of, but not be limited to, the following: Change 6: BEACH TILLING: The Contractor shall —may till the beach in preparation for sea turtle nesting seasons, and beach renourishment related project areas between the seaward edge of vegetation/seawall line and the mean high water line (approximate elevation,. 1.7 NGVD) with equipment operated so as to penetrate and loosen beach sand (a) to a depth of twenty- four (24) to thirty-six (36") inches and (b) laterally without leaving unloosened compacted sand between the adjacent paths of tines or penetrating part of the equipment. (Suitable equipment is Caterpillar D9L/No. 9 Adjustable Parallelogram Multishank Ripper, or equal or a combination of suitable equipment for the intended work.) Upon completion of any tilling, the beach shall be evenly dragged to remove any ruts created by the tilling process for a uniformed surface. PILE INSTALLATIONS: The Contractor shall may install specified pilings in the designated location of the channel ways situated throughout Collier County for navigational signage as required. The piles will be provided by the County consisting of either fiberglass grade materials or marine grade timber. The pilings shall be jetted at a minimal depth of embedment to support navigational aide and signage as required and provided by the county. Change 7: A. ThepF eedure for projects with a valtie of $50,000 or less is outlined belowi eve., distp✓lnlfinn of the i Pnstfaetar shall respond with the ingqrmatioii an&or proposal sough! 1A-41,:� (7) calendar days, Procedures for Non -Urgent Work: For projects with a value of $50,000 or less, the procedure for obtaining quotes from the awarded Contractors is outlined below: A�uote will be requested from one (ll of the awardeAC relatively even disUibutimt of work. 2. The Contractor will respond with the information and/or proposal sought within seven (7) calendar days. 3. The County shall pay the Contractor for the performance of the work pursuant to the quoted price offered by the Contractor. The Contractor will be compensated for time and material not to exceed (T&M NTEI work. 4. Contractor will commence work upon County's issuance of a Purchase Order. The Contractor agrees that any Work Order that extends beyond the expiration date of the resultant contract will survive and remain subiect to the terms and conditions of the resultant contract until the completion or termination of work. Change & B. Procedures for projects with a value of $50,000 to $1,000,000 areas follows: 1. Contractor shall may respond with the quote within ten (10) business days. The County's Project Manager or designee will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote. The County's Project Managef oF designee will revimi all quotes reeeived by the given due date and may negotiate with the Gentfaetsi-whe gubmits A lowest quote The County's Protect Manager will review all Quotes received by the given due date and may negotiate with the Contractor who submits the lowest guote, if outside the buduet. Change Change �: Urgent work shall be defined as any work that is not scheduleds 4 hour availability is needed to complete on call urgent work. Ufgent weAE will be completed on a rotating ME W III IF IF Urgent work will be completed on a rotating schedule with one (1) Contractor designated for a one (1) week period. Each awarded Contractor shall supply all County departments utilizing the resultant III contract with a minimum of two (2) twenty-four (24) hour urgent contact phone numbers. All Contractors must participate in the urgent work rotation, which will be equally divided among the awarded Contractors. The annual schedule will be developed at a meeting with all awarded Contractors at the beginning of the contract term, and annually thereafter. The contract administrator or designee will manage and maintain rotation schedules on a basis that ensures a relatively even distribution of the work. Urgent requests must be acknowledged and on site with a County designee within twenty-four (24) hours to evaluate the job, crews and equipment. Contractor must provide a Time and Materials Not to Exceed (T&M NTE) quote within 24 hours of the visit and also provide a schedule to complete required repairs. If maintenance of traffic (MOT) is needed, the contractor shall have three (3) lours from the quote submittal to set up MOT. The County may require the Contractor to secure work area via a temporary repair. Should a Contractor fail to respond to an urgent call the next Contractor in rotation shall be contacted. Any failure to provide coverage by a Contractor, may be subject to termination. Change 11: 11. INVOICES: T-I C,..,..... applisable, ineluding material and specialty equipment maAmp. Madcap for subcontractors shall not exeee 140/6 Aneillary charges may be traosfeFFed fe the Count), in the actua4 amount; hE)WeVeF, fnadE UPS will not be allowed. A4aF!E zups will not be n1lovI mli qnles twE, eangumlep fees oF taxes, use and other sifflilar taxes of fees associated with any wAFIE under flip, fmilltnut contract. All T&M NTE work assignments will utilize a fee schedule for labor/parts/equipment. Fee schedule rates, which are subject to additions or deletions, will be negotiated with the awarded Contractors and will be added to the contract for utilization. For all T&M NTE work. Conh•actor(sl shall he required to provide backup docurentation of Contractor's time andproof of the subcontractor services and/or a�materials/supplies/equipment by providing invoices and receipts at the time of invoice. submission. Ancillary charges may be transferred to the County in the actual amount, mark-ups will not be allowed. Mark-ups will not be allowed on sales tax. Awarded Conh•actors agree to the follmving, as it pertains to markups and labor rates on T&M NTE wa•k: 1. The mm•k-up mr rental equipment shall not exceed 10%. 2. The mark-up on materials shall not exceed 10%, 3. The mark-up on subcontractors shall not exceed 15%. A copy of the Subcontractor invoice must be provided. 4. The labor rates provided by the Contractor are to be fully burdened to include overhead, insurance, profit and use of company owned small tools and equipment. Change 12: 12. P-R-It=E RATE INCREASES: The Commetal may request price rate increases. Retroaetive ptiee adjustments at,#L� : A The Contractor may request a rate increase annually (Three hundred sixty-five (365) calendar days from agreement commencement month/day). Retroactive price adjustments are not authorized. days b re me contract renewal term for consideration, P+Aiee inefease requests Feirfew may take ov thirty ram days to ,. . plot„ Submit rate increasere"ests_a to the Division Contract Administrator thirty (30) days before the annual contract anniversary peried fef eangide.Fation PI. inerease .,,.uest.. .fine...... may take a ev tr4. ram Jays t,. eeff...l Submit rate increase requests in writing via email to the Division Contract Administrator for consideration. Rate increase requests review and approval may take up to thirty (30) days to complete. 2. The Contractor shall provide supporting documentation justifying price increases (examples: supplier material agreements, proof of fuel increases, etc.). 3. The Contract Administrator shall conduct a price rate analysis to determine price increases are fair and reasonable. One of the 4allo.. ing methods . be price competition (yeviesAing othe,. 4. During the review process, the Contractor shall continue to fill all purchase orders received at the current contract prices. 5. The Procurement Director has the authority to approve or deny rate increases. p-'^^ adju « is that am rwoon n 5704) percent or below. Price increases exceeding fifteen (!W) ..,,..cent will require ........oval by the RGAIA of County C-ORMlissioneps, 6. Pfiee Rate increase requests are not guaranteed. If approved, the Contract Administrator or designee will notify the Contractor in writing with the effective date of any approved price increases. Change 13: 1, Covet' Lettet /Management Summary 5 Points Evaluation Criteria Maximum Points 5. Cover Letter / Management Summary 5 Points 6. Business Plan and Approach 25 Points 7. Experience and Capacity of the Firm 35 Points S. Specialize Expertise of Team Members 35 Points Change 14: 1�1 MIN '"•+aassua- - EVALUATION CRITERIA NO. 2: BUSINESS PLAN AND APPROACH (25 Total Points Available/10 Page Limitation) Inthis criteria. include but not limited to: Describe how your company typically prioritizes projects when multiule requests are coming in at the same time, Provide a detailed Dian of approach for a project that exceeds two hundred thousand dollars($200,000). Provide a sample schedule, with milestones for a project that exceeds two hundred thousand dollars ($200,000). Include with the Business Plan or as an attachment, a copy of a Project Summary as an example of work product. This should be for one of the projects listed as a reference. Change 15: FATMA NOW I ad ill I In this criterion, include but not limited to: • Provide information that documents your firm's to produce the required deliverables, mevious m•oiects. • Provide proof thatyom• company is licensed as a General Contr•actm• or Marine Specialty Contractor license in the State of Florida. • Provide a list of existing equipment owned by the contractor to deliver the services under this contract The County requests that the vendor submits no fewer than five (5) and no more than ten (10) completed reference forms from clients (during the last 5 years) whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the Proposer that best represent projects of similar size, scope and complexity of this project using Form 5 provided, Proposers may include two (2) additional pages for each proiect to illustrate aspects of the completed mill that provides the information to assess the experience of the Proposer on relevant project work. Change 16: N�%•�•I.VYISI\�Y!]YYNi]/.�Sr•7 �K`i]NiI rN ITN nI.�iZ� _ MOM MAM V A V W AN mqwKlq�knIgio • _ EVALUATION CRITERIA NO. 4: SPECIALIZED EXPERTISE OF TEAM MEMBERS (35 Total Points Available) In this criteria, include but not limited to: • Description of the proposed contract team and the role to be played by each member of the team. • Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. If you require additional information please post a question on our Bid Sync (www.bidsync.com) bidding platfotm under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. /A' e b 1 15/21 (Sig re) 6ol Date le i gv(s'r . (Name of Firm) co County Administradve Services Division Procurement Services Date: 6/3/2021 Email: Pahick.Boyle@coiliercountyIl.gov Telephone:239-252-8941 Addeudum 2 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum 2 for 2]-7885 Beach Maintenance Related Activities The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1: 1. Bate increase requests are not guaranteed. If approved, the Contract Administrator will notify the Contractor in writing with the effective date of any approved rate increases and in accordance Procurement Ordinance, as amended, If you require additional information please post a question on om• Bid Sync (www.bidsynacom) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. Date (Name of Fitm) EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document Vendor/Contractor Name TSI Disaster Recovery, LLC Date 6/15/2021 Authorized Signature EXHIBIT I -11 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR TSI Disaster Recovery, LLC Si§Aature Henry W. Elmore, MGMR Name and Title 2323 S. Babcock Street Street Address Melbourne, FL 32901 City, State, Zip 832125277 DUNS Number 6/15/2021 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I -12 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT statuswillbeverifed. UnverifaNe statuses will require the Pnimetu either pmivde a revised statement or provide source documentation that validatesa Staf.d. A. PRIME VENDOR/CONTRACTORINFORMATION PRIMENAME PRIME FDD NUMBER CONTRACT DOLLAR AMOUNT TSI Disaster Recovery, LLC 26-2658624 TBD IS THE PRIME A fLORIDA-CERTIFIED DISADVANTAGED, VTTERAN Y N IS THE ACNVITYOF THIS CONTPACT._ MINORITY OR WOMEN BUSINESS ENTERPRISE? DBE? V N CONSTRUCTION? Y N tDBE11fiBErWBEi OR HAVE A SMALL DISADVANTAGED BUSINESSBA CERTIFICATION FROM THESMALL BUSINESS MBE? Y N CONSULTATION? Y N ADMINISTRATION! A SERVICE DISABIEDVETERAN? w5v Y N OTHER? Y N SOB BA7 Y N 15 THUS SUBMISSION A REVISION?l V N IF YTS, REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPEOFWOILKOR ETHNICTTYCODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See Below( DOLLAR AMOUNT DOLLARS TOTALS' C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TIRE OF SUBMITTER EMAIL ADDRESS OF PRIME(SUBMITTER( TELEPHONE NUMBER FAX NUMBER NOTE: This information is used to track and report anticipated DBE or MBE participation in federally -funded contracts. The anticipated DOE or MBE amount is voluntary and will not become part of the Contractual terms. This form mot be submitted at time of response to a Solicitation. R and when awarded a County contract, the prime will be asked to update the infic"atien for the gnnt compliance files. D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COLU ER CONTRACT R IFILTEP or PO/RE ', GRANT PROGRAMICONTRACT ACCEPTED BY: DATE E7HMCf1Y CODE Black American BA HispanicAmenwn HA Native American NA 5ubtmt. uien American SAd uiarvPadfi[Amed[an APA Non-htino.•ity Women NNW Oth?r: not of any other grcuplisted O EXHIBIT I - 13 COLLIER COUNTY GRANT COMPLIANCE FORM BID OPPORTUNITY LIST FOR COMMODITIES, CONTRACTUAL SERVICES OR PROFESSIONAL CONSULTANT SERVICES Itls the pollry of Co1Per County that disadvantaged businesses and minority vendors, as defined in [he Code of Federal Regulations (CFR) or Florida Sta[u[es (FS), must hove the o ortuNt to artici ate on contracts with edera/and/arstate rant assistance. Prime Contractor/Prime Consultant: TSI Disaster Recovery, LLC Address and Phone Number: 2323 S. Babcock Street, Melbourne, FL 329D1 Procurement Number/Advertisement Number: TBD The list below is intended to be a listing of firms that are, or attempting to, participate on the project numbered above. The list must include the firm bidding or quoting as prime, as well as subs and suppliers quoting for participation. Prime contractors and consultants must provide Information for Numbers 1, 2, 3, and 4; and, should. provide any information they have for Numbers 5, 6, 7, and 8. This form must be submitted with the bid package. 1. Federal Tax lD Number: 26-2658624 6.I I DBE 8. Annual Gross Receipts 2. Firm Name: TSI Disaster Recovery, LLC ❑% Non -DBE Less than $ 1 million 3. Phone Number: 4D7-891-8005 Between $ 1-5 million 4. Address 2323 S. Babcock Street Between $ 5-10 million Melbourne. FL 32901 7. e Subcontractor Between $10-IS million Subconsultant More than $ 15 million 5. Year Firm Established: 2008 1. Federal Tax ID Number: 6. DBE 8. Annual Gross Receipts 2. Firm Name: Non -DBE Less than $1 million 3. Phone Number: Between $ 1-5 million 4. Address Between $ 5-10 million 7. Between $ SO-1H million aSubcontractor Subconsultant More than$15 million 5. Year Firm Established: 1. Federal Tax lD Number: 6.e DBE 8. Annual Gross Receipts 2. Firm Name: Non -DBE Less than $1 million 3. Phone Number: Between $1-5 million 4. Address Between $ 5-10 million 7. Between $ 30-15 million aSubcontractor Subconsultant More than$1S million 5. Year Firm Establlshed: 1. Federal Tax lD Number: 6.e DBE 8. Annual Gross Receipts 2. Firm Name: Non -DBE Less than $ 1 million 3. Phone Number: Between $1-5 million 4. Address Between $ 5-10 million 7.e Subcontractor Between$10-15 million Subconsultant More than $15 million 5. Year Firm Established: 1�37If7Y76G! EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,0001 The undersigned Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certificationmaterial representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. TSI Disaster Recovery, LLC Contractor (F�ir�m�Na�me) Sig re of C ractor's Authorized Official Henry W. Elmore Name and Title of Contractor's Authorized Official All date EXHIBITI-15 Vaa. ., . SERVICE o., EVerify, lz `4xFxx�' LyxceToe` Company urnber: 27299i THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and TSI Disaster Recovery. LLC (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E-Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-2081 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22,18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). Page 1 of 131E-Verify MOU for Employer�Revision Date 10I29I08 www.d hs.gov/E=-Verity E Verify Company ID Number: 272996 ��F by�llllll^Ro IS A SERVICE OF DEC 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: • Automated verification checks on alien employees by electronic means, and • Photo verification checks (when available) on employees.. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer a manual (the &Verify User Manual) containing instructions on &Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative Page 2 of 131E-Verify MOU for EmployerlRem sion Date 10/29/08 www.[ihs.gov/H-Verify EVermify. CompanylD Number:272996 Yli6i"z IS x SERVICE*° o"= nonconfirmation of employees employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual, 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E- Verify, including any tutorials for Federal contractors if the Employer is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: • If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo, (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. If an employee presents a DHS Form I-551 (Permanent Resident Card) or Form I-766 (Employment Authorization Document) to complete the Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non -matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1-9. DHS may in the future designate other documents that activate the photo screening tool. Page 3 of 73IE-Verity MOU for EmployerlRevision Oate 10/29/08 W Ww.dh s.C{oV/E-VeYity V EVerify. E a FA SE CE OF DES b.Je oI Company to Number: 272996 6. The Employer understands that participation in E-VCot ify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E-Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form I-9 have been completed), and to complete as many (but only as many) steps of the E-Verify process as are necessary according to the E-Verify User Manual, The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the SSA verification response has been given. Employers may initiate verification by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E-Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E-Verify procedures for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E-Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article II.D, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses &Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9, The Employer agrees to follow appropriate procedures (see Article III. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking Page 4 of 13�E-Verify MOU for Employer�Revision Date 10/29/08 www.dhs.gov/E-Verify TART EVerify �E-VERIey 15 A SE80 �_ OF Company ID Number: 272996 adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non -match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10, The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non -match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 or OSC at 1-800- 255-8155 or 1-800-237-2515 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration -related employment practices provisions in section 274E of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237 2515 (TDD). 12, The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 13, The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as Page 5 of 13�E-Verily MOU for EmployerlRevision Dale 1 W29/08 W W W.d I1S.g oV/E-Verify EVerify Company ID Number: 272996 C& (\�.c) by Illllll Fez -veptex [s w ttpv[eca'or uvs authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of &Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. D. RESPONSIBILITIES OFFEDERAL CONTRACTORS 1. The Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801) in addition to verifying the employment eligibility of all other employees required to be verified under the FAR. Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. a. Federal contractors not enrolled at the time. of contract award: An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal contractor, the Employer must initiate verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. b. Federal contractors already enrolled at the time of a contract award: Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must initiate verification of each employee assigned to the Page 6 o943iE-Verify MOU for Employer{Revision Date 10/29/08 wWw.ell s,dov/E-Verify E WeriFy CompanylD Number:2, 996 �4A ''�, � IIIIIII Pz is . SERVICE or DES contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. d. Verification of all employees: Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E-Verify verification of all existing employees within 180 days after the election. e. Form I-9 procedures for Federal contractors: The Employer may use a previously completed Form 1-9 as the basis for initiating E-Verify verification of an employee assigned to a contract as long as that Form 1-9 is complete (including the SSN), complies with Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form k9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form -9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article II.C.5, or update the previous 1-9 to provide the necessary information. If section 1 of the Form I-9 is otherwise valid and up-to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. Nothing in this section shall be construed to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor. 2. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. Page 7 of 731E-Verify MOU for Employer�Revision Hate 10/29108 www.dhs.gov/Gverify EVermlfy. Company ID Number: 272996 ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA L Set, rexi¢v in A 58RVICE oz Has 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation., the Employer will provide the employee with a system -generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E-Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo match tentative tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non -match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible Page 8 of 131E-Verify MOD for EmployeriRevision Hate 10/29108 III s.gov/E-Verify 4 EVerify EssRVI�, Company ID Number: 272996 after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will send a copy of the employee's Form I-551 or Form I-766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (furnished and paid for by DHS). 7. The Employer understands that if it cannot determine whether there is a photo match/non-match, the Employer is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non -match. ARTICLE IV SERVICE PROVISIONS SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access the E-Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the &Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take Page 9 of 131E-Veriy MOU for EmployerlRevision Date 10/29I08 www.d hs,gov/6�Veri fy EVerify. Company ID Number: 272996 A15 A SERVICE OF DOE mandatory refresher tutorials. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such a circumstance, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). C. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. Page 10 of 13�E-Verify MOU (or Employer�Revision Daie 10/29/OB W W W.dhs.goVlE,-VCi'ify EVerlmfy Company ID Number: 272996 F z311�1\\:.15 A SERVICE OF SHE To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 888-464=4218. Employer TSI Disaster Recovery, LLC Henry W Elmore Name (Please Type or Print) Electronically Signed 11/04/2009 Signature Date Department of Homeland Security —Verification Division USCIS Verification Division Name (Please Type or Print) Electronically Signed 11/0412009 Signature Date Page 11 of 19�E-VeriFj MOU for EmployeijRevision Date 10129/08 www.dhs.govlE-Verify C SEC. -s VeriFy. E-V F.,`RVICEOFDU Company lu Number: 272996 Information Required for the E-Verify Program Information relating to your Company: Company Name: TSI Disaster Recovery, LLC Company Facility Address: 413G Canoe Creek Road Saint Cloud, FL 34769 Company Alternate Address: County or Parish: OSCEOLA Employer Identification Number: 2G2658624 North American Industry Classification Systems Code: 238 Parent Company: Number of Employees: 5 to 9 Number of Sites Verified for: 1 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) Page 12 of 13IE-Verify MOU for E{nployerlRevision Date 10/29/08 www.dhs.gov/E-Verify EVerify Company ID Number: 2729M i sCC NiiiliurR, IS A SERVICE OF SHE Information relating to the Program Administrator(s)fnr your Company on policy questions or operational problems: Name: Henry W Elmore Telephone Number: (407) 891 - 8005 Fax Number: (407) 891 - 9005 E-mail Address: tsidisaster@embargmail.com Name: Amy M Hartman Telephone Number: (407) 891 - 8005 Fax Number: (407) 891 - 9005 E-mail Address: tsidisaster@embargmail.com Page 13 of 13�E-Verify MOU (or BnployeijRevision Dale 10129I08 www.dhs.y ovl E-Verify MULTI -CONTRACTOR AWARD AGREEMENT # 21-7885 for Beach Maintenance Related Activities THIS AGREEMENT, made and entered into on this day of between Earth Tech Enterprises, Inc. 20 22 , by and authorized to do business in the State of Florida, whose business address is 6180 Federal Court, Ft. Myers, Florida 33905 the "Contractor' and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"), WITNESSETH: 1, AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing © upon the date of Board approval; - and terminating three ( 3 ) year(s) from that date or until all outstanding III❑ Purchase Order(s) ❑ aAl I Ier{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 I (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 []Pi�-rehiase-Grder ❑■ Notice to Proceed. 3, STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Request-44F— fepeeaf--(R1 ❑ ire-vtationk—-�—F-B) ❑ Other; Invitation of Qualification ( IFQ ) # 21-7885 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. 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. Pagel of 33 Multi -Contractor Award Agreement [2027_Wer.11 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 itemsiservices that will be ordered or required by this Agreement. 3.3 d The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope of Services attached hereto, The-1woeed #oF obtain' der this Agfeei 'ent isoufliTied ifl ❑ G ` IJ 4. Tniii reserves the right to e.raan.' b naf sorletioli�'e#-i♦qu♦ �114 19d@tC j� select d-i�a 4.1. 4. THE AGREEMENT SUM. ❑■ The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. ❑■ Contractor's quoted prices for time and materials 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", IEEE - - - ON ~01 l Tl nTRu iFneA Feeemptupon appFBVal tY 5 218, etrverwlse-known -the "69eal-60veFRFAPayment-AetL 4.1 Price Methodology (as selected below): ■❑ Lump Sum (Fixed Price): A firm fixed total price offering for a project, the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. [*Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project, Page 2 of 33 Multl-Contractor Award Agreement (2021_ver.11 ❑ Ufti#-Rr-ise- The eu4"gress to aka 4eta�-ad-prG"d44&We-"l Gos cl g _, a eat -et f-a�etitive PFedUGt OF SeFV4Ge.� 4-e- 'r--Gliage 18"H. The inyoiee must Identify the 4 # rryr: �$r�r r Gost � eriFenr�4i nn �TT]� 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 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4� ❑ �r�nd-t�eisabla--E,>Epe-ri �d-#�eit�bursa#ale--C�per•�es-rr►+��t*be -eieabi:IFsed—as per- �eSt�7" e- Reimm�em�e��t & ealfarA $6-nn Luf �lrTR4T $�-A-99 AWa-re het wr.l4i..ke cost limited tG to WFIGt A „h Winns fare WeRtalr-varr vehlelee Reimbursable iterns.-ather_thap-tpaye�-&x#pRses sh e limited to long distanee i� �:+ r _ r . _. ��a arcennv vrrcre tn.J • Icxr-un�-iyvv]7t6�^JVCtJ `��. $14�1i-JP.-r£DR6ibl•� for all hn'`OStS �annr�-i ex eis ass CrY4ies 1-PVITG1SGCti 1f `',-I.•••rCIGT[RRti~�--p �e -lant io this Ag%e t. `Y 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 # 85-8015965531 C. Pap 3 of 33 Multi-Cantra ctor Award Agreement [2021_ver.1] 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: Earth Tech Enterprises, Inc. Address: 6180 Federal Court Fort Myers, Florida 33905 Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Christopher Gehring _�239) 774-1223 Butch@earthtechenterprises.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, Trinity Scott, Interim Director Division Name: Capital Project Planning, Impact Fees, and Program Management Address, 2685 South Horseshoe Drive, Unit 103 Naples, Florida 34104 Administrative Agent/PM: Andrew Miller, P.E. Telephone: 239 252-2922 E-Mail(s): Androw.Miller@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the D. 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 33 Multi -Contractor Award Agreement 12021_ver.1 ] 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, Q 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. ❑0 Business Auto Liabilit : 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. 0 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, Q Watercraft: $1.ODO.ODO Per Occurrence. E. ❑■ United States Lon shoreman's and Harborworker's Act: Coverage shall be maintained where applicable to the completion of the work $1,000,000 Per Occurrence, F_ F]■ Maritime Coverage (Jones Act): Coverage shall have minimum limits of $1.OQQ.000 Per Occurrence. Page 6 of 33 Multi -Contractor Award Agreement [2021_ver.9] F, FE-1 Pollution : Coverage shall have minimum limits of $1,000,000 per claim. Special equirements: 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 he canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13, INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor, Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Capital Project Planning,Impact Fee & Program Management 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 Page fi of 33 Multi-Gontraclor Award Agreement (2021_var_1I performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. 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, ❑ RR:Y ❑ 4TOW Other Invitation of Qualification (IFQ) #21-7885 , including Exhibits, Attachments and Addenda/Addendum, ■❑ subsequent quotes and corresponding contract documents, 0 Exhibit C-1 Public Payment Bond, 0 Exhibit C-2 Public Performance Bond, 0 Exhibit D - Release and Affidavit Form, 1•❑ Exhibit E — Form of Contract Application for Payment, ❑B Exhibit F - Change Order, ■❑ Exhibit G - Certificate of Substantial Completion, ❑■ Exhibit H -Certificate of Final Completion, ❑ and ❑■ Other Exhibit/Attachment: Federal Contract Provisions and Assurances 17. APPLICABILITY. Sections corresponding to any checked box (E ) 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 shal# 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, if applicable, 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: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Page 7 of 33 Multi -Contractor Award Agreament [2021_ver.1] Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PtiblicRecordRequest a colliercount fl. ov 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. 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. Q BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any band furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) Page 8 of 33 MUHI-Con tractor Award Agreement I2021-ver.11 calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 23. ❑■ LIQUIDATED DAMAGES, The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner, Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date, Any Work performed by Contractor prior to the Commencement Cate shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation/Scope of Work, The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation/Scope of Work. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation/Scope of Work for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 24. ■❑ PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "D" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "E," 25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between Owner and Contractor, Page 9 of 33 Multi-Contfactor Award Agreement j2021 vent] to such extent as may be necessary in the Owner's opinion to protect it from loss because of; (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of productslmaterials from specifications shall be approved in writing by Owner in advance. 27. FE] CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28. ❑ CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, Page 10 of 33 Multi-C❑nlroctor Award Agreement 12021_ver.1 j and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit T" to this Agreement, shall be issued and executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders_ The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 29. ❑■ CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 39. STANDARDS OF CONDUCT; PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 31. ■❑ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 32.❑ PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C, Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally iiable, 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. Page i'I of 33 Mulli-ContractorAward Agreement ]2421_ver.1] 33, EMERGENCIES, In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations, If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 34, O COMPLETION, When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits' A. The Release and Affidavit in the form attached as Exhibit "D." S. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of lions, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner, D. The warranty in the form attached as Exhibit "I", Page 12 of 33 Multl-ContraGlor Award Agreement [2021_ver.1] Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 35_ ❑ WARRANT-Y—GeA#aetGr pr s"4*aRts that the-g ede7ff:h9tewIs--andAer-equ0meat r-eemerk%Anfarrn_to the ranHiFerne Rts as spe-r.,AerJ Y ill he ef_sat4ae" material free- fr_nm-eGts, Ghhall he deliyernrl freefrnm_ar�LnenLrriFiLi PLU "'Y -� rirl6d�_nder his AgFe- ep l-bn pfr . i _ nrnr e�sx� �4y acGepted prefessional�a�4 —ear-►tNise-- these--w►a pties- tl--survive Wo'eeten, aGGaf4Ge *Ssar1uc&-4 F "i" I pay rtt-by4he-Geunty-. N9tr-aBteF-fLiFthef-warr.,i arrin-ia-me Gewiqty that all materials a l#�-�ReM- i�F f the shall be --applied, pplieed, 444 ' �nnV v[ed, eFeeted—, w_,e �,eaned-an GGn449ned i .. rrinr.,-.n .. riithe ns of ya4 � } 1 pl+efs er r=eee-,ser-s-ex..ept� fOF gF"o.r� i t or r�i If�t-eR- 1'I F O letlnn' an, f 111�r.r�$ tir 'e .or_ r.nF__im e&RfeFFT,v^c-vr �-cn� 'NGentraGtOr Shy written -net ee-ftem tae-ea�rt�r--6v�rtfae�r-tali-elso�e-r per�si�le�fer-a�-fer-replase�er�t er--Fepa+rr-e#-a als- OF' Ale1, w#;-h maybe-daR4a f Rt n w+. inn es4ioh fhGe �,�►r�#�in-add�t�n thne -� �e�+mp++e�w�ar�ar�t+es-te-wlhr,e �-�owRty i5 e 36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37, ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures, 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla, Stat, 39. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Rage 13 of 33 MultI�Ceittractor Award Agreement [2021_ver.11 40, ❑ KEY-R-RE-L—. The--GG tras#ar persalarael a a ager�ae -t[�be u#+I+�ed-fog- I+ts-p a}eGt II�C-0-owledgeab-le4pr4h yir a Gf e-Goun racp'nipc� _ 4hn r r er"1-Fr-9 my +izT ,air --be- ee ►ed-+--that GornpeteRt peeseAe-wilie- the rmr4 ri r oew-as nn 'J '" a Ge ete the tinnely basis, and an peFseR a �--&ha"'�`e available fnr__nP L equate-te-niece-�fel�e�4G^ s. hr., f"`...,�w..n+or• nhnl D4a4ppelzrFl8s'S�hef�iBwIRg oo ona-era_��9pO5 sments have si #ie��r-bett@ that t. e--Goup*t s-notified-i-n-wrlt+Rg-a&-faF Go ake eFc4a le eff days of the nhnnge. Th s Final nnnroyin�_� � F ■❑ AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise, The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 41. u GPDE-o OF PR-EC€DENCE In +ham eyeA of ,ten fl etween-or--a 9 ie terc corms of a y Of -the r^GR ram Gt r7OGum i� t , n�e Q;''Rt� I TTII Board-appFevder, �„�..,,+,..., ..r.,r..GontraGtDn ewfte KaH- ; eeedar - 0 ORDER 4F PRECEDENCE (Grant Funded.). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the. Contractor at County's discretion, 42, ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void, If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 43. SIECURIT_Y. 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 Page 94 of 33 Multi-Gonlractor Award Agreement [2021_ver.1] and can be renewed each year at no cast 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[7a 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. 44. ❑■ SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any divisionldepartment 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 96 of 33 Multi -Contractor Award Agreement [2021_ver.1) IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Crystal K. Kinxel, Clerk of Court Comptroller By: By: Chair Gated: (SEAL) Coetracto itnesses: Earth Tech Enterorises, Inc. Contractor k 1 By: Contractors First Witness Signature KA0- S w EN'r G��tsroPHf-+R- GE1+21�G �Type/print signature and title' ' Typelprint witness name's Contractor's econd Witness TTypelprint witness nameT /APRroved as to Form and Legality. County Attorney Print Name Page 16 of 33 Multl-Contractor Award Agreement 1202rcv7l ) 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 K. Kinzel, Clerk of Court & Comptroller go Dated: (SEAL) Contractor's Witnesses: Contractor's First Witness TTypelprint witness namcT Contractor's Second Witness TTypelprint witness nameT raved as to Farm and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: - Chair Earth Tech Enterprises, Inc. Contractor 0 Signature TTypelprint signature and titleT Page 16 of 33 Multi -Contractor Award Agreement 12021] 010 , Exhibit A Scope of Services ■❑ following this page (pages 1 through 3 ❑ this exhibit is not applicable Page 17 of 33 Multi -Contractor Award Agreement (2021 _ver.1 ] Invitation for Qualification (IFQ) # 21-7885 "Beach Maintenance Related Activities" EXHIBIT A SCOPE OF SE11VICES BACKGROUND The purpose of this solicitation is to provide cleaning and other various beach and waterway services to County beaches and grounds in various nuisance situations such as seaweed, red tide, or fish kill events, and inlet sedimentation shoaling buildups that are beyond the capacity of County staff. The maintenance activities associated with this contract will include but not be limited to escarpment removal, beach tilling, debris removal, waterway channel cleanups, beach grading and "urgent" mechanical dredging events to shoaling channel inlets. DETAILED SCOPE OF WORK This Scope of Services is intended to provide the information by which Contractors may understand the requirements of Collier County relative to one (1) or more Contractors providing labor and equipment to perform maintenance activities on the beaches and waterways in Collier County including, but not limited to, Vanderbilt Beach, Park Shore, the City of Naples, and the City of Marco Island, The County's intent is to award to a pool of Contractors who meet the minimum criteria and qualifications. At a minimum awarded Contractor must possoss a State of Florida General Contractor or Marine Contractor license, All work performed will meet or exceed County L]tility Teohnical Standards, see link below: litttss:lhvww.colltercountyil.�ovlyour-tcnvernnnenthlivisions-f-rlt}uhlir-uti �it��s-�Iktnnin�-and-11�'oicct- manaeementlutilities-standards-manual The Contractor will provide beach maintenance consisting of, but not be limited to, the following: 1. ESCARPMENT REMOVAL: The formation of ridges which interfere with marine turtle nesting or which exceed eighteen (18") inches in height for a distance of one hundred (100') feet or more shall be mechanically leveled to the natural beach contour. The use of a road grader is the preferred method for performing this function. BEACH TILLING: The Contractor may till the beach in preparation for sea turtle nesting seasons, and beach renourishment related project areas between the seaward edge of vegetation/seawall line and the mean high water line (approximate elevation, 1.7 NGVD) with equipment operated so as to penetrate and loosen beach sand (a) to a depth of twenty-four (24) to thirty-six (36") inches and (b) laterally without leaving unloosened compacted sand between the adjacent paths of tines or penetrating part of the equipment. (Suitable equipment is Caterpillar D9L1No. 9 Adjustable parallelogram Multishank Ripper, or equal or a combination of suitable equipment for the intended work,) Upon completion of any tilling, the beach shall be evenly dragged to remove any ruts created by the tilling process for a uniformed surface, 3. D>E;BR1S REMOVAL: After certain storm events, it may be necessary to remove excess debris which cannot be removed by the routine beach cleaning operation, Debris removal will also include red -tide (fish kill) events. Such may involve the use of front-end loaders (wlroot rake), backhoes, skidders, dump trucks and labor as required, 4. BEACH GRADING: Fallowing activities such as debris removal, it may be necessary to perform certain beach grading to remove tire ruts and restore changes to the natural beach contour as a result of those activities. The use of a large box blade (minimum width of twelve (12) feet) or other similar equipment is preferred for performing this function, 5. CHANNEL & WATERWAYS: Page 1 of 3 Exhibit A — Scope of Services Invitation for Qualification (IPQ) # 21-7855 "Beach Maintenance Related Activities" In storm related events, such as red tide (fish kills) or other related catastrophes of any sort, there are instances where county staff cannot provide the level of required services to remove debris, the Contractor shall provide the required labor and equipment to assist as needed to remove debris and dead fish kill. G. MECHANICAL "URGENT" DREDGING; There are occasions when large accumulation of sedimentation buildup and shoaling will occur during storm events at the mouth of channel inlets causing restricted navigational conditions and boats running aground; in such conditions the Division will need to mechanically dredge the channel inlet as a matter of life and safety conditions. In such instances the Contractor will utilize a barge and extended long -reach excavator to remove the sand accumulation and place in an approved permitted nearshore or upland disposal area. 7. SAFETY: All Contractors and subcontractors performing service for Collier County are required and shall comply wills 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. S. PILL INSTALLATIONS; The Contractor may install specified pilings in the designated location of the channel ways situated throughout Collier County for navigational signage as required. The piles will be provided by the County consisting of either fiberglass grade materials or marine grade timber. The pilings shall be jetted at a minimal depth of embedment to support navigational aide and signage as required and provided by the county. 9, PROCEDURES FOR ❑ISTRI13UTION OF WORK: All awarded Contractors are expected to submit quotes for each Request of Quotation that will be issued under the resultant contract, for the duration of the contract, Repeatedly failing to submit a quote, when requested, may result in the removal of the awardee from the contract pool. Procedures for proAcets wi h a value of up to $1 004 000 are as follows: l . Quotations shall be solicited from all the awarded Contractors. Completion time and the collection of liquidated damages may be specified in the, request for quotation. 2. Contractor may respond with the quote within ten (10) business days. The County's Project Manager or designee will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. 3, Performance and Payment Bonds are applicable for projects over $200,000. 4. Any project over $500.000 must be presented to the Board of County Commissioners for approval. 10, ON -CALL URGENT SERVICES: Urgent work shall be defined as any work that is not scheduled. Urgent work will be completed on a rotating schedule with one (1) Contractor designated for a one (1) week period. Fach awarded Contractor shall supply all County departments utilizing the resultant contract with a Ininimum of two (2) twenty-four (24) hour urgent contact phone numbers. All Contractors must participate in the urgent work rotation, which will be equally divided among the awarded Contractors. The annual schedule will be developed at a meeting with all awarded Contractors at the beginning of the contract term, and annually thereafter. The Contract Administrator or designee will manage and maintain rotation schedules on a basis that ensures a relatively even distribution of the work. Urgent requests trust be acknowledged and an site with a County designee within twenty4bw (24) hours to evaluate the job, crews and equipment. Contractor must provide a Time and Materials Not to Exceed (T&M NTE) quote within 24 hours of the visit and also provide a schedule to complete required repairs. If maintenance Page 2 of 3 Exhibit A — Scope of Services Invitation for Qualification (IFQ) #r! 21-7885 "Beach Maintenance Related Activities" of traffic (MOT) is needed, the contractor shall have three (3) hours from the quote submittal to set up MOT. The County may require the Contractor to secure work area via a temporary repair. Should a Contractor fail to respond to an urgent call the next Contractor in rotation shall be contacted. Any failure to provide coverage by a Contractor, may be subject to termination. Urgent services may be required after a hurricane or other .natural disaster event. `Chcy County reserves the right to request services from contractors outside of the awarded contract, during a declared local state of emergency. 11. INVOICES, All T&M NTS work assignments will utilize a fee schedule for labor/parts/equipment. Fee schedule rates, which are subject to additions or deletions, will be negotiated with the awarded Contractors and will be added to the contract for utilization. For all T&M NTE work, Contractor(s) shall be required to provide backup documentation of Contractor's time and proof of the subcontractor services and/or parts/materials/supplies/equipment by providing invoices and recoipts at the time of invoice submission. Ancillary charges may be transferred to the County in the actual amount, mark-ups will not be allowed. Mark- ups will not be allowed on sales tax. Awarded Contractors agree to the following, as it pertains to markups and labor rates on T&M NTE work: 1. The mark-up on rental equipment shall not exceed 10%. 2. The mark-up on materials shall not exceed 10°!0. 3, The mark-up on subcontractors shall not exceed 151/6, A copy of Me Subcontractor invoice must be provided, 4. The labor rates provided by the Contractor are to be fully burdened to include overhead, insurance, profit and use of company owned small tools and equipment. 12, RATE INCREASES: The Contractor may request a rate increase annually (Three hundred sixty-five (365) calendar days from contract commencement month/day). Retroactive rate adjustments are not authorized. I. Submit rate increase requests in writing via email to the Division Contract Administrator for consideration. Rate increase requests review and approval may take up to thirty (30) days to complete, 2. The Contractor shall provide supporting documentation justifying rate increases (examples. supplier material agreements, proof of fuel increases, etc.). 3. The Contract Administrator shall conduct a rate analysis to determine if rate increases are fair and reasonable. 4. During the review process, the Contractor sliall continue to rill all purchase order~ received at the current contract rates S. The Pr-acurement Director has the authority to approve or deny rate increases. b. Rate increase requests are not guaranteed. If approved, the Contract Administrator or designee will notify the Contractor in writing with the effective date of any approved rate increases and in accordance Procurement Ordinance, as amended. 13. GRANT COMPLAINCE: The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. The County reserves the right to waive any or ail of these requirements i r i n the best interest of the County and to separately solicit any job. The County reserves the right to supply all necessary parts for selected projects and repairs. Page 3 of 3 Exhibit A — Scope of Services 0 following this page (pages through [] this exhibit is not applicable Exhibit 8 Fee Schedule Page is of 33 Multi -Contractor Award Agreement 12021 _ver.1 J EARTH TECH ENTERPRISES, INC. T & M RATES FOR EMERGENCY WORT( ONLY Line # Description (All rates are inclusive of equipment with operator and mobilization Unit of Measure Total 1 1 Backhoe ( mini excavator) Hourly $95.00 Backhoe ( mid size excavator) Hourly $135.00 Backhoe ( large excavator) Hourly $195.00 2 Hurnp Truck ( with driver) Hourly $85.00 3 Tractor with Box Blade Hourly $95.00 4 Loader Hourly $115.00 5 Tilling ACRE $800.00 Grader Hourly $125.00 Additonal T & M Rates and Equipment for Emergency Work Only 7 Equipment Operator Hourly $35.00 8 Foreman (with truck) Hourly $45.00 9 Project Manager Hourly $85.00 10 11 Equlpment Mobilization EACH $500.00 12 Equipment Mobilization -tilling EACH $1,500.00 13 14 15 16 17 18 19 20 21 22 01 /04/2022 Collier County Procurement Services Division 3295 Tamiami Trail E, Cw2 Naples, FL 34112 Principal: Earth Tech Enterprises, Inc. Bond #: Project: Please accept this letter as authorization to date the referenced bonds and power of attorney concurrent with the contract date. Please forward a copy of the dated bonds and power of attorney to our office via email to Info@FLSuretyBonds.com. Please call our office with any questions. Respectfully, Smith Insurance & Bonds Matthew T. Smith Attorney in Fact for Surety SMITH& BOR4 DS ❑ this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That 1 a$ Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ _ _} for the payment whereof we bind ourselves, our representatives, successors and assigns, jointly and severally. heirs, executors, personal WHEREAS, principal has entered into a contract dated as of the ,day of 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1 ), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants, IN WITNESS WHEREOF, the above parties have executed this instrument this _day of , 20_, the name of under -signed representative, pursuant to authority of its governing body. page 19 of 33 Multi -Contractor Award Agreement (2021 ver.1 ] Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL - By: Name: Its: The foregoing instrument was acknowledged before me by means of ❑ physical presence or IJ online notarization, this of 20, by , as of , a corporation, on behalf of the corporation, He/she is personally known to me OR has produced as identification and did (did not) take an oath, My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Page ZO of 33 Multl-Contractor Award Agreement (2021_ver,i 1 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or Q online notarization, this of 2 , by , as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 21 of 33 Multi -Contractor Award Agreement [2021_ver.11 ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of _ ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 20—, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that If Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that oblige sustains because of any default by Principal under the Contract, Including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or otherwork to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 22 of 33 Multi-Contraclor Award Agreement [2021_ver.11 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255,05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige, IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF By: Name: Its: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this of 20 by IF as of , a _ corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 or 33 Multi -Contractor Award Agreement [2021_ver.1] ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this of 20, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 24 Of 33 Multi -Contractor Award Agreement (2421 ver.11 .i . [] this exhibit is not applicable EXHIBIT, RELEASE AND AFFIDAVIT FORM COUNTY OF ( ? STATE OF( ) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: who after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated _ _ 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of hens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given In connection with Contractor's [monthiylfinal] Application for Payment No. _- Witness Witness STATE OF COUNTY OF CONTRACTOR BY. ITS: DATE: [Corporate Seal] The foregoing instrument was acknowledged before me by means of © physical presence or Cl online notarization, this of 20, by , as Of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public -State of Florida) (,AFFIX OFFICIAL SEAL) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: page 25 of 33 Multi -Contractor Award Agreement 12021_ver.11 ❑ this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) Bid No. Project No. Application Date Payment Application No_ for Work accomplished through the Date: RE: (Project Name) Original Contract Time: Revised Contract Time: Retainage Q 10% thru [insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ Original Contract Amount: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date Less previous payment (s) AMOUNT DUE THIS APPLICATION - ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge In full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application~ for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were Issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, In fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional DATE: (DP's Name) (Signature) (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Page 26 of 33 MuItl-Contraoior Award Agreement t2021—ver.11 ❑ this exhibit is not applicable EXHIBIT F CHANGE ORDER ❑ Contract Modification ❑ Work Order Modification Contract #: Change #: Purchase Order #: Project #: Contractor/Firm Name; Project Name: Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current 8CC Appro�A-d Amount _ Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/01 Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/01 Change from Current BCC Approved Amount Cumulative Changes $ 0.00 #DIV/01 Chan e from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original last Approved Revised Date Date Completion Date Date Includes this thanR e) # of days Added Select Tasks []Add new task(s) ❑ Delete task(s) ❑ Change task(s) 0 Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested changes) to the task(s) and / or the additional days added (If requested); 2,) why this change was not Included In the original contract; and,1) describe the Impact if this change Is not processed. Attach additional Information from the Design Professional andlor Contractor if needed. Prepared by: Date - (Project Manager fame and Division) Acceptance of this Change Order shall constitute a modification to contract I work order identified above and will be subject to all the same terms and conditions as contained in the contract /work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall oonstitute a full and final settlement of any and all claims of the Contractor / Vendor I Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, If project applicable) Approved by; Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Procurement Professional Page 27 of 33 Multi -Contractor Award Agreement I2621_ver.1I ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: IV OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 20 of 33 Mulil•Gontractor Award Agreement 12021_ver.1I The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on $ 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20_ CONTRACTOR By, Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20_ OWNER By: Type Name and Title Page 29 of 33 Multi-Controctot Award Agreement 12021_ver.1I ❑ this exhibit is not applicable OWNER'S project No. PROJECT: CONTRACTOR Contract For Contract hate EXHIBIT H CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents = DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 30 of 33 Multi -Contractor Award Agreement [2021_ver.1] Executed by Design Professional on 0 1 20 _ Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 0 OWNER Type Name and Title Page 37 at 33 Multi -Contractor Award Agreement [2421 ver.1] 0 this exhibit is not applicable EXHIBIT.I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace andlor repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 32 oi'33 Multi -Award Agreement 2017 006 yrr, I Other Exhibit/Attachment Description: Federal Contract Provisions and ,Assurances 0 following this page (pages 9 through 15 ) ❑ this exhibit is not applicable Page 33 of33 Multi -Award Agrccmcnt 2M.O(K) Wer.1 EXKBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U,S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide (Version 4, most recent update, Effective June t, 2020) UWSIT I - 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the disaster Recovery Act of 2016, the County and the Contractor acknowledge and agree that no language in this contract is Intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States, Changes: To be eligible for FEMA assistance under the non -Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 30 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract, Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Termination: See Standard Purchase Order and/or Contract Perms and Conditions Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3709) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such taborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek, (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Withholding for unpaid wages and liquidated damages The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section," Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office_ 3. The contractor agrees to Include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R, pt. M and 2 C.F.R. pt, 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F,R. § 180.906) are excluded (defined at 2 C.F.R. § 180-940) or disqualified (defined at 2 C.F.R. § 180.936), (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C,F,R. pt. 3000, subpart C and must Include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt_ 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification, Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any EXHIBIT 1- 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." Procurement of Recovered Materials (§200.323) (Over $10,000); 1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. 2. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https:11vvww.epa.gov/smm/comprehensive- procurement-guideline-cpg-program 3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." Contracting with small and minority businesses, women's business enterprises, and tabor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, Women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include; (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. Domestic Preference for Procurements 200.322 (a) As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred In the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. EXHIBIT I -4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES TELECOMMUNICATIONS EQUIPMENT OR SERVICES Prohibition on Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements, roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause (b) Prohibitions. (1) Section 889(b) of the John S, McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No, 115-232, and 2 C.F.R, § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — a. A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: a. Covered telecommunications equipment or services that: I. Are not used as a substantial or essential component of any system; and ii, Are not used as critical technology of any system. b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tler or by any other source, the contractor shall report the Information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order WM1RIMW EXHIBIT I FEDERAL_ CONTRACT PROVISIONS AND ASSURANCES number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(1) of this clause: Any further available Information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments, (f) Detlnitions Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phonesltowers to the core telephone network). Sackhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet) Covered foreign country means the People's Republic of China. Covered telecommunications equipment or services means— a, Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); b. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary oraffillate of such entities); c. Telecommunications or video surveillance services provided by such entities or using such equipment; or d. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. Roaming means cellular communications services (e,g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. Telecommunications equipment or services means telecommunications or video surveillance equipment or services, such as, but not limited to, mobile phones, land lines. Internet, video surveillance, and cloud servers. EXHIBIT I - 6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted_aprnstructipn contract" in 41 C,F.R. § 60.1.3 must include the equal opportunity clause provided under 41 C_F.R_ § 60- 1 A. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause- (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to Individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared Ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be Imposed and remedies invoked as, provided In Executive Order 11246 of September 24, 1968, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law- (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, EXHIBIT I - 7 EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or Is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding STATE PROVISIONS Equal Employment Opportunity: No person on the ground of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, otherwise subjected to discrimination. Discriminatory Vendor List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. Notification: The Contractor shall notify the County If it has been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on Its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0916, Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for two years thereafter shall have any Interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. Record Retention. A. The contractor shall maintain and retain sufficient records demonstrating Its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, the State, or its authorized representatives access to such records for audit purposes upon request. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 24.055(5), Florida Statutes. EXHIBIT I - 8 EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCES Conflict of Interest: This ContractlWork Order is subject to chapter 112, F.S. The vendor shall disclose the name of any officer, director, employee, or other agent who is also an employee of the State. Grantee shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent (5%) interest in the Contractor's company or its affiliates. In order to comply with Florida Auditor General report 201 4-064 regarding conflicts of interest and to be consistent with Section 287, 057(17)(a)(1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitor to the FDIEP, County, permittee and engineering consultant. Data Collection: All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: https:llfloridadeg_.goylwaterlbeaches-inlets-poi-tsldocumentslmonitoring-Dverv-iew-2hysical- mon itoring.. Diversity: All contracting and subcontracting opportunities afforded by this solicitation/contract embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. Firms qualifying under this solicitation are encouraged to submit bidslproposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidderslofferors, including those who qualify as a Minority Business vendor. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. Applicable Laws: The contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the County. The contractor acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. Local Preference: Pursuant to Section 255,0991, F.S. local vendor preference is not applicable. EXHIBIT I - 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES PAGE LEFT INTENTIALLY BLANK EXHIBIT I -10 EXHIBIT i I'Mr-RAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract, The contractor wilt comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (t ) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (M) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, tho grant requirements identified in this document. Vendor/Contractor Name Barth Tech Enterprises. Inc Dote June ? 2.P21 _ Authorized Signature ring - President EXHIBIT I - 11 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, 5USPEN510N, INELIQ1131LITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor Its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Earth Tech Enterpri Inc. By: I ' Signature Christopher Gehring - president Name and Title 01 a0 Federal Court Street Address Fort Myers, Florida 33205 City, State, ZIP 171511137 DUNS Number June 7, 2021 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TED FEMA Project Number: TSD VXHIBIT I - 12 EXHIBIT I FEDERAL CON TRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED ❑ISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status will he verified. Unverdab4 statuses w4fl requite a4e PRIME to either provvde a erased statement ar provide wwee documentation that vandares a status, A. RRfME VEN✓pOR/CONTRACTOR INFORMATION PRIME IJAME PRIME fF10 NLJM$1,A _ GUNTRA T DOLLAR AMOUNT Earth 7erh I-nterprles, Inc. 59 3679652 TRD IS THE RRIbIE A PtORIDA-CFATIPIED OBADvAtrr4,G10, V TT 04N Y Pi iS THE ACT1VF- OF THIS CONTRACT— MINORITY OR WOMIN BUSINESS ENTERPRI5V DOV Y C0t45TR1)GTI0N? N t60#,IUMAYBEi OR HAVE A SPnAtt OISADvANIAGE6 MDE? V # y GON$ULTAT10N7 IJ BL15111ES5 dA tER11F1CAT10N KOM T11E SMALLbUSINESS ADMW1 5MATItlNT A SERVICEDISA.ISLIDVE`r AtJ0 W&E? Y 6TliER`i Y SIDMW Y yS 7HI5 i VOIAISS'QN A REVISION? V CNJ IF YES. RE-ASJW4 MUNIDER B. OF MIME HAS SUKONTRACT[fROR SUPPLIFR WHO IS A DISAi}VANTAGED (MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCtRN OR SERVICE DISABLED VETERAN, PHRAE IS TO rOMPLEEE'TMS'NEXT SEC DON DBE M%WBE SUMONTRACTOR Ort SUPPLJER TYPE OF WORK OR MNICM [ODE SUBISUPPUER PEfrC£NT OF CONTRACT VETERAX NAME SP[CLAL" 3e0 LtNoy+] DOLIAA AMOUNT DOLLARS TBI] TOTALS C. SEEMON TO BE COMPLETED BY PRIME VENDORJCON'I RACTOR NAME QF wamnTER [7ATF TREE OF SUBMIllTER Earth Tech Entarprises, Inc. Junc 7, 2021 President C1611MLADDRESS OF RAME tSUBMinYFR TKLZP140NE NUMBER FAX NUMBER hutch c@earlhtechenterprlses-corn 230.1-774-1223 239-774-1227 NOTE: ThkS intIMMatlGn iS Ynd to track and retrort w4apated 011 ew M61 PaMlapetion In fedei 3VdUltded Lahtracu. The dntlOpotad DEE W MDE amount IS YOltmary imel will tiot beuAna part 4f the rnrdrarWol termer Thla iorm must be sLIbrnYtmd at tim@ Of FeSPOnSeto a solicitation, it and when awarded a Caunty contract, the prune will be afked to update the information far the grant romrante fries. ,; L'S'Itk11EiIT1i rtsot 61�.k arneriran flA I�ispauicamer7fan HA :Zritan L4ativ KA Subcont. Allan Anienran SAA Asim-P'UktlRAwrim APA Non -Minoru} Womtrn NASW 00k:r: not of arrY Other Imp listed o D. SECTION TO RE COMPLETED BY COLLIER COUNTY V,EPAA."AFNTNSME DULL ItRWNTRACTe 1FE;RFPorPO,'R£r] I GAANTPROGRAMIMMYRACT AGCEP7ED Dr. DATE EXHIBIT I - 13 (.nLLI�R CC}r lN1'Y 611ANT CON'I'Lil NCF rgRM BID OPPORTUNITY LIST FOR COMMODITIES, CONTRACTUAL SERVICES OR PROFESSIONAL CONSULTANT SERVICES it is the policy of Collier County that disadvantaged businesses ornd minprity vendors, as defined in the Cade of Federal Regulodam 1CFR) or Florida Statutes IFS). rnusi have the annortuniiv to vo(aclpote orr contracts with federal and/or state grain ussbtonce. Prime ContrartOPrime Consultank; Address and Phone Number: Prar:uremenl Number/Advertisement Number: Earth Tech Enterprises, Inc. 6180 Federal Court Fort Myors, Florida 33905 IFQ 21-7865 Beach Mriinlenance Related Activities The list below is intended to be a listing of firms that are, or atterrtpting to, participate an the project numbered above, The list must Include the flfm bidding or quoting as prime, as well as subs end suppliers quoting for participation. Prime rontraetors and consultants must provide information for Numbers 1, I, 3, and 4; and, shoutd provide any Information they have for Number$ 5, 6, 7, and S. This form must be submitted with the bid parkaga. 1. Federal Tax ID t4urriher: 59-3679652 6, DBE 2. Annual Gross Rccaipls 2. Firm Name: Farth Tech Enterprises, Inc. Noll i)Rr' Less than $ 1 million 3. Phone Number: 2,3-774-1223 Between r 1-5 million 4. Address 6180 Federal C.uurt Between $ S-10 million Fort Myem. Florida 33906 7. Subcontractor Between $10,15 million Subcorsultant W More than $ 15 million S. Year Firm Established: 2000 1, Federal -Fax ID Number: 68 00 8. Annual Gross Receipts 2, Firm Name: Nan -DBE Less than $1 million S. Phone Number: Between $ 1-5 million 4. Address Between $ 5.10 million 7, Beiween $10-15 million aSubcontractor subconsuttanl More than $15 million 5. Year Firm Established; 1. Federal Tax ID Number: fi. ❑ 1}BE 8, Annual Gross Recelpts 2. Firm Name: Lam. Jl Nan•DBE Less than $ 1 million 3. Phone Number: Between $1-5 million 4. Address ftetween $ 5-10 million 7.[] subtantractor Between 5 10-15 mlllion 5ubconsultant More than $15 million 5. Year Firm Established; 1. Federal Tax ID Number: G. ® DBE 6, Annual Gross Receipts 4 Firm Name: Non•DBE Less than $ 1 million 3. Phone Number; Between 5 1-5 million 4. Address Between $ 5. 4 million 7.[] Subcontractor Between $ 10.35 million 5ubronsultant More thari $ 35 million 5. Year Firm Established: ti CCA EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION To be submitted with each bid or offer excoccling $100,000 The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connectlon with the awarding or any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of thls certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certihoalion is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U_S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subiect to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 'rhe Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U,s.C. § 3801 et seq., apply to this certification and disclosure, if any, Earth Tech Enterprlses,ln Contractor (Firm Name) Signature of Contractor's Ayfiorfaed Official President Name and Title of Contractor's Authorized Offlciat Juno 7, 2021 Date EXHIBIT I -15 MULTI -CONTRACTOR AWARD AGREEMENT # 21-7885 for Beach Maintenance Related Activities THIS AGREEMENT, made and entered into on this day of 2022 , by and between Kelly Brothers, Inc. authorized to do business in the State of Florida, whose business address is 15775 Pine Ridge Rd., Fort Myers, FL 33908 , (the "Contractor") - and Collier County, a political subdivision of the State of Florida, (the "County" or "owner"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing ❑E upon the date of Board approval; -ate^ and terminating three ( 3 ) year(s) from that date or until all outstanding ■❑ Purchase Order(s) ❑ WediSS) 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 ❑t4r4&ha&e-Qr-de� *Notice to Proceed. 3, STATEMENT OF WORK, The Contractor shall provide services in accordance with the terms and conditions of ❑ Pew--fer—Pr-eposal (RFP) ❑ ❑ Other: Invitation of Qualification ( IFQ ) # 21-788 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. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 33 Multl-Conlractar Award Agreement 12021_ver.11 12 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. ❑ �+n ❑ r- idx , Me#edeteQ".,leete d :., 4. THE AGREEMENT SUM, 0 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, 0 Contractor's quoted prices for time and materials shall be based on Exhibit 13- 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". ❑ The Gf.upt sh.all_rti_ir the GeptFaete� F e nt an erEiroa*d ILA Vl/114� uuav� 1 fnaximum amount Of ($ 1+1rht—{P•�' I�LL� 'd On fefrAed G pen appFevai by t4&-Geunty's G"''I L ArJ rr�: nick, �•�•nr. �xii4h f�h.e rL 8AtF Manager-randter ., e eaI-GQv a Fnrne A -W--efrtp , 4.1 Price Methodology (as selected below): 0 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. 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 would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Page 2 of 33 Multi contractor Award Agreement [24211 ver.1] C �tll ❑-Rr+se^�r'� ry r c� +n nya%y an firm._tntal f:" �jf.}re-(�, ff installatief4eR,ale nr_e•.aFtSM etG+ The iny ine. Mustri'deRtify the �rYoarrvr�, rvv it the ,n nu tuber nf.u_ini4r_r•+ i 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budgets}, 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 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4--5 [] T-Fave! and4kWmbursa#ale-Expefwe&— I-wd ReiMbUFSable Expenses t be ' i'S77'1 ""I n f o in4re.__---Y --Wepsen A:ba he-Fe4ii�ef DelrnburesamLtle4texmn o �y, :FaVel.e, h n r.. with .�"RTLI'T'LTR'4r'f�r. ��i�J�--�'ht� ' y ReOnbursale e items ur111- i�cx distance ehBFge5, fax ll Jf�v-rrrr_� v steal. ern fnC TP,. } T+r�zrm�.,@ y s�y esnses ra +i •,i ynh nii�ri♦•iexn .nnr�� i4•• r nt7 t ►-'his Ag-ree►mef+t- F 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. Page 3 of 33 MulthContraetor Award Agreement t2021_ver,1I G�� 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Kelly Brothers, Inc. Address: 15775 Pine Ridge Rd. Fort Myers, FL 33908 Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Dane Kelly, President 239 482-7300 estimat! n keil bros.net All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Trinity Scott, Interim Director Division Name: Capital Project Planning, Impact Fees, and Program Management Address: 2685 South Horseshoe Drive, Unit 103 Naales, Florida 34104 Administrative Agent/PM: Andrew Miller, P.E. Telephone: 239 252-2922 E-Mail(s): Andrew.Miller colliercount fl. ov 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 of to constitute the Contractor as an agent of the County. B. 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 33 Multi -Contractor Award Agreemerl 12021_ver.11 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 Liabilit ; Coverage shall have minimum limits of $1,00.0-000 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. F07 Business Auto LiabilI11L. Coverage shall have minimum limits of $ 11,000 000 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, 0 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 $ for each accident. D. ❑>A Watercraft: $1,000,000 Per Occurrence. E. 0 United States Longshoreman's and Harborworker's Act: Coverage shall be maintained where applicable to the completion of the work $ 1,000,DQQ Per Occurrence. F. d Maritime Coverage (Jones Act): Coverage shall have minimum limits of $ Per Occurrence. Rage 6 of 33 Multl-Contractor Award Agreement (2021_ver.1I F. 0 Pollution : Coverage shall have minimum limits of $1,000,000 per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Molder 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. 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 Capital Project Planning,Impact Fee & Program Mana ement 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 Page 6 of 33 Multl-Contractor Award Agreement i2021_ver.1 j ' 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), M Exhibit A Scope of Services, X Exhibit B Fee Schedule, ❑ Rom/ ❑ IT-9/■❑ Other Invitation of Qualification (IFQ) _ #21-7885 , including Exhibits, Attachments and Addenda/Addendum, ❑■ subsequent quotes and corresponding contract documents, X Exhibit C-1 Public Payment Bond, Q Exhibit C-2 Public Performance Bond, 0 Exhibit D - Release and Affidavit Form, X Exhibit E — Form of Contract Application for Payment, ❑■ Exhibit F - Change Order, X Exhibit G - Certificate of Substantial Completion, [K Exhibit H -Certificate of Final Completion, 0 fix iW4—Wa y, and [K Other ExhibWAttachment: Federal Contract Provisions and Assurances 17. APPLICABILITY. Sections corresponding to any checked box (N) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19, PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05. as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, 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: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Page 7 of 33 hrlalli-Contractor Award Agreement [2021ver,1] Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PubiicRecord Reg uest coIliercount fl. ow 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 shalt 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, 0 BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. if the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) Page 8 of 33 Multi -Contractor Awatid Agreement 12421_ver.11 calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 23. ■❑ LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation/Scope of Work. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation/Scope of Work. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation/Scope of Work for each calendar day thereafter until substantial completion is achieved, The project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 24. ■C] PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "D" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "E." 25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between Owner and Contractor, Page 8 of 33 Multi -Contractor Award Agreement (2421 uar.11 to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written Notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of productslmaterials from specifications shall be approved in writing by Owner in advance. 27. QQ CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension, C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28. ■�] CHANGES IN THE E WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, Page 14 of 33 Mum -contractor Award Agreement [2021wer.l l and Owner shalt not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "F" to this Agreement, shall be issued and executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes, Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order In the manner as Owner and Contractor shall mutually agree. 29. ❑M CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 30. STANDARDS OF CONDUCT: PROJECT MANAGER SUPERVISOR EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 31. Q TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval, All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 32_ 0 PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. Page 19 of 33 Mult9•Gontractor Award Agreement [2021_ver.1] 33, EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 34. Q COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract ❑ocuments, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits; A. The Release and Affidavit in the form attached as Exhibit'U." B. Consent of Surety (if applicable) to final payment, C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "I". Page 92 0! 93 MUtil-Contractor Award Agreement [2021 ver.1] Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shell not become due and payable. 35. Ci WARRR4N_Y—G-9n#astef-expfessly- a r-ants flhat o - � t8 +ats—ar l -e +p ent .e,rarJ_455r_Fl-.in A�r 4 nt_A ill ......fnr.r} }rt_}h.-. q- firer epA as speei�ia�L; 1. be ryf cn�ic�a.�i..rY m atefi iC'1� defects, `fGke fpGse -FR ended -ova: 5"kb pa0y'� ed�i„ /� e�rd ir..�GG K nrtna 5Fex4.1��ly ARI 'G77`� �+Cr-fr7�1'vQviT.fCiTTaG�9�cn 11,J motet-pFe#essstandards r1.. u, i Cent'rf.r furthef �auntythat all mater4a-eqinilpment fuH*_4ie"}der the eFeSt8A rleaned Gentry t--Qr ,.,,-, r, ,.1�i� ...J ire .�nnn�.l .+nna. rai�{t�h r5 r,4r5 rr,4inr5a of f,p�nnf�le�tL' -.�reiTfuyrif"vuf �tll'f�ttF�Y�aT�lv�. '�rvrsrTcn��Rrv�'�•• •Y,, ,��•f+�, ie '�J�rs ex ep4_•ss eth�-evgi�e es�ei n.ti r. Fr.rr.�..nna..5nii�h_��L��{�� r wFiften eti4G,. e {rom t .r4 . n1 1I a .,.r be rac pegs rW f.-. .,,•I r.n5i_W .`ar•N w+'�-.�i' 1 ed-ra-trl~66 #r__Th c-ii ` •"irr�r"rr';rm 9f�- 9 }95e 4ri? f k vvut rurm8fi t6-wlil6the- aiwly is .-.r.ii+Ic..J ne• •a_m�t��_ 36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would mane the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida, The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 39, VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters, Page 13 of 33 Multi -Contractor Aweed Agreement [2021_uer.1I 40. �❑1 KE--R€R NNF--L1 lae er►tr�ster pe se el -aid rya alter et o-be ed-fG Ibis p♦-ejie shall be 4 c�1—FA-thei - e4 , �ns a tiQ-..p�l� m+eRe J petnt �`kja_i_i4c-at ed- n ��as manyeaplle nn neGessa" �th,a e.anri ryn nn n��ely basis �+r .J annh .rti�it� 6h.+"kl"FL'� n��nilnitl�- - .�JCTVTr7L�'QTr41,.d 4SA ,b n rnni in4 ^4 4ime_anlnatia3e +n meet 41-.a..YarvLl .l + r I nnf_nh ae�ry rs 1!`a urrFvarr�vrzTrrrccrcrc�... uc meet Personnel un ess�t�-f the sa h: ��ra4inns anciann_ r .+ �e, c�1h as far . in adyanee a I,, a The Gen4 �F.,r shall mak- meroia .., ,., I., }� F':T:ai CYl4��v's'rti r'A�'4' $t�tT,-�Qlfy—rorl ��T�M � � pesedGel #han f F&P I Fe-R @FS9f I- D 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. 000-11, -1 1. i j -0. Ali 1 -1 MY i� I- I W `- a ee - - - ■., f,_ - - - _- W ORDER OF PRECEDENCE Grant Funded), In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 43, SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records, Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor I❑ badges are valid for one (1) year from the date of issuance Page 14 of 33 Multi -Contractor Award Agreement (2021yer.11 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. 44.❑ SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 16 Of 33 Muhl-Cantractor Award Agreernent [2021 ver.1] M IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. FTIV1rt"A Crystal K. Kinzel, Clerk of Court & Comptroller By: Dated: (SEAL) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chair Contractor's Witnesses: Kelly Brothers, Inc. Contractor By: Contractor's First Witness Signature f�- ,c. �-t TTypelprint signature and title' TTy�pe/prriintt witness name` Contractor's Second Witness an, 1} lw}La H�+, �mgrl TType/print witness names' pproved as to Form and Legality: County Attorney Print Name Page 1fi of 33 MuRI-Contreclor Award Agreement 12021 yer.1I eo Exhibit A Scope of Services © following this page (pages 1 through 3 ) ❑ this exhibit is not applicable Page 17 of 33 Multl•Gontractor Award Agreement [2021wer.1 i Invitation for Qualification (iFQ) # 21-7885 `Beach Maintenance Related Activities" RXHIBIT A SCOPE OF SERVICES BACKGROUND The purpose of this solicitation is to provide cleaning and other various beach and waterway services to County beaches and grounds in various nuisance situations such as seaweed, red tide, or fish kill events, and inlet sedimentation shoaling buildups that are beyond the capacity of County staff. The maintenance activities associated with this contract will include but not be limited to escarpment removal, beach tilling, debris removal, waterway channel cleanups, beach grading and "urgent" mechanical dredging events to shoaling channel inlets. DETAILED SCOPE OF WORK This Scope of Services is intended to provide the information by which Contractors may understand the requirements of Collier County relative to one (1) or more Contractors providing labor and equipment to perform maintenance activities on the beaches and waterways in Collier County including, but not limited to, Vanderbilt Beach, Park Shore, the City of Naples, and the City of Marco Island. The County's intent is to award to a pool of Contractors who meet the minimum criteria and qualifications. At a minimum awarded Contractor must possess a State of Florida General Contractor or Marine Contractor license. All work performed will meet ar exceed County Utility Technical Standards, see link below: Ittt s:7lwww.co11iercountyfl.gov/your-govern ment/d ivisions-f- r/ublic-utilities- tannin y-and-pro* cct- manaeement/utilities-standards-manual The Contractor will provide beach maintenance consisting of, but not be limited to, the following: f. ESCARPMENT REMOVAL; The formation of ridges which interfere with marine turtle nesting or which exceed eighteen (18") inches in height for a distance of one hundred (100') feet or more shall be mechanically leveled to the natural beach contour. The use of a road grader is the preferred method for performing this function. 2.. BEACH TILLING: The Contractor may till the beach in preparation for sea turtle nesting seasons, and beach renourishment related project areas between the seaward edge of vegetation/seawail line and the mean high water line (approximate elevation, 1.7 NOVD) with equipment operated so as to penetrate and loosen beach sand (a) to a depth of twenty-four (24) to thirty-six (36") inches and (b) laterally without leaving unloosened compacted sand between the adjacent paths of tines or penetrating part of the equipment, (Suitable equipment is Caterpillar D9L/No. 9 Adjustable Parallelogram Multishank Ripper, or equal or a combination of suitable equipment for the intended work.) Upon completion of any tilling, the beach shall be evenly dragged to remove any ruts created by the tilling process for a uniformed surface. 3, DEBRIS REMOVAL, After certain storm events, it may be necessary to remove excess debris which cannot be removed by the routine beach cleaning operation. Debris removal will also include red -tide (fish kill) events. Such may involve the use of front-end loaders (w/root rake), backhoes, skidders, dump trucks and labor as required. 4. BEACtl GRADING: Following activities such as debris removal, it may be necessary to perform certain beach grading to remove tire ruts and restore changes to the natural beach contour as a result of those activities. The use of a large box blade (minimum width of twelve (12) feet) or other similar equipment is preferred for performing this function. 5. CHANNEL & WATERWAYS: Page I of )Exhibit A — Scope of Services = ,L' AO Invitation for Qualification (117Q) # 21-7895 "Beach Maintenance Related Activities" In storm related events, such as red tide (fish kills) or other related catastrophes of any sort, there are instances where county staff cannot provide the level of required services to remove debris, the Contractor shall provide the required labor and equipment to assist as needed to remove debris and dead fish kill. 6. MECHANICAL "URGENT" DREDGING: There are occasions when large accumulation of sedimentation buildup and shoaling will occur during storm events at the mouth of channel inlets causing restricted navigational conditions and boats running aground; in such conditions the Division will need to mechanically dredge the channel inlet as a matter of life and safety conditions. In such instances the Contractor will utilize a barge and extended long -reach excavator to remove the sand accumulation and place in an approved permitted nearshore or upland disposal area. 'I, SAFETY: All Contractors and subcontractors performing service for Collicr 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. $. PILE INSTALLATIONS: The Contractor may install specified pilings in the designated location of the channel ways situated throughout Collier County for navigational signage as required, The piles will be provided by the County consisting of either fiberglass grade materials or marine grade timber. The pilings shall be jetted at a minimal depth of embedment to support navigational aide and signage as required and provided by the county. 9. PROCEDURES FOR DISTRIBUTION OF WORK: All awarded Contractors ate expected to submit quotes for each bequest of Quotation that will be issued under the resultant contract, for the duration of the contract. Repeatedly failing to submit a quote, when requested, may result in the removal of the awardee from the contract pool, Procedures for projects with a value of UP to $I 000 000 are As follows: I, Quotations shall be solicited from all the awarded Contractors. Completion time and the collection of liquidated damages inay be specified in the request for quotation. 2. Contractor may respond with the quote within ten (10) business days, "rhe County's Praj cot Manager or designee will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget, 3. Performance and Payment Bonds are applicable for projects over $200,000. 4. Any project over $500,000 must be presented to the Board of County Commissioners for approval. 110. ON -CALL URGENT SERVICES: Urgent work shall be defined as any work that is not scheduled. Urgent work will be completed on a rotating schedule with one (1) Contractor designated for a one (1) week period. Each awarded Contractor shall supply all County departments utilizing the resultant contract with a minimrun of two (2) twenty-four (24) hour urgent contact phone numbers. All Contractors must participate in the urgent: work rotation, which will be equally divided among the awarded Contractors. The annual schedule will be developed at a meeting with all awarded Contractors at the beginning of the contract term, and annually thereafter. The Contract Administrator or designee will manage and maintain rotation schedules on a basis that ensures a relatively even distribution of the work. Urgent requests must be acknowledged and on site with a County designee within twenty-four (24) hours to evaluate the job, crews and equipment. Contractor must provide a Time and Materials Not to Exceed (T&M NTE) quote within 24 hours or the visit and also provide a schedule to complete required repairs. If maintenance Page 2 of 3 Exhibit A — Scope of Services a�:�t° Invitation for Qualification (I Q) # 21-7885 "Beach Maintenance Related Activities" of traffic (MOT) is needed, the contractor shall have three (3) hours from the quote submittal to set up MOT. The County may require the Contractor to secure work area via a temporary repair. Should a Contractor fail to respond to an urgent call the next Contractor in rotation shall be contacted. Any failure to provide coverage by a Contractor, may be subject to termination. Urgent services may be required after a hurricane or other natural disaster event. They County reserves the right to request services from contractors outside of the awarded contract, during a declared local state of emergency. 11. INVOICES; All T&M NTE work assignments will utilize a fcc schedule for labor/parts/equipment, Fee schedule rates, which are subject to additions or deletions, will be negotiated with the awarded Contractors and will be added to the contract for utilization. For all T&M NTE work, Contractor(s) shall be required to provide backup documentation of Contractor's time and proof of the subcontractor services and/or pants!materials/supplies/equiprrient by providing invoices and receipts at the time of invoice submission. Ancillary charges may be transferred to the County in the actual amount, mark-ups will not be allowed. Mark- ups will not be allowed on sales tax. Awarded Contractors agree to the following, as it pertains to inarkups and labor rates on T&M NTE work: 1. The mark-up on rental equipment shall not exceed 10%. 2. The mark -tip on materials shall not exceed 10%. 3. The mark-up on subcontractors shall not exceed 1511/0, A copy of the Subcontractor invoice must be provided. 4. The labor rates provided by the Contractor are to be fully burdened to include overhead, insurance, profit and use of company owned small tools and equipment. 12. RATE INCREASES: The Contractor may request a rate increase annually (Three hundred sixty-five (365) calendar days from contract commencement month/day). Retroactive rate adjustments are not authorized. 1. Submit rate increase requests in writing via email to the Division Contract Administrator for consideration. Rate increase requests review and approval may take up to thirty (30) days to complete. 2. The Contractor shall provide supporting documentation justifying rate increases (examples; supplier material agreements, proof of fuel increases, etc.). 3. The Contract Administrator sliall conduct a rate analysis to determine if rate increases are fair and reasonable. 4. During the review process, the Contractor shall continue to Fill all purchase orders received at the current contract rates 5. The Procurement Director has the authority to approve or deny rate increases. 6. Rate increase requests are not guaranteed. If approved, the Contract Administrator or designee will notify the Contractor in writing with the effective date of any approved rate increases and in accordance Procurement Ordinance, as amended. 1.3. GRANT COMPLA1NCE. The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. The County reserves the right to waive any or all of these requirements if in the best interest of the County and to separately solicit any job. The County reserves the right to supply all necessary parks for selected projects and repairs. Page 3 of 3 r- Exhibit A — Scope of Services %+`�' Exhibit B Fee Schedule 0 following this page (pages 1 through 1 ) ❑ this exhibit is not applicable Page 18 of 33 Multi -Contractor Award AgrBamenl [2021_vvr.1 [ T & M RATES FOR EMERGENCY WORK ONLY Description (All rates are inclusive of Line # equipment with operator and Unit of Measure Total mobilization 1 Backhoe (300) Hourly $125.00 2 Dump Truck Hourly $130.00 4 Loader Hourly $100.45 5 Project Manager Hourly $57.00 6 Job Site Foreman Hourly $50.00 Additonal T & M Rates and Equipment for Emergency Work Only 7 Equipment operator Hourly $45.00 $ 160 x 30 Dredge Barge Hourly $45,25 9 Push Boat 16' Hourly $47,50 10 Long Reach Backhoe 55` Hourly $95,00 11 12 13 14 15 16 17 18 19 20 21 22 cw VTC INSURANCE GROUP January 5, 2022 Collier County Board of County Commissioners 3595 Tamiami Trail Bast, Bldg. C-2 Naples, Florida 34112 Re: Kelly Brothers, Inc. Beach Maintenance Related Activities Solicitation No.: 21-7885 To Whom It May Concern, We have the distinct privilege of servicing the bond requirements for Kelly Brothers, Inc. This firm has maintained an enviable reputation for excellence in performance; its corporate integrity sets a standard for the industry. We have issued innumerable bonds covering projects upwards of $12,500,000 in single contracts and $17,500,000 aggregate through U. S. Specialty Insurance Company. U. S. Specialty Insurance Company has a rating of A++ (Superior) Financial Size XV. The company enjoys an excellent bonding line; it's operating, currently under capacity and its bonding line is virtually fully available. We are confident that your investigation has already confirmed the fact that Kelly Brothers, Inc. is exceptionally well managed and financially sound; the organization's credit rating with all suppliers is a model for the industry. We appreciate the opportunity to extend our unconditional recommendation for construction or related undertakings this fine firm may entertain. Very truly yours, We�noee Hingson Attorney -In -Fact for U. S. Specialty Insurance Confidence. For What's Next.'" FORT MYERS OFFICE [ 6820 PokTO rINO CIRCLE, SUITE 2, FORT MYER5, FL 33912 1 P 239.275.8226 N 239.215.8837 TOKIOMARINE kvHCC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That, U.S. SPECIALTY INSURANCE COMPANY (the "Company'). a corporation duly organized and existing under the laws of the State of Texas, and having its principal office In Houston, Harris County, Texas, does by these presents make, constitute and appoint, WENDY LEE HINGSON its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, piece and stead, to execute, acknowledge and deliver band number _ NIA , issued in the course of its business and to bind the Company thereby, in an amount not to exceed Ten million and 001100 1 000,00 Said appointment is made under and by authority of the following resolutions of the Board of Directors of U. S. Specialty Insurance Company: 'Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be if Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attomey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." Adopted by unanimous written consent in lieu of meeting on September 1'r, 2011. The Attorney -in -Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney -In -Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF, U.S, Specialty Insurance Company has caused its seal to be affixed hereto and executed by its Senior Vice President on this 180 day of December 2017_ ayl k �"° U S SPECIAL NSU NCE COMPANY State of California _= IV s County of Los Angeles % 1 S. ga By: ''�•,.,..., "' Adam S. Pes m, Senior Vice President �`N•IIII�1151i51N} A Notary Public or other officer completing this cartificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On this 1" day of June, 2018, before me, Sonia 0. Carrejo, a notary public, personally appeared Adam S. Pessin, Senior Vice President of U.S. Specialty Insurance Company, who proved to me on the basis of satisfactory evidence to be the person whose name Is subscribed to the within instrument and acknowledged to me that he executed the same In his authorized capacity, and that by his signature on the Instrument the person, or the entity upon behalf of which the person acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct WITNESS my hand and official seal, . =1161= Signature (seal) t ti «Mil Y,r r I, Kio Lo, Ass,stant Secretary of U_S Specialty Insurance Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of `++,�+nnnnSfNrq Bond NO NIA Al Agency No, 17050 January 2022 OQL,.r Kla Lo. Assl&A Secretary HCCSZZ POAUSStC=0S8 visa tmhcc.comfsurety for more information ❑ this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ,day of 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(l), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond, The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be tilled by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this _day of , 20—, the name of under -signed representative, pursuant to authority of its governing body. Page 18 of 33 MUiti-Contractor Award Agreement 12021 ver.1] Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL: By: , Name. Its: The foregoing instrument was acknowledged Before me by means of 0 physical presence or GI online notarization, this of 20, by 1, as of .8 corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SFAL) ATTEST: Witness as to Surety (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of _ Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Page 20 of 33 Multi•Contractor Award Agreement [2021_Ver.11 It'1 O As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this of 20 , by , as of a corporation, on behalf of the corporation, He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires; (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name; (Legibly Printed) Notary public, State of Commission No.: Page 21 of 33 Mulli•Contraetor Award Agreement [2021_Mer.1] CAO ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ _� ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract, THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 22 of 33 Multi-Conlraelor Award Agreement [2021 _ er.1] This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige, IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_-__, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal STATE OF _ COUNTY OF By: _ Name: Its: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this of 20 , by , as Of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 or 33 Multi -Contractor Award Agreement (2021 _ver.11 ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization, this of 20_, by . as of — , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name- _ (Legibly Printed) Notary Public, State of Commission No.: Page 24 of 33 Multi -Contractor Award Agreement 12021_ver,l I C ❑ this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF ( ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract l7ocuments and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 20for the period from to _ . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lion or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnity, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given In connection with Contractor's (monthly/final] Application for Payment No.. _ Witness Witness STATE OF COUNTY OF CONTRACTOR iTS: DATE: [Corporate Seal] The foregoing instrument was acknowledged before me by means of n physical presence or IJ online notarization, this of 20, by , as of _ , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public -State of Florida) (AFFIX OFFICIAL SEAL) NAIVIE; (Legibly Printed) Notary Public, State of Commissioner No.: Page 25 of 33 MuHI•CantractorAward Agreement [2021_ver.1t • ' A : L] this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: 1204 Original Contract Time: Revised Contract Time: 'Contractor's Representative) (Contractor's Name) (Contractor's Address) Retainage @ 10% thru (insert date) $ Retainage @ _% after (insert date] $ Percent Work completed to Date: % Percent Contract Time completed to Date _ % Liquidated Damages to be Accrued $� Bid No. Project No. Application Date Payment Application No_ for Work accomplished through the Date: Project Name) Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION- The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: _ (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional ; _ (OP's Name) (Signature) DATE; (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: _ (Type Name and Title) Page 26 of 33 Multi -Contractor Award Agreement [2021_ver.1 ] ❑ this exhibit is not applicable EXHIBIT F CHANGE ORDER ❑ Contract Modification ❑ Work Order Modification Contract #: � Change #: = Purchase Order #: Project #: Contractor/Firm Dame: Project Name; Project Manager Name, Department; Original Contract/Work Order Amount _ Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #D1V/01 Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIVI01 Change from Current BCC Approved Amount Cumulative Changes I $ 0.0Q #DIV101 Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completlon Date Date Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ delete task(s) ❑ Change task($) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested changejs) to the task(s) and I or the additional days added (if requested); 2.) why this change was not included In the original contract; and, 3.) describe the Impact If this change is not processed. Attach additional information from the Design Professional andlor Contractor if needed. Prepared by: (Project Manager Name and Rvision) Date: Acceptance of this Change Order shall constitute a modification to contract I work order identified above and will be subject to all the same terms and conditions as contained in the contract/ work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to The change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor l Vendor / Consultant I Design Professional and Name of Firm, if project applicable) Approved hy: Date: (Design Professional and Name of Firm, if project applicable) Approved by: (Procurement Professional Page 27 of 33 Date: Multi -Contractor Award Agreement (2021_ver,1) ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To ITL U;W And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of iterns to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 28 of 33 Multi -Contractor Award Agreement [2021 ver,i j The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: I:i�y��I►�� : l�lr OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 0 Design Professional Type Name and Title 2Q CONTRACTOR accepts this Certificate of Substantial Completion on 2 M CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on t 20_ 0 CI MPUI Type Name and Title Page 29 of 33 Milli•Contractor Award Agmernent (2021_ver.1I ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT H CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL., and that Work is hereby declared to be finally complete in accordance with the contract documents on, ❑ATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 34 0[ 33 Multi -Contractor Award Agreement [2021_ver.1] r m Executed by Design Professional on , 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2D CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title Page 39 of 33 Multi -Contractor Award Apreement (2021ver.11 Executed by Design Professional on M 20 Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 la CONTRACTOR Type Name and Title OWNER accepts this Certificate of Final Completion on 20 M OWNER Type Name and Title Page 31 of 33 Multi -Contractor Award Agreement [2021 _ver,1 j (C-410 [■ this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and ail other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Ftorfda Statures, Chapter 95, et seq. BATE: CONTRACTOR BY: Attest: I'agc 32 or33 MUN-Award Agreement 201706 Ver.! Other Exhibit/Attachment Description: Federal Contract Provisions and Assurances ❑■ fallowing this page (pages 1 through 15 } ❑ this exhibit is not applicable Page 33 of 33 Mulls -Award Agreement 2017,006 VcFA M EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract 1 Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that �i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (0) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive ordersr FEMA policies, procedures, and directives- * 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, public Law 93- 288, as amended, 42 U.S.C, 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide (Version 4, most recent update, Effective ,tune 1, 2020) EXHIBIT I - 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States, Changes: To be eligible for FEMA assistance under the non -Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract, Program Fraud and False or Fraudulent Statements or Related Acts; The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Administrative, Contractual, or Legal Remedles (over $250,000): Unless otherwise provided in this contract, all clalms, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Termination: See Standard Purchase Order and/or Contract Terms and Conditions Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Dart 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours In such workweek. (2) Violation; liability for unpaid wages; liquidated damages_ In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages_ Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA, Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S,C, 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3, The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.906) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F-R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension andlor debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (aver $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any EXHIBIT I - 3 EXHIBIT I FEDERAL. CONTRACT PROVISIONS AND ASSURANCES lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." Procurement of Recovered Materials (§200,323) (Over $10,000): 1_ In the performance ofthis contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. 2. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https:llwww.epa.gov/smm/comprehensive- procurement-guideline-cpg-program 3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible, (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (5) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. Domestic Preference for Procurements 200.322 (a) As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) "Produced in the United States'' means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. EXHIBIT I - 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES TELECOMMUNICATIONS EQUIPMENT OR SERVICES Prohibition on Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country, covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act For Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020. from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to, (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment cr services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions (1) This clause does not prohibit contractors from providing —a. A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: a. Covered telecommunications equipment or services that: I. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor Identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification; The contract number; the order EXHIBIT I - 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); Item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(1) of this clause: Any further available information about mitigation actions undertaken or recommended, In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual Instruments. (f) Definitions Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul Gan be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet) Covered foreign country means the People's Republic of China. Covered telecommunications equipment or services means— a, Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); b. For, the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); c. Telecommunications or video surveillance services provided by such entities or using such equipment; or d. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other Information resources. Roaming means cellular communications services (e_g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. Telecommunications equipment or services means telecommunications or video surveillance equipment or services, such as, but not limited to, mobile phones, land lines, internet. video surveillance, and cloud servers, EXHIBIT I - 6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted constructlon contract" in 41 C.F.R, § 60-1.3 must Include the equal opportunity clause provided under 41 C.F.R. § 60- 1A, During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender Identity, or national origin. Such action shall include, but not be limited to the following. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, - rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender Identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such Information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (6) The contractor will comply with all provisions of Executive Order 1124E or September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of tabor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and Wil permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1966, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, EXHIBIT I - 7 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States_ Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding STATE PROVISIONS Equal Employment Opportunity: No person on the ground of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participaticn in; be denied the proceeds or benefits of, otherwise subjected to discrimination. Discriminatory Vendor List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. Notification: The Contractor shall notify the County if It has been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State, Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. Record Retention: A. The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, the State, or its authorized representatives access to such records for audit purposes upon request. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the Inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. EXHIBIT I - 8 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Conflict of Interest: This ContracUVVork Order is subject to chapter 112, F.S, The vendor shall disclose the name of any officer, director, employee, or other agent who is also an employee of the State_ Grantee shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent (5%) interest in the Contractor's company or its affiliates. In order to comply with Florida Auditor General report 201 4-064 regarding conflicts of Interest and to be consistent with Section 2B7, 057(17)(9)(1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitor to the FDEP, County, permittee and engineering consultant. Data Collection: All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: https:ltfloridadep., ovtwaterlbeaches-inlets-ports/documents/monitoring overview-gllyslcal- moritarin_Q Diversity: All contracting and subcontracting opportunities afforded by this solicitationlcontract embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. Firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requiremerts of this bid specification. These requirements apply to all bidderslofferors, including those who qualify as a Minority Business vendor. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. Applicable Laws: The contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the County. The contractor acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. Local Preference: Pursuant to Section 266,0991, F_S. local vendor preference is not applicable. EXHIBIT I - 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES PAGE LE.FT_INTENTIALLY BLANK FXHIBIT I - 10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, exacutive orders, FEMA policies, procedures, and directives, If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval The Contractor agrees to Include In the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (ill} the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law, The County may dacument in the quarterly report the Contractor's progress In performing its work under this agreement. On behalf of my firm, t acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Kelly Brothers, Inc. Date 0611 612021 Authorized Signature w EXHIBIT I • It EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals Is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (7) Where the Sub -recipient's subcontractor is unableto certify to the above statement, the prospective contract shall attach an explanation la this Form. CONTRACTOR Kelly Brothers, Inc By' - Signature _ _Dane Kelly, President Name and Title 15775 Pine Rid a Bond Street Address t: ort Myers, FL 33908 City, Stale, Zip 085714871 DUNS Number 0 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number; TBI] FEMA Project Number. TBD EXHIBIT I - 12 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status w+ll bd mifSed, Unverifahle statuses will require the PlhME To either proivde a revised statement or provide source documentation that validates a Status. A. PRIME VENDORICONTRACTOR INFORMATION PRIME rJANIF PRIME Peso hufABER CONT'RACTDDLLAR AMOUfrr Kelly Brothers, Inc. 59-2069592 TBD 15THEPRIME AFLORIDA-CERTIPIED DI;ADVAIiTAGEo. VIEy N iN-mEACTIVITYaFrHiscOffrRACY... TRT% MINORITY On WOMEN OUSINESSENIERPRISEF DOE? Y N CONSTRUCTION? Y 14 (DgE1kf ggnyiiEj OR HA4E A SMALL D15aoVA07AGED 4USIFIES5GACERTIFICATION PROM THESMALLOIZINE55 MBE? Y Id CONSULTA'nDN? Y Id ADMINISTRATION? A SERVICE DISABLED VETERA14 WSE? Y N OTNRR? v N SDB 20 V rJ 451ii:y5Ugf•'IISS'.gN AREVISION? Y Ir F YES, REVsiom NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DOE Wwa9 SUBCONTRACTOR OR SUPPLIER TVPEOFWORKOR ETHNICtTYCOOE SUB/SUPPLIER PERC(NTOrCO74TRACT VETERAIr NAME SPECIALTY j5ee Below) 1101,LAR AMOUNT DOLLARS TRD 70TALs: rein rl�n C. SECTION TO BE (OMPLETE❑ BY PRIME VENDOR/CONTRAITOR NAME OF SUBMITT€R DATE TRLE OF SUBMLTTER Dane Kelly 06/16/2021 President EF AILADDFLM OF PRIME (SUBMLTTER) 7ELEPMDNE NUMBER FAX NUMBER estimating@kellybros,net 239-482-7300 239-482-8014 NOTE! This info mation is used to track and report anticipated DBE or MBE participation in fedwally-funded contracts, The anticipated 40f or MBE amount is voluntary and wiR not become part of the contractual terms_ This form must be sudn med at time of reSpanse to a solicitation. If and •A hen gwawed a county contrail, the Prime will be askad to update the information for the gtanl Compliance files. ETHNICLTY COOE Mad American MA Hispanic American HA. Native AlYlerfcan NA SutKmt, Asian American SAA Asian-PacificAmvrican ,BPA Nun-MingdW wocnenj NMW Other; not of any other group lisledl O D. SECTION TO BE COMPLETED BY COLLIER COUNTY D EPARTMENT NAME COWER COHTRACY41 IF04PIPdrPOIREO GAAN-rPROORAMJCONTRACT ACCEPTED Olt; DA7E EXHIBIT I -13 GO, COLLIER COUNTY GRANTCOMPUANCE: FORM BID OPPORTUNITY LIST FOR COMMODITIES, CONTRACTUAL SERVICES OR PROFESSIONAL CONSULTANT SERVICES It is the policy of Coffler County that disad van tovcJ businesses and nvaorq vendors, as defined in the Code of Federal Regulations (Crtz) or Florida Statutes (FS), must have the opportunity to porNcipare on contracts with federal andlarstate rrrant assistance, Prime Contactor/prime Consultant; Kelly Brothers, Inc Address and Phone Number: 15775 Fine Ridge Road, Fort Myers, FL 33908, PH: 239-482-7300 Procurement Number/Advertisement Number: Solicitation NO.: 21-7885 The list below is intended to be a listing of firms that are, or attempting to, participate on the project numbered above. The list must include the firm bidding or quoting as prime, as welt as subs and suppliers quoting for participation. Prime contractors and con5uitants must provide Information for Numbers 1, 2, 3, and 4, and, should provide any information they have For Numbers 5, 8, 7, and 8. Th}s form must be submitted with the bid package, 1. Federal Tax ID Nurnber 'fill], Maned on project specificalions 2. Firm Name; 3. Phone Number: 4. Address 5. Year FIvm Established: g•❑ {l 7, aSubcontractor DBE Non -DBE 5ubconsultant 8. Annual Gross Receipts Less than $1 million Between $ 1.5 million Between $ 5-10 million Between 510.15 mlillan More than $15 mllllon 1. Federal Tax ID Number: 6, fSBE 8. Anruai Gross Receipts _ 2. Firm Name: a Non -PRE less than $ 1 million 3. Phone Number: Between $1-5 million 4. Address Between $ 5.10 million 7.8 5ubcontraCtar Between $10-15 million 5ubconsultant More than $ 15 million 5. Year Firm Established: 1, Federal Tax ID Number: G. ORE 8. Annual Gross Receipts 2. Firm Name: B Nan -DBE Less than $ 1 million 3. Phone Number: Between $1-5 million 4, Address Between $ 5-10 million 7. Subcontractor Between $ 10-15 million 5ubconsultant More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: li.� DU A. Annual Gross Receipts 2, Firm Name: Mon-DBI: Less than $1 million 3, Phone Number: Between $ 1-5 million 4. Address Between $ 5-10 million 7.[]Subcontractor Between $ 10-15 million 5ubconsultant More than $ 15 Wlion 5. Year Firm Established; EXHIBIT i -14 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES L013DYIN03 CERTIFICATION T mitten with each bid or offer exi; Ing,$100,00111 The undersigned [Contractor) certifies, to the best of his or her knowledge, that; 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or allempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form. LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3, The undersigned shall require that the language of this certification be included In the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subreciplents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction Imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not tags than $10,000 and not more than $100,000 for each such failure, The Contractor Certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition. the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Kelly Brothers, Inc. Contractor (Firm Na_rnO f SloatLre of Contractor's Authorized Official Dane Kelly, President Name and Title of Contractor's Authorized Official 06 16/2021 Date EXHIBIT I.15 MULTI -CONTRACTOR AWARD AGREEMENT # 21-7885 for Beach Maintenance Ralatad Activities TH13 AGREEMENT, made and entered into on this day of 2022 by and between TSI Disaster Recovery, LLC authorized to do business in the State of Florida, whose business address is 2323 S. Babcock Street. Melbourne. FL 32901 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): W I T N E 3 3 E T H- 1. AGREEMENT TERM. The Agreement shall be fora three ( 3 )year period, commencing � upon the data of Board approval; �ar B an and terminating th rea ( 3 ) year(s) from that date or until all outstanding � Purchase Orders) � 1NaHE-9sHec(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 On<..o,-,�.�o.�e� Notice to Proceed. 3. STATE MENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of o 0 Other: Invitation of Qualification ( IFO ) # 21-7885 including all Attach ment(s), Exhibits) 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 accord ante with Exhibit A —Scope of Services attached hereto. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall ba mutually agreed upon in writing by the Parties, in compliance with the Cou nty's Procurement Ordinance, as amended, and Procurement Procedural in effect at the time such services era authorized. Page t of 93 Mulll-Can Vactar Aweftl Agfeement [2g2t_var.l ] C AII� 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 ortlered or required by this Agreement. 4. THE AGREEMENT SUM. � The County shall pay the Contractor for the performance of this Agreement basetl on Work performed pursuant to the quoted price offered by the Contractor in response to a speciFc Request for Quotations and pursuant to the Price Methodology in Section 4.1.0 Contractor's quoted prices for time and materials shall be based on Exhibit 6- Fae 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 Chap[er 218, Fla. Stets., otherwise known as the "Local Government Prompt Payment Act". � _ _ _ _ e used 4.1 Price Methodology (as selected below): � Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must pertorm to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to partorm 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 tc accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. PeBe 2 oI33 Mu1tFCOMractor Aw®N Apreemenl [2O2t_varA I G 0 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 "lathes" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 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 pertormance 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 # 85-80'1596653f C. Pages S o133 Mu1lFContrador Aware H9reamant [2t)2t_vacl] CAO 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or amailad to the Contractor at the following: Company Name: TSI Disaster Racovary LLC Address: 2323 S. Babcock Street Melbourne. FL 3290'I Authorized Agent: Henry Elmore Attention Name &Title: Telephone: (407) 89'I-8005 E-Mail(s): info�tsid isastar.com All Notices from the Contractor to the County shall be tleemed duly served if mailed or em ailed to the County to: Board of County Commissioners for Collier County, Fio ride Division Director: Trinity Scott, Interim Director DIVIs IOn Name: Capital ProJact Planning, Impact Feea. end Program Management Address: 2685 South Horseshoe Drives, Unit 103 Naples Florida 34'104 Administrative Agent/PM: Andrew Millar. P.E. Telephone: (239) 252-2922 E-Mail(s): Andrew.Millar ,colliercountvfl.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. NO PARTNERSHIP. Nothing herein contained shall create or be construatl as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Sactlon 2'I 8.80, 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 ba 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. Tha Contractor shall also ba 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 Floritla, or the U. S. Government now in force or hereafter adopted. Tha Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons em ployad by the Contractor. Pa®e a or as Mulll-Con Veclar Awertl Pyreemenl [202t_var.1 ] 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, contl uct, 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. 1 O. 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 far cause; fu rthar the County may terminate this Agreement for convenience with a thirty (30) day written notice. Tha County shall be the sole judge of non-pertormance. 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. Tha 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 pertormed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sax, color, creed or national origin. 12. INSURANCE. The Contractor shall provide Insurance as follows: A. 0 Commerc lal General Lia bility: Coverage shall have minimum limits of $ 1 _000.000 Per Occurrence, $ 2000_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 Lia bility: Coverage shall have minimum limits of $ � _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' Com oansation: 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. O. O Watercraft: $ 1 _000_oD0 Per Occurrence. E. 0 United States Lonashoraman's and HarborworKer's Act: Coverage shall be maintained where applicable to the completion of the work $ 1 000.000 Per Occurrence. F. 0 Maritime Coveraaa (Jonas ACU: Coverage shall have minimum limits of $ 1.000.00O Per Occurrence. Page 6 O! 33 MNH-COMrac[or Awa,d Agreement [202t_ver.l] CA F. 0 Pollution :Coverage shall have minimum limits of $'I.000.000 per claim. Soecial Rea uirements: 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 Atl tlitional 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 afford ad 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- renawal or material change in coverage or Iim its 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 harm lass 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 parson 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 Gounty 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 Capital Pr i t Pla Wing Impact F & P Dram Manag m t 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 Pege 6 of 33 Multi -Contractor AwarO Agreem®nt r2g21_vect] A performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to pertorm those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which era as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insure nca Cartiflcata(s), � Exhibit A Scope of Services, � Exhibit B Fee Schedule, O RFR/ 0 +TB/O Other Invitation of Qualification #21-7885 including Exhibits, Attachments and Addenda/Addendum, 0 subse�r uent quotes and corresponding contract documents, � Exhibit C-1 Public Payment Bond, � Exhibit C-2 Public Peformance Bond, � Exhibit � -Release and Affidavit Form, � Exhibit E -Form of Contract Application for Payment, � Exhibit F -Change Order, � Exhibit G -Certificate of Substantial Completion, 0 Exhibit H -Certificate of Final Completion, 0 � - -- •, and 0 Other Exhibit/Attachment: Federal Contract Provisions and Assurances �` 17. APPLICABILITY. Sections corresponding to any checked box. (�) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or Indivitl ual 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. 2004-06, as amended, and County Administrative Procad ure 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 intlivitl ual 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, if applicable, 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, FLORI�A STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite '102 P9g0 7 Of 33 Mulll-Contractor Award A®reement [202'1_ver.tj C Naples, FL 34'I '12-5746 Talepttone: (239) 252-8999 Email: PublicRecord ReauestCa7colliarcountvfl.aov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep antl maintain public records required by the public agency to pertorm 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 pertorm 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 meat all applicable req uiremants 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 Docu monks 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 antl agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. � BONDS. A. When a construction project is in excess of $200,000, the Contractor(sj shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a sacucity guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) provltl ing labor and/or materials in connection with each construction or renovation project pertormed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any band furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) Pe8¢ B of 9J Mo1rFContrac[of AweM Agreement [202f ver.ti calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 23. O LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work pertormed by Contractor prior to the Commencement Date shall ba at the sole risk of Contractor. Tha Work shall be substantially completed within the time specified in the Request for Quotation/Scope of Work. The date of su bstantiai completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Tha Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation/Scope of Work. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liq uldated damages, but not as a penalty, the amount specified in the Request for Quotation/Scope of Work for each calendar day thereafter until substantial completion is achieved. Tha Project shall be deemed to be substantially com plated on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted From the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 24. � PAYMENTS. Generally, the Contractor will be paid upon completion; however, For Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exnibit "D" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall ba in writing, and in substantially the form attached hereto as Exhibit "E." 25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding pu nchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between Owner and Contractor, Pego 8 of 99 Multl-Contractor Award Agreement [2021_vec'n%� i�j.� to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims tolled or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliq uidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. � CONTRACT TIME AND TIME EXTENSIONS A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforasaeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28. � CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notiFed of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endan9 sting life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, Pages 10 of 33 Mul(1-Contractof AwafO Agfeemonl [2021 _vac11 CAO and Owner shall not be liable to the Contractor For any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Procu remant Ordinance and Procurement Procedures in affect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "F" to this Agreement, shall be issued and executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly pertorm changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted In the Change Order in the manner as Owner and Contractor shall mutually agree. 29. 0 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 30. The contractor snau employ people to wori< on county protects wno are neat, clean, wau-grovrnao and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of pertorming 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. 3'I. 0 TESTS AND INSPECTIONS. If the Contract Documents or any codas, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be pertormed in a manner and by organizations acceptable to the County. 32. � PROTECTION OF WORK. A. Contractor shall fully protect the Work From loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to ba 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 ra-establish the benchmarks and Contractor shall ba liable for all costs incurred by the County associated therewith. Page 'I t oT 33 MNiI-ConVaclor Awertl Agreement 1202t_vac'n ,C 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of parsons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obiig ated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have bean caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall ba issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 34. � COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work <or designated portion) substantially�compiete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or desig Hated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or tlesig Hated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to com pieta or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and Is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "D." B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and fn such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "I". PaBo'12 of 33 Multi -Contractor Award ABreemenl j2B2t_var.tj CAO' Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless antl until the Owner is completely satisfied, the final payment shall not become due and payable. 35. .i i 36. AGREEMENT TERMS. If any portion of this Agreement is heltl to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be adtled to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procetlures. 3B. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permittetl 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 tluring 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 tlispute through Mediation before an agreed -upon Circuit Court Matliator certified by the State of Flo ritla. 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. Stet. 39. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. sage �a or as Mu11FCou1l9Gof AWHfU AgfBBTBfIt [2021_valA ] C�0 40. 41 42 43. � 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 ba utilized in the pertormance 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. � ORDER OF PRECEO ENCE (Grant Fu ndad). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discratlon. 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. SECURITY. Tha Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall ba 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 era valid for one ('I) year from the date of issuance P98B'16 Of 33 MUIU-COn40ctor Award Agreement [Y02t_var.l] A O 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 Man egament Division via e- mail (DL-FMOPS@colliargov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Golliar County facilities antl systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 44. � SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety antl Occupational Health Standards and any other applicable rules antl rag ulations. Also, all Contractors and subcontractors shall ba responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any parsons 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 tlo 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 Cou nty's Risk Management Division Safety Manager and/or Safety Engineer. (/n[antiona/!y /aft blanK-s/gnature page to fol/ow) Peae 1 s or as MNiI-ContraUor Awertl Ag,'eemaM [2021_vac'q CAD 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 K. Kinzel, Clerk of Court & Comptroller a Dated: (SEAL) Contractor's Witnesses: Go r6 c�irst witness TType/print witness nameT Contract s Second Witness It TTypeyrint witness nameT roved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 91 Chair TSI Disaster Recovery, LLC Contractor By: 4A94ature V-V Vj I fType/pOt signature and titleT Page 16 of 33 Multi -Contractor Award Agreement [2021—ver.1) Exhibit A Scope of Sarvlcas � following this page (pages � through 9 ) � this exhibit is not applicable Pa0a 19 o(33 Multi-Contra<tot AwertlA t 202'I_vect] g�aeman CAO. Invitation for QualiFcation (IFQ) # 21-7$85 "Beach Maintenance Related Activities" EXHIBIT A SCOPE OF SERVICES BACKGROUND The purpose o£ this solicitation is to provide cleaning and other various beach and waterway services to County beaches and grounds in various nuisance situations such as seaweed, red tide, or fish kill events, and inlet sedimentation shoaling buildups that are beyond the capacity of County s[a£f. The maintenance activities associated with this contract will include but not be limited to escarpment removal, beach tilling, debris removal, waterway channel cleanups, beach grading and "urgent" mechanical dretlging events to shoaling channel inlets. DETAILED SCOPE OF WORK This Scope of Services is intended to provide the information by which Contractors may understand the requirements of Collier County relative to one (1) or more Contractors providing labor and equipment to perform maintenance activities on the beaches and waterways in Collier County including, but not limited to, Vanderbilt Beach, Park Shore, the City of Naples, and the City o£Mareo Island. The County's intent is to award to a pool of Contractors who meet the minimum criteria and quaff iflcations. A[ a minimum awarded Contractor must possess a State of Florida General Contractor or Marine Contractor license. All work performed will meet or exceed County Utility Technical Standards, see link below: htt •// Ili t B W t/di -f- / bli - tiliti - 1 - d- i t- m a n e ¢amen[/u[31 iHes-standards-ma n v al The Contractor will provide beach maintenance consisting of but not be limited to, the following: 1. ESCARPMENT REMOVAL: The formation of ridges which interfetre with marine turtle nesting or which exceed eighteen Q 8") inches in height £or a distance of one huntlred (t00') feet or more shall be mechanically leveled to the natural beach contour. The use o£ a road grader is the preferred method for performing this £unction. 2. BEACH TILLING: The Contractor may till the beach in preparation for sea turtle nesting seasons, and beach renourishment related project areas between the seaward edge of vegetatioNseawall line and the mean high water line <epproximate elevation, L'] NGVD) with equipment operated so es to penetrate and loosen beach sand [a) to a depth of twenty -£our [24) to thirty-six (36") inches and (b) laterally without leaving unloosened compacted sand between [he adjacent paths of tines or penetrating part of the equipment. (Suitable equipment is Caterpillar D9L/No. 9 Adjustable Parallelogram Multishank Ripper, or equal or a combination of suitable equipment for the intended work.) Upon completion of any Hlling, the beach shall be evenly dragged to remove any ruts created by the tilling process for a uniformed surface. 3. DEBRIS REMOVAL: After certain storm everts, it may be necessary to remove excess debris which cannot be retnoved by the routine beach cleaning operation. Dabris removal will also include red -tide <flsh kill) events. Such may involve the use of front-end loaders <w/root rake), backhoes, skidders, dump trucks and Iebor as required. 4. BEACH GRADING: Following activities such as debris removal, it may be necessary to perform certain beach gtatling to remove tire ruts and restore changes [o the natural beach contour as a result of those activities. The usa of a large box blade (minimum width of twelve (12) feet) or other similar equipment is preFerred £or performing this function. 5. CHANNEL 8c WATERWAYSa Page 1 of 3 Exhibit A —Scope of Services O Invitation for QualiFcation (IFQ) # 21-7gS5 "Beach Maintenance Related Activities" In storm related events, such as red tide (fish kills) or other related ca[asu�ophes of any sort, there are instances where county staff cannot provide the level of required services to remove debris, the Contractor shall provide the required labor and equipment [o assist as needed to remove debris and dead fish kill. h. MECHANICAL "URGENT" DREDGING: There ere occasions when large accumulation of sedimentation buildup and shoaling will occur during storm events at the mouth of channel inlets causing restricted navigational conditions and boats running aground; in such conditions the Division will need to mechanically dredge the channel inlet as a matter of life and safety conditions. In such instances the Contractor will utilize a barge and extended long -reach excavator to remove the sand accumulation and place in an approved permitted nearshore or upland disposal area. '1. 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 aMs or conditions that may cause i jury or damage to any persons or property within and around [he work site. 8. PILE INSTALLATIONS: The Contractor may install specified pilings in the designated location of [he channel ways situated throughout Collier County for navigational signage as required. The piles will be provided by the County consisting of either fiberglass grade materials or marine grade timber. The pilings shall be jetted at a minimal depth of embedment to support navigational aids and signage es required and provided by the county. 9. PROCEDURES FOR DISTRIBUTION OF WORK: All awarded Convectors are expected [o submit quotes for each Request of Quotation that will be issued under the resultant contract, for the duration of the contract. Repeatedly Failing to submit a quote, when requested, may result in the removal of the awardee from the conhsct pool. Procedures for oroiects with a value of vo to $1.000.000 are as follows: 1. Quotations shall be solicited from all the awarded Contractors. Completion time and the collection of liquidated damages may be specified in [he request for quotation. 2. Contractor may respond with the quote within ten (]O) business days. The County's Project Manager or designee will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. 3. PetTormence and Payment Bonds are applicable for projects over $200,000. 4. Any project over $500,000 must be presented to the Board of County Commissioners for approval. 10. ON -CALL URGENT SERVICES: Urgent work shall be de£aned as any work that is not scheduled. Urgent worK will be completed on a rotating schedule with one (l) Contractor designated for a one (1) week period. Each awarded Contractor shall supply all County departments utilizing the resultant contract with a minimum of two (2) twenty -£our (24) hour urgent contact phone numbers. All Contractors must participate in the urgent work rotation, which will be equally divided among the awarded Contractors. The annual schedule will be developed at a meeting with all awarded Contractors at the beginning of the contract term, and annually thereafter. The Contract Administrator or designee will manage and maintain rotation schedules on a basis that ensures a relatively even distribution of the work. Urgent requests must be acknowledged and on site with a County designee within twenty-four (24) hours to evaluate the job, crews and equipment. Contractor must provide a Time and Materials Not to Exceed (TAM NTE) quote within 24 hours of the visit and also provide a schedule to complete required repairs. If maintenance Page 2 of 3 Exhibit A —Scope of Services �, Invitation for Qualification (IFQ) # 21-7885 "Beach Maintenance Related Activities" of trafnc (MOT) is needed, the contractor shell have three (3) hours from the quote submittal to set up MOT. The County may require the Contractor to secure work area via a temporary repair. Should a Contractor fail to respond to an urgent call the next Contractor in rotation shall be contacted. Any Failure to provide coverage by a Contractor, may be subject to termination. Urgent services may be required after a hurricane or other natural disaster event. They County reserves the right to request services from contractors outside o£the awarded contract, during a declared local state ofemergency. 11. INVOICES: All TBcM NTE work assignments will utilize a fee schedule for labor/parts/equipment. Fee schedule rotes, which are subject to additions or deletions, will be negotiated with the awarded Contractors and will be added fo the contract for utilization. For all TBcM NTE work, Contractor<s) shall be required to provide backup documentation of Contractor's time and proof of the subconh'actor services and/or par[s/materials/supplies/equipment by providing invoices and receipts at the time o£ invoice submission. Ancillary charges may be transferred to the County in the actual amount, mark-ups will not be allowed. Mark- ups will not be allowed on sales tax. Awarded Contracmrs agree to the following, as it pertains to markups end labor rates on TAM NTE work I.The mark-up on rental equipment shall not exceed 10%. 2.The mark-up on materials shall not exceed IO%. 3. The mark-up on subcontractors shall not exceed 15 % . A copy of the Subcontractor invoice must be provided. 4. The labor rotes provided by the Contractor are to be fully burdened to include overhead, insurance, prof[ and use of company owned small tools and equipment. 12. RATE INCREASES: The Contmctor may request a rate increase annually (Three hundred sixty-five (365) calendar days from contract commencement month/day). Retroactive rate adjustments are not authorized. 1. Submit rate increase requests in writing via email to the Division Contract Administrator for consideration. Rate increase requests review and approval may take up to thirty (30) days to complete. 2. The Contmctor shall provide supporting documenffition justifying rate increases (examples: supplier material agreements, proo{of fuel increases, etc.). 3. The Contract Administrator shall conduct a rate analysis to detenn ine if rate increases are {air and reasonable. 4. During the review process, the Convector shall continue to £ll all purchase orders [received at the current contract rates 5. The Procurement Director has the authority to approve or deny rate increases. 6. Rate increase requests are not guaranteed. If approved, the Contract Administrator or designee will notify the Contractor in writing with the effective date of any approved rate increases and in accordance Procurement Ordinance, as amended. 13. GRANT COMPLAINCE: The purchase o£ any goods and/or services that are funded through Federal Grant Appropriations, She State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. The County reserves the right to waive any or all of these requirements i£ in the best interest of the County and to separately solicit any job. The County reserves the right to supply all necessary parts for selected projects and repairs. Page 3 of 3 Exhibit A —Scope of Services ��, 'CAO' 0 following this page (pages � through � � this exhibit is not applicable Exhibit B Fee Schedule Pages 18 of 93 MUI[bCOnIfBOtor Awartl AgreBTBnt [2021_vaf.'n C Q T 0 M PATES FOR EMERGENCY WORK ONLY Llnep DezcripHon (All rates are indusNO M OqulpmOOY W1[D OpereYOr anA mpbpl:a[mn ll Nt of Measure Total 1 BackM1oe ]kM HOurl $125.OD 2 Dum Truck3 CY Houa $65.00 3 Tractor wltM1 Box Blatle 39 HP Hou.l $65.00 4 Loade.3/4 CY Hourl $89.00 3 Tlllln 35 HP Hou.l $85.00 6 Grader SFT blade MOurl $115.00 ] Pro ec[ Mene a Haurl $]9.00 8 Job 3Re Foreman Houa $55.00 Atldltonal T 8r M Rates antl Equipment for Emergency Work Only 9 E u1 ment O erotor HOurl $45.00 10 Dum Trucks CY HOYII $]s.Dp 11 Dum Tmck 30-18 LY HOua $9500 12 Loatle. 2-3 cY Hourl $110.00 13 Loader a-5 CY Hour $130.D0 14 TrackDoe 13-20Kk Hourl $140.00 15 TrackM1oe 20-35Kg Hourl $199.OD 16 Trackho¢35-$SKp Houtl $I65.00 1] TrackDOe 33-]OKp Hourl $180.00 38 TrackM1oe ]0.85Kp Hourl $195.Oo 19 T.ackhoe ion ach SOh Hourl $365.00 20 Trackboe Ion r ach 6Oft HOurl $1]9.OD 21 Menxl muck walking excavator Houa $280.OD 22 TIIIe. 50-85 HP Hourl $11D.00 23 Tractor with DOz blade 50-85 HP MOurl $105.00 24 Gratle. 1244 FT Hourl $13D.00 25 hector bailer tlum Houd $120.00 26 PUSh DOat 3D0 HP HOurl $250.00 2] PusD Boat SOD HP HOY.I 5350.D0 za oozed Haso Houa $1as.Do z9 Do:er 1 a fisD Hnurl $vo.00 3D Loatler 2-3 CY wltM1 r le Hourl $1]D.OD 31 or 30R Hourl $99.00 32 or aOR HOurl $]0.00 33 or 50R Hourly $]S.OD 34 or 70R Hourl $119.00 35 Da^ye wltD 20 CY h0 Mourl $250.00 36 1Ox40 sectlanal bar Hourl - ectlon $2pD.00 37 Pump 41N Hourly $35.00 3R Pum 61N HOurl $]0.00 39 Pum 81N Hou.l $85.00 40 Pum 121N Hourl $120.00 ai Generator a -]KW Hourl $35.00 42 Generator ]-10 KW HouA $65.00 43 Generator ll-15 KW Hourl $80.00 a4 Generator l6-35 KW Hourly $95.OD a9 Generato.36-SO KW Houn $310.00 a6 Skidtler crane Hourly $2a0.00 4] Rough terrain crane 5-16 TN Hourly $250.00 a8 Track skitl sfee. 4-6kM Hourl $]0.00 49 Track skid steer]-lOkg Hourly $90.00 So Loatler 1-1/4 CY wltM1 r le Hourly $155.00 91 Feetl Ho er for conve o Hourl $200.00 52 Mechanic Tuck Houay $15O.D0 ACAC 6 4� FLORIDA SURETY BONDS, INC. January 28, 2022 Collier County Procurement Services Division 3295 Tamiami Trail East, C-2 Naples, FL 34112 ATTENTION: Vanessa Miguel RE: TSI Disaster Recovery LLC Project: #21-7885, Beach Maintenance Related Activities Dear Vanessa, 620 N Wymore Road Suite 200 Maitland, FL 32751 (407) 786-7770 ♦ Fax (407) 786-7766 Toll Free (888) 786-BOND www.FloridaSuretyBonds.com Jeff@FloridaSuretyBonds.com We are pleased to be the surety agents for TSI Disaster Recovery LLC. Bonds are currently written through Merchants National Bonding, Inc., which is A.M. Best Rated "A, VIII" and has a Treasury Listing of $18,136,000. We have investigated the financial capabilities, performance references, and think you'll be pleased with the quality of their work. We usually anticipate no difficulties in providing surety bonds for TSI Disaster Recovery LLC in the $2,00,000 single, $4,000,000 aggregate range. This letter is not a commitment to provide any bonds unless all underwriting requirements including contract, bond form and financing review are met prior to issuing any bonds. Neither our agency nor the surety are liable for any damages relating to this letter or project. Should you have any questions, please do not hesitate to contact us. Sincerely, Jeffrey W. Reich CPCU President 0 this exhibit is not applicable Exhibit C-'I PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Atltlress) are held and firmly bound to as Oblige In the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _day of 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and matle a part hereof, and is referretl to as the Contract. THE CON OITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as definetl in Section 255.05('I ), Florida Statutes, supplying Principal with labor, materials or supplies, used tlirectly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bontl is void; otherwise it remains In full force. Any changes In or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bontl are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, r®gartlless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of untler-signed representative, pursuant to authority of its goveming body. PaOe'18 of 33 MuIB-Con4ac[or Awartl ABreamenl [202'I_varA] CAti Signal, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTYC PRINCIPAL: By: Name: Its: Tha foregoing instru m¢nt was acknowledged before me by means of O physical presence or O online notaNzation, this _ of 20 by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (S ignatura of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Addreas) (Authorized Signature) (Printed Nama) OR Pega 20 of 33 MUIO-ContrettOf Aw9fO ABfBnmant [2o21_VBf.'n r �i ' CA6 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Prtntad Nama) (Telephone Number) STATE OF COVNTY C Tha foregoing instrument was acknowledged before me by means of 0 physical presence or � online notarization, this of 20 by as of a corporation, on behalf of the corporation. He/she is personally known to ma OR has produced as identiTcation and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Papa 3t or 93 Mulll-Contractor Awertl A9r¢amant [202t_vac'n ICAO 0 this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Atldress) are held and firmly bound to as Oblige in the sum of ($ )for the payment whereof we bond ourselves, our heirs, executors, personal reprasantativas, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of , 20_, with Oblige for in accorcJance with drawings and specifications, which contractor Is Incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Pertorms the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obliges; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any cha ngas in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obitgation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alteretions or additions to the terms of the Contract or other work to ba pertormed hereunder, or the specifications referred to therein shall in anywise affect Its obligations under this bond, and It does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Pages 32 oT 33 MNtl-Conlrador Awartl Agreement [202t_var.'I[ CA33 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will th¢ Surety be liable In the aggregate to Oblige for more than the penal sum of this Pertormance bond regardless of the number of suits that may be fllad by Oblige. IN WITNESS WHEREOF, the above parties have executed this Instrument this day of 20 ,the name of each party being affixed and these presents duly signed by its undarsign¢d representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of Wltnassas as to Principal STATE OF COUNTY C PRINCIPAL: By: Name: Its: Tha foregoing Instrument was acknowledged before me by means of O physical presence or 0 online notarization, this of 20 by as of a corporation, on behalf of the corporation. Ha/she is personally known to ma OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signatur¢ of Notary Publlo-Stata of Florida) Nama� (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: PH9B 23 of 33 Multl-Contractor AwaM Agreement [2021_aer.'n _.,i:% ATTEST: Witness as to Surety STATE OF COUNTY( SURETY: Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney In Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) Tha foregoing Instrument was acknowledged before me by means of O physical presence or O online notarization, this of 20 by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Nama� (Legibly Printed) Notary Public, State of Commission No.: Pasa zw m ss MUIO-Contrecbr Award ABreemant 12021 _var.'n CAO 0 this exhibit is not applicable EXHIBIT O RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF( ) Bafora ma, the undersigned authority, personally appeared being duly sworn, deposes and says: after ('I) In accortlanca with the Contract Documents and In consideration of $ to be received, ("Contractor") releases and waives for itself and iPs subcontractors, material -man, successors and assigns, all claims demands, damages. costs and expanses, whether In contract or in tort, against [he Board of County Commissioners of Collier County, Florida, relating In any way to the performance of the Agreement between Contractor end Owner, dated 20 for the period from to .This partial waiver end release is conditioned upon payment of the conaidaratlon described above. It is not effeMiva until said payment is received in paid funds. (2) Contractor certiflas for Itself and Its subcontractors, material -man, successors and assigns, that all charges for labor, materials, supplies, lands, licenses antl other expenses for which Owner might be sued or for which a Ilan or a demand against any payment bond might be flied, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, tlefentl antl save harmless Owner from all demantls or suits, actions, claims of liana or other charges tiled or asserted against the Owner arising out of [he performance by Contractor of the Work covered by this Release and AHldavft. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No CONTRACTOR -l'/1 WI[ness ITS: DATE: Witness [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of 0 physical presence or � onlin® notarization, this of 20 by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as Identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Publio-State of Florida) NAME: (Legibly Printed) Notary Public, States of Commissioner No.: Pegs 36 oT SS MUIO-Contractor Awartl Aareement [302'I_vect] /'��. 'caa� 0 this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Comm{ssionars (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Original Contract Time: Revised Contract Times: Retalnaga � t O h thru [insert date] $ Re[ainaga Q _h after [insert date] $ Percent Work completed to Dale: Percent Contract Time completed to Date % Liquidated Damages fo be Accruetl $ Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: Original Contract Amount: $ Total Change Orders tc Data $ Revised Contract Amount $ Total value of Work Completed and stored to Deta $ Less previous payment (s) $ AMOVNT DUE THIS APPLICATION: $ Names) ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certiflea that: (1) all previous progress payments received from OWNER on account of Work done under iha ContreM referred to above have been applied [o discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 7 through inclusive; (2) title to all materials and equipment Incorporated in said Work or otherwise listed In or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests end encumbrances (except such es covered by Bond acceptable [o OWNER); (3) all amounts have been pall for work which previous payments ware Issued and received from the OWNER and [hat current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated info a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Names &Title) (shall ba signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT OUE THIS APPLICATION is recommended: By Design Professional (DP's Names) (Signature) (Type Name &Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is approvatl: By OWNER'S Project Manager: Pa9a 29 a199 (Signature) DATE: (Type Names and Title) Multi -Contractor AwarE A9raemant [202t_ver.t] raa � this exhibit is not applicable EXHIBIT F CHANGE ORDER i� Contract Modification 0 Work Order Modification Contract #: � Change #: � Purchase Order #: Prolact #: Contractor/Firm Nama: Project Nama: Prolact Manager Nama: Department: Original Contrect/Work OrtlarAm ount Original BCC Approval Data; Agantla Item # Currant BCC Approved Amount Laa[ BCC Approval Date; Agenda Item # Currant Contrect/Work Order Amount SAP Contrect Expiration Da[a (Master) Dollar Amount of [hie Ghange #OIV/OI Total Change from Original Amount Revised Contrect/WorK Order To<al $ 0.00 #OIV/OI Change from Currant BCC Approved Amount C I i Ch $ 0.00 #DIV/OI Chan a from Currant Amount Completion Date, Deserlptlon of the TasK(s) Chango, and Ratlonaie for the Chango Notice to Proceetl � Comipletlon Data � Date Approvetl � lodudendFhD change) Data # of Days Atltlatl � $elect Tasks 0 Atltl new tasks) � Dalata task(a) � Ohange tasks) � O<her (sea below) Provide a response to the following: 'I.) detailed antl specific explanation/rationale of iha requested changa(s) to iha tasks) and / or the additional tlaya atlded (If requested); 2.) why this change wac not inclutlatl In [he original contract; and, 9.) describe the Impact if [hie change is not processed. Attach atltli[lonal Information from the Deslgn Profasalonel and/or Contractor if naedatl. Praparetl by: Data: (Proiecl Manager Name antl Division) Acceptance of this Change Order shell constitute a modiFlcafion to contract / woM ortler itlentiflatl above end will be subject to all the a tarns antl conditions sa contained in [ha contract /work ortler intlicatatl above, as fully as if Ma same were stated in this acceptance. The atljuatmant, if any, tp the Contract shall constitute a full antl final aattlemant of any antl all daima of the Contractor / Vantlor / Consultant /Design Professional arising out of or relatetl to the change sat forth herein, Including claims for ImpaIX and delay coats. Accepted by: Dale: _ (Contractor / Vantlor /Consultant /Deslgn Professional and Name of Firm, if protect applicable) Approvetl by: Date: (Design Professional antl Nama of Firm, if protect applicable) Approved by: Data: (Procurement Professional PH9B 2'r Of 33 Mulg-Contreclor Awartl Agreement [2g21 _vac'q `�. CA6 � this exhibit is not applicable EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract tlocumants or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in It does not alter the responsibility of CONTRACTOR to complete all the Work In accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Pe9a 28 of'J8 M W[I-GonVactar Awertl Agreement [2g2t_vact The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR: Tha following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to com plat® the Work in accordance with the Contract Dacu mants. Executed by Design Professional on Design Professional BY: Type Name and Title 20 CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantiai Completion on 20_ By: Type Name and Title Page 28 0133 Mulll-ConVaclar Award Agreement (2g2t_vect] °C d 0 this exhibit is not applicable OWNER'S Project No PROJECT: CONTRACTOR Contract For Contract Data EXHIBIT H CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete In accordance with the contract tlocuments on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Pages 30 of 33 Multl-COM�aclo� AwerC A9�®amanl [2g2'I_vecl] PCAd Executed by Design Professional on Design Professional By: Type Nama antl Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 By. Type Name and Title .� P99= 91 of 99 Mulll-ConVacbf Awartl Agfaemen[[202'I_vef.�] _ �� g � this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly pertormetl by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: - Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work pertormed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersig nad party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consltleration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work pertormed under the contract and does not constitute a waiver of any rights provided pursuant to F/orida Sfatutas, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 32 of 33 Mu114AweN Agreement 2010.006 Vacl ICAO: Othar Exhi bitlAttachment Description: Federal Contract Provisions and Assurances � following this page (pages � through t5 ) � this exhibit is not applicable Page 33 of 33 Multi -A wertl Agteomen[ 2019.006 Vec 1 �`CA� EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained In [his section are intended to cooperate with, [o supplement, and to modify the general conditions and other apeeificationa. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an ecknowledgemant that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards C2 CFR Part 200.23) the deFlnitlon of CONTRACTOR Is an enfity that receives aContract /Purchase Order. Complies nca with Fadaral Law, Ragulatlons and Executive Orders: The Sub -Recipient (County) agrees to include In the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor Is bound by all applicable state and Federal laws end regulations, and (iii) the subcontractor shall hold the Division antl Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's pertormanca of work under [his Agreement, to the ¢x[ent allowed and requiratl by law. Specifically, the Contractor shall ba responsible for being knowledgeable and pertorming any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Raq uirements, Cost Principles, and Audit Requirements for Federal Awards 44 C.F.R. Part 206 o Tha Robert T. Stafford Disaster Relief and Emergency Assistance Ac[, Public Law 93- 286, as amended, 42 U.S.C. 5'12t et s¢q., and Related Authorities o FEMA Public Assistance Program and Policy Guides (Version 4, most recent update, Effective June t, 2020) EXHIBIT I - 1 �� EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Recortla: (t) The contractor agrees to provide the County, the FEMA Atlminis[rator, the Comptroller General of [he United States, or any of their authorized represen[aiiva's access So any books, documents, papers, and records of the Contractor which are tliractly pertinent to this contract for the purposes of making audits, axaminationa, excerpts, antl transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide [he FEMA Atlminiatrator or his authorized reprasantativas' access [o construction or other work sites pertaining to the work being completed untler the contract. (4) In compliance with the Disaster Recovery Act of 20'18, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by [he FEMA Administrator or the Comptroller General of the United States. Changes: To be eligible for FEMA assistance untler the non -Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. DHS Saal, Logo, and Flags: The contractor shall not use the DHS saal(s), logos, crests, or reproductions of Flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligations or IiabillSias to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and Falser or Fraudulent Statements or Ralatad Acts: The Contractor acknowledges that 3t U.S.C. Chap. 38 (Adminlatrativa Remetlles for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes antl other matters In question between the local government and the contractor, arising out of or relating to [his contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent Jurisdiction. Termination: Sea Standard Purchase Order antl/or Contract Terms antl Conditions Contract Work Hours and Safety Stantlards Act (40 U.S.C. 3i0'1-3708) (over $'100,000): Where applicable, ell contracts awarded by the solicitor in excess of $t 00,000 that involve the employment of mechanics or laborers must Include a provision for compliance with 40 U.S.C. 3702 end 3704, as supplemented by Department of Labor reg ulatlons (29 CFR Part 5). (t) Overtime requirements. No contractor or subcontractor contrec[Ing for any part of the contract work which may require or Involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic In any workweek in which he or she la employed on such work to work In excess of forty hours in such workweek unless such laborer or mechanle receives compensation at a rate not less then one and one-half times the basic rate of pay for all hours worketl in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquitlatad damages. In the event of any violation of the clause set forth In paragraph (t) of ibis section the contractor and any subcontractor responsible therefor shall be liable for iha unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done untler contract for iha District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated tlamagas shall be computed with rsspect [o each individual laborer or mechanic, tnclutling watchman and guards, employed in violation of the clause sal forth In paragraph (t) of this section, in the sum of $27 for each calentlar day on which such indivltlual was required or permitted [o work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause sat forth in paragraph Ct) of this section. EXHIBIT 1 - 2 Q�/1i) EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Withholtling for unpaid wages and liquidated damages. Th¢ County or FEMA shall upon Its own action or upon written request of an authorized reprasentative of tho Department of Labor withhold or ceuso to ba withheld, from any moneys payable on account of work pertormed by the contractor or subcontractor under any such contract or any other Fatleral contract with the same prime contractor, or any other fetl¢rally-assisted contract aubJect [o the Contract Work Hours antl Safety Stantlartls Act, which is heltl by tho same prima contractor, such sums as may be tletarminad to ba necessary to satisfy any Iiabilitles of such contractor or subcontractor for unpaid wages and Ilquitlatetl tlamages as provitlatl in the clause sat forth in paragraph (2) of this section. (a) Subcontracts. The contractor or subcontractor shall Insert in any subcontracts the clauses set forth In paragra Ph (t) through (4) of this section antl a clause requiring the subcontractors to include these clauses In any lower tier subcontracts. Tha prime contractor shall b¢ responsible for compliance by any subcontractor or lower Liar subcontractor with the clauses set forth in paragraphs (t) through (4) of this section." Rights to Inventions Mada Under a Contract or Agreement: Exempt from FEMA Public Assistance Funtling Clean Air Ant (over $150,000): t. The contractor agrees to comply with all applicable standards, ortl¢rs or regulations Issued pursuant to the Clean Alr Act, as amended, 42 U.S.C. §']40t et seq. 2. Tha contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required [o assure notification to the F¢tleral Emergency Management Agency, antl the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to Inclutle thee¢ requirements in each subcontract oxceeding $t 50,000 financed In whole or In part with Fatleral assistance provitletl by FEMA. Federal Water Pollution Control Aet (over $150,000): 1. Tha contractor agrees to comply with all applicable standards, orders, or re9ulafiona issued pursuant to the Fatleral Water Pollution Control Act, es amentletl, 33 U.S.C. 1261 at seq. 2. The wntractor agrees to report each violation [o [he County and understands and agrees that the County will, in turn, report each violation as roqulred to assure notification to the Fatleral Emergency Management Agency, and the appropriate Environmental Pro[ecton Agency Regional Otflca. 3. The contractor agrees [o include these requirements In each subcontract exceeding $150,000 financed in whole or In part with Fatleral assistance provided by FEMA. Suspension and Debarment: (t) This contract Is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. p[. 300D. As such the contractor is required to verify that none of the contractor, its principals (tleflnad at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are exclutl¢tl (tlefined at 2 C.F.R. § t80.940) or tliaqualifiad (deft ned at 2 C.F.R. § 160.935). (2) The contractor must comply with 2 C.F.R. pt. t80, subpart C antl 2 C.F.R. pt. 300D, subpart C and must include a requirement to comply with these regulations In any lower tier covered transaction it enters into. (3) This cortification la a material representation of fact rolled upon by the County. If it is later tletermin¢tl that [ha contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remotlias available to the County, the Fatleral Government may pursue avallabl¢ remedies, including but no[ limited fo suspension and/or debarment. (4) The bitlder or proposer a9reas to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valitl antl throughout the periotl of any contract that may arise from this offer. The bltltler or proposer further agrees to {ncluda a provision requiring such compliance in its lower tier covered trensactions. Byrd Anti -Lobbying Amendment (3� U.S.C. § L3S2 (as amendadj (over Si00,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies [o the tier above that It will no[ end has not used Fatleral appropriated funds to pay any parson or organization for influencing or attempting to influonca an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each Oar shall also tlisclosa any E%HIBIT I - 3 cn� EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES lobbying with non-Fetlaral funds that takes place in connec[lon with obtaining any Federal awartl. Such disclosures are forwarded from tier to tier up to the rectplent " Procurement of Racovaratl Materials (§200.323) (Over $t0,000): 1. In the pertormance of this contract, the Contractor shall make maximum use of products containing racoveretl materials that are EPA- tleslgnetetl Items unless the product cannot be acqufratl— a. Competitively within a timeframe provitling for compliance with tM1a contract performance schedule; b. Meeting contract peformanca requirements; or c. At a reasonable price. 2. Information about this requirement, along with the Ilat of EPA-dasignatetl items, is available at EPA's Comprehensive Procurement Guitlalinas web site, hops://www.apa.9ov/smm/comprehensive- procurement-9uitlalina-epg-program 3. TM1e Contractor also agrees To comply with all other applicable requirements of Section 6002 of the Solitl Waste Disposal ANY." Contracting witty small end minority businesses, woman's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, antl labor surplus area frms era used whenever possible. (b) Affirmative steps must inclutla: (�) Placing quali0ad small and minority businesses and women's business enterprises on SOIICIYatiOn IISt9; (2) Assuring [hat small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Divitling total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, antl women's business enterprises; (a) Establishing tlelivery scM1adulea, where the requirement permits, which encourage participation by smell end minority businesses, and woman's business enterprises; (5) Vafng the services antl assistance, as appropriate, of such organizations as the Small Business Atl ministration antl the Minority Business Development Agency of the Department of Commerce; antl (B) Requiring the prima contractor, if subcontracts are to ba let, to take [he affrmativa steps Ilstatl In paragraphs (t) through (5) of this section. Domestic Preference for Procurements 200.322 (a) As appropriate antl to the extent consistent with law, tM1e non -Federal entity should, to the greatest extent practicable under a Federal awartl, provitla a preference for the purchase, acquisition, or use of goods, products, or materials protlucetl in the Unitatl Sfa[es (Including but not limifetl to iron, aluminum, steel, cement, and other manufacturetl products). The requirements of this section must be inclutled in all subawartls inclutling all contracts and purchase orders for work or protlucta underthis award. (b) For purposes of this section: (t) "Protlucatl in the United States" means, for Iron and steal products, that all manufacturing processes, from [he Initial melting stage through the application of coatings, accu rretl In the Unitetl States. (2) "Manufactured products" means Items antl construction materials composatl in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloritla pipe; aggregates sucM1 as concrete; glass, inclutling optical fiber; and lumbar. CA'� EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES TELECOMMUNICATIONS EQUIPMENT OR SERVICES Prohibition on Covered Teiacommunications Equipment or 3arvieas (a) DaFnitiona. Aa used in this clause, the terms backhaul; covered foreign country; covaratl [elacommunicatlons equipment or sarvicea; Interoonnectlon arrangements; roaming; subatantlal or essential component; and telecommunications equipment or sarvicea have the meaning as tlefinad in FEMA Policy, #405-143-t Prohibitions on Expanding FEMA Award Funds foroovered Telecommunications Equipment or Serv{cas Aa usetl In this clause — (b) Prohibitions. (f) Section 889(b) of the John S. McCain National Defenses Authorization Act for Fiscal Year20t 9, Pub. L. No. t t 5-232, and 2 C.F.R. § 200.2t6 prohibit the head of an executive agency on or after Aug.f 3, 2020, from obligating or expending grant, cooperative agreement. loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor antl its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Fetleral Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses coveratl telecommunicatlona equipment or services as a substantial or ¢ss¢nt{al component of any system, or as critical Sechnology of any system; (II) Enter Into, ext¢ntl, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or sarvicea as a substantial or essential component of any system, or as critical technology of any system; (ili) Enter Into, extend, or renew contracts with entitles that use covered felacommunlca[ions equipment or services as a substantial or esaen[lal component of any system, or as critical technology as part of any system; or (Iv) Provltla, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment. system, or service that uses coveretl telecommunications equipment or services as a substantial or essential component of any system, or as crt[Ical technology as part of any system. (c) Exceptions. (t) This clause deer not prohibit contractors from provitling — a. A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangem¢nts; or b. Telecommunications equipment that cannot rout¢ or redirect user tlata traffic or permit visibility into any user tla[a or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: a. Covered telecommunications equipment or services that: 1. Are not used as a subatantlal or essential component of any system; and il. Are no[ usetl as critical technology of any system. b. Oihar telecommunications equipment or sarvicea that era not consideretl covered talacommunicetions equipment or services. (d)Reporting requirement. (�) In [he even[ the contractor itlentifl¢s covered teiawmmunicatlons equipment or services used as a subatantlal or essential component of any system, or as critical technology as part of any system, tluring contract pertormance, or the contractor is notified of such by a subcontractor a[ any tier or by any other source, the contractor shall report the information in paragraph (d)C2) of this clause to the recipient or subr¢cipiant, unless elsewhere In this contract are established procedures for reporting the information. (2) The ContraMor shall report the following Infonna[lon pursuant to paragraph (d)(t) of this clause: (i) Within one business day from the tlate of such IdenHficatlon or notification: The contract number; the order EXHIBIT 1- 5 CA EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available Information about mitigation actions undertaken or recommended. (ii) Within tO business days of submitting the Information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook fo prevent use or submission of covered telecommunications equipment or services, and any atltlltlonel efforts [hat will be Incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall Insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. (f) Deflni[ions Backhaul means iniermadiete Ilnks between [he core network, or backbone network, and the small subnetworks at the edge of the network (¢.g., Connecting call phones/towers to [he core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet) Coverall foreign country means the People's Republic of China. Covered telecommunlca[ions equtpment or services moans —a. Telecommunica[lons equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); b. For the purpose of public safety, security of Government fagilihea, physical security surveillance of critical infrastructure, and other national security purposos, video surveillance and feleeommunica[lona equipment produced by Hytera Communicatlons Corporation, Hangzhou HIkNBIon Dlgltal Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); c. Telecommunications or video surveillance servicoa provitled by such entities or using such equipment; or tl. Telecommunications or vltleo surveillance equipment or services protluced or provitled by an entity that the Secretary of Defense, in consultation with tho Director of National Intelligence or the Director of the Federal Bureau of Investlgatlon, reasonably believes So be an entity owned or controlled by, or otherwise connected to, the governmenf of a covered foreign country. Interconnection arrangements means arrangements governing [he physical connection of two or more networks to allow the use of another's network [o hand off traffic where It Is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone tympany B) or sharing tlafa antl other information resources. Roaming means collular communications services (e.g., voice, vitleo, tlata) received from a visited network when unable to connect to the facilltiea of the home network either because signal coverage Is too weak or because [raffle Is too high. Subsfa offal or essential component means any component necessary for the proper function or pertormance of a pieta of equipment, system, or service. Telacommunieations equipment or services means telecommunications or vitleo surveillance equipment or services, such as, but not limited to, mobile phones, land lines, interne[, video surveillance, and cloud servers. E%HIBIT I - 6 j. �L'Aa EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-'1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the tleflnitlon of "fetlerolly assistetl construction contract" in 42 C.F.R. § 60-t .3 muss inclutle the equal opportunity clause providatl under 42 C.F.R. § 60- 2.4. During the performance of this contract, the contractor agrees as follows: (t) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gentler identity, or national origin. Tha contractor will take affirmative action to ensure that applicants are employatl, and that employees are treatetl tluring employment without regartl to their race, color, religion, sex, sexual orientation, gentler identity, or national ori9ln. Such action shall inclutle, but not be limited to the following: EmploymenQ upgratling, demotion, or transfer; recruitment or recruitment ativertising; layoff or termination; rates of pay or other forme of compensation; antl selection for training, inclutling apprenticeship. The contractor agrees [o post in conspicuous places, available to employees and applicants for employment, notices to be providatl setting forth the provisions of this nondlacrimina[lon clause. (2) The contractor will, in all solicitations or advertisamants for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consitleration for employment without regard to race, color, religion, sax, sexual orientation, gender Identity, or national origin. (3) The contractor will not tlischarga or in any other manner tliscrimina[e against any employee or applicant for employment because such employee or applicant has inquiratl about, tliscussetl, or tlisclosetl the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to Instances In which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions tliscloaes the compensation of such other employees or applicants [o Intlividuals who tlo not otherwise have access to such information, unless such tlisclosure is in response to a formal complaint or charge, in furtherance of an Investigation, proceeding, hearing, or action, Including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish Information. (4) The contractor will sentl [o each labor union or representallve of workers with which he has a collective bargaining agreement or other contract or understantling, a notice to ba provided advising the saitl labor union or workers' representatives of the contractor's commitments untler this section, and shall post copies of the notice in conspicuous places available to employees antl applicants for employment. (5) The contractor will comply wifh all provisions of Executive Ober t 2246 of September 24, t965, antl of the rules, ragulatlons, antl relevant ortlera of the Secretary of Labor. (B) The contractor will furnish all information and reports requiretl by Executive Ortler t 2246 of September 24, 2965, antl by rules, regulations, antl ortlera of the Secretary of Labor, or pursuant thereto, and will permit access to his books, recortls, antl accounts by the atlmin lstering agency antl the Secretary of Labor for purposes of Investigation [o ascertain compliance with such rules, regulations, antl orders. (7) In the event of the contractor's noncompllanca with the nontliacrlmina[lon clauses of this contract or with any of [he saltl rules, regulations, or ortlars, this contract may be canceled, tarminatetl, or suspentletl in whole or in part an the contractor may be tlaclaratl ineligible for further Government contracts or tetlerally assisted construction contracts In accortlance with procedures authorized in Executive Ortlar t 2246 of September 24, '1965, antl such other sanctions may ba imposed antl remedies Invoketl as providatl in Executive Ortler t 1246 of September 24, 2 965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provitlad by law. (8) The contractor will Include the portion of the sentence Immediately precetling paragraph (1) and the provisions of paragraphs ('I) through (8) In every subcontract or purchase order unless exempted by ru lea, "� Air EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Ortler 'I 1246 of September 24, t 965, so that such provisions will ba binding upon each subwntractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as [he atlminiatering agency may direct as a means of enforcing such provisions, inclutlin9 sanctions for noncompilance: Providatl, however, thaS in the event a contractor becomes involved in, or Is threatened with, Iltigatlon with a subcontractor or vendor as a result of such tlirection by the atlminis[erin9 agency, the contractor may request the United States fo enter into such Iltigatlon to protect the interests of the Unitatl States. Davis Bacon Aet: Exempt untler FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Publle Assistance Funding �� f_��Z l IF�C ]: F� Equal Employment Opportunity: No person on the grountl of race, creed, color, religion, national origin, age, gentler, or tlisability, shall be excluded from participation in; be tleniad the procaetla or benefits of, otherwise subJac[etl to tliscriminatfon. DlseHminatory Vantlor List: In accortlance with Section 287.t 34, Florida Statutes, an entity or affiliate who has bean placed on tho discriminatory ventlor Ifs[ may nol submit a bitl on a contract to provitle any gootls or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids an leases of real property to a public entity, may not ba awartlad or perform work as a contractor, supplier, subcontractor, or consultant untler a contract with any public entity, antl may not transact business with any public entity. Notification: The Contractor shall notify the County if it has been placed on the convictetl vantlor list or [he discriminatory vendor list tluring the Iifa of the Agreement. The Floritla Department of Management Services Is responsible for maintaining the discriminatory ventlor list and posts the list on its websita. Ouastiona regartling the discriminatory vendor Ilst may be tlirectatl [o the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-09t 5. Interest of Mam bars of Congress: No member of or delegate to the Congress of the Unitatl Stales shall be atlmittetl [o any share or part of this contract or to any benefit arising there from. Interest of Publle Officials: No member, officer, or employee of the public hotly or of a local public body during his tenure or for two years thereafter shall have any tnteres[, direct or intlirect, In [his contract or lha proceeds thereof. For purposes of this provision, public body shall include municipalities antl other political subdivisions of States; antl public corporations, boartls, antl commissions established untler the laws of any State. Lobbying: No funds receivetl pursuant to this Agreement may be expantled for lobbying the Legislature, the jutlicial branch or a state agency. Record Retention: A. The contractor shall maintain antl retain sufficient recortls tlemonsfrating its compliance with the [arms of the Agreement for a period of at leas[ five (5) years after goal payment is made and shell allow the County, the State, or its authorized representatives access to such records for autlit purposes upon request. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the Inspector general to have access to any records, tlata antl other information deemetl necessary to carry out his or her tlutiea antl incorporate into all subcontracts the obligation to comply with Section 20.065(6), Florida Statutes. EXHIBIT I - 8 C F.� EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES ConTlict of Interest: TFia Contract/Work Order is subJect to chapter t t2, F.S. The vendor shall tlisclosa the name oT any officer, director, employee, or other agent who is also an employee of the Stale. Grantee shall also tliaclose the name of any State employee who owns, tlirectly or Intlirectly, more than a five percent (6%) interest In the Contractor's company or its affiliates. In order to comply with Florltla Auditor 13anaral report 20f 4-064 regarding conflicts of Interest and to ba consistent with Section 269, Obp(t v)(a)(1), F.S., all monitoring data and atetiatical analysis must be provided tllrectly and concurrently from the monitor to [ha FDEP, County, permittea end engineering consultant. Date Collection: All data collection and processing, and the resulting protluct deliverables, shall comply with [he standards antl technical specifications contatn¢d in the Department's Monitoring Stantlartla for Beach Erosion Control Projects (20t4) antl all assoclatatl state and federal permits, unless otherwise apecifiatl in the approved scope of work for an eligible Project item. Tha monitoring standards may be found aT ht s.//flor dale ov/water/b¢aches inlet /m nitorin overview h Ic 1- monitorinc. Diversity: All contrac[In9 and subcontracting opportunities affordetl by this solicitation/contract embrace tlfversity enthusiastically. The award of subcontracts should reflect the full tliveraity of the citizens of the State of Florida. Firms qualifying untler this solicitation are anwuragad to submit bitls/proposals. Award of thts contract will ba eontlitionetl upon satisfying the requirements of this bid speclTcation. Those requirements apply to all bidders/offerors, inclutlln9 those who qualify as a Minority Business vendor. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Offic¢ of Supplier Diversity at (850) 457-09tb. Applicable Laws: The contractor shall comply with all applicable fetleral, state and local rules antl regulations in provitling services [o [he County. The contractpr acknowledges [hat this requirement Inclutles, but Is not limitetl to, compliance with all applicable fetleral, state antl local health and safety rules antl regulations. Local Preference: Pursuant to Section 255.099t, F.S. local vendor preference is not applicable EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES PAGE LEFT INTENTIALLY BLANK EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Tarma, Con tlltlons, and t3rant Clauses Certlflcatlon This Is en acknowletlgamant that FEMA financial assistance will be used to fund all or a portion of the contract. Tha wniractor will comply with all applicable Fadoral law, regulaflons, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcpn[ract must bo available to fha Courtly for review and approval. Tha Contractor agrees to include In the subcontract that ('I) the subcontractor is bound by [he terms of this Agreement, (II) fha subcontractor Is bound by all applicable state end federal laws and regulatlona, and (III) the subcontractor shall holtl fha Courtly and the Grantor Agency harmless against ell claims of whatever nature arlaing out pT the subcontractor's performance of work under ihis Agreement, to fha extant allowed and requfrad by law. The County may document In the quarterly report the Contractor's progress in pertorming Its work under this agreement. On behalf of my firm, I acknowledge, the gran[ requirements Identified In this document. Vendor/Contractor Name TSI DisastaY Recovery, LLC Dafa B/'I 5/2021 Authodzed Signature _� //�"�3 EXHIBIT 1 - 13 �CA4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REOARDINl3 DEBARMENT, SUSPENSION, INEL161BILITY antl VOLUNTARY EXCLVSION Contractor Covered Trensactlona (I) The prospachya subcontractor of the Sub -recipient, Colllar County, certifies, by submission of this document, that na Rhor I[ nor Its principals is presently debarretl, suspended, proposed for debarment, declared Ineligible, or volunterlly excluded from participa[lon In this transaction by any Federal department or agency. (2) Where [he Sub -recipient's subcontractor s unable tp certify to the above statement, [he prospective contract shall at/aoh an axplenatlon to this form. CONTRACTOR TSI Disaster Recovery. LLG BY: /.� SI ature Henry W. Elmore, MGMR Nema and Titles 2323 S. Babcock Street Street Address Iy1IcY�IrS 832125277 Sub -Recipient Name: Colllar County Board of County Commiasionars OEM Contrect Number: TBD FEMA ProJec[ Number: TBD E%HI91i 1 - 12 !-�, 'CAD EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTIC IPA'rED DISADVANI'AG ED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT wD DD..nn.a. wYem.aaa.aDE.: wul .q.r; . a.. PnnaE.n.Im., prwa.. x.m.w natem.nt n, weYle. aenrE. ae.wl.m.nen.na YauaarDi. A. PRIMEVENDOR/CONTIeACTO1r,INEp1{MATION oplMl r[�Of TSI Disaster Recovery, LLC 26-265862hn oNTBD .0 «e PPINLA nowon-aavrmo przPpvP.nwem. vErerr.eE v N THenenvlr oP T«Iz coeErw.er_. cos �iMo�iwee�o IiM=e. w5eov<r.TPcm Dei v con.Tnvcrtona ONIfPO,A T¢SL4LL CVSINEz: N CONSV LTPTOM XfIN15TRPTIOlOa 6f RVIC[OISnCam VEi!>plla Well Y N OT«[Ri Y N vs] Y �: lF PRIME RA5 SUBCgNTRACTOkOrt SUPPLIER WHOIS A DISCO VANTAGEO MINORITY, WOMEN-O W NEO, SMALL BUSINESS CONCERN OR SERVICE DISgBLEO VETERgN, PRIME IS TO„�OMPLFTf THI5NEXT SECTION m/wne wncoN avvou[P uo/•uvwen nex ASv wlow n C: SE6TION TO RE -COMPLETED BY PRIME VENDDR/CONTRACTOR u Abenoz OR pRSMe s fIOT aLlonlxutatl LO Na[M.rW/epaq anVdpatetl ODC a/MDEpo,QarpaLlon In Ltlamlly�/unpatlon4ecu.TM enlluPaEM OD[o/ n[ k YolunUry.na will net O.cam. paN of tIL. EonVacLval lanm. TM11a Sorm moat 4a aeMlitba aL t5m. 01 ruponw to aalRrya«on. nanelwnen ewertlNa[eunlyeon[ne1.LL.palm. x9l GenYea Lo update lne ln(oamatlon fD/tiM1e pan[eonaP rlanw Ole3. P.;BECTIDN TO 6E GO MPLETED BY COLLIER COUNTY ACC[oT[O DY' COuh✓ ativaPma Svncmt Pilan nmaacan Ybn-P�tl N[Pn P PPP RUnwl \V Otne/: nol otaP llmaa E%HIBIT I - 13 /1 rCAii: COLLIER CO V NTY GIIAN f GOMPL W NGF FDIIM BID OPPORTUNITY LIST FOR COMMODITIES CONTRACTUAL SERVICES OR PROIfE551ONAL CONSULTgNT SERV ICES vrlme canbactar/Pfimo consultant T31 Dlssataf Recovery. LLO AUrb<ss antl Phone Number 2323 S. 6ebCOCk SheaL Malboumq FL 32801 Pfacurement NYmlaer/Advertisement Number: TBD The Ilst below Iz Intentletl to be a IlzOng of firms that are. or ettemp[Ing to. participate on the pro)ect number¢tl alaave. The Ilst must Indutle M:e firm laldtling or glm[Ing es prime. es well as subs antl supPllera gwUng for partidpatlon. Pfime coatrec[ors and canaVltants must pfovPoa Infofmatlon for Numbers 3� 2� 9� and 9{and. shoultl. pfoWtle any Infefmatlon they Nave for Numbers 5� G� �� nntl 8. ibis loan must be submitted with Me bid packHee. 1. Fe [Iaral Ta%ID NVtnhan 28-2650629 6. DOE g. al Gross Receipts 2. Firm Name: T51 Oleastar Recova(y. LLC Non -OBE L<as tllon $ ] Inlllion 3. Phone Number: 9W-39t-B006 6¢twe¢n $ 3-5 fn118on 9. Atlefess 2323 3. Babcock 31reat Beaween $ 5-10 mllllon FL 328n1 �� Subcontractor Beaween $ 30-15 mllllon B Subconsultent More than $15 mllllon 5. Yeaf Firm EstaUgahed: 20D3 1. Federal Ta%ID Numbef: 2. FIfM Name: 3. Phone Number O. Adtlresa SYbconsVltanl re [hen ]S m011on 5. Yeaf Flfm Es[ebllshetl: 1. Federal Ta%ID NYTbe/: 2. Firm Nam¢: 3. Phone Number: 4. Adtlress Subeonaultan[ MOR then 15 mllllon 5. Year Fbm Ez[abllshetl: 3. Federal Ta%ID Number 6. OBE g. AnnuHI GrOSZ Retalp[s 2. Firm NHTC: Non -DOE Lass than $ 1 mllllon 3. Phone N Vmbef. Between $ 3-5 mllllon 9. Atltlress eetw¢en $ 5-1p mllllon T.�SYbaentracta. Between $ 10.]5 mllhan Subconsultan[ More Nan $ Si mllllon 5. Year Flrm EztaUlished EXHIBITI-19 �CA4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBVINa CERTIFICATION To a bml tl with each Id or off e D DO Tha tlntleralgnetl [Contractor] certifies, [o the bast of his or her knowledge, [hat: f. No Federal appropriated funtla Dave been paid or will ba paid, by or on Dahalf of [ha undersigned, to any person Tor Influencing or attempting to Influence an offlcar or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding of any Fadaral contract, the making of any Faderel grant, the makinH of any Fadaral loan, the entering Into of any cooperative aHreemenq and the extension, confinuallon, renewal, amentlmanQ or modiHcalion o{ any Federal contracp grant, loan, or cooperative agreement. 2. If any funds other than Fetlaral appropriated Tunds have been pall or will be pall to any person for influencing or attempting [o Influence an offlcar or employee of any agency, a Member of Congress, an offlcar or employee of Congress, or an employee of a Mambar of Congress in connection with this Fetlaral contract, grant, loan, or cooperative agreement, [he antlers l9ned shell complota antl submit Stentlertl Form- LLL, "Disclosure Fonn [c Report Lobbying," in accordance with its Instructions. 3. Tha undarsl9netl shall require that the language of this certification be Included In fhe awartl documents for ell aubawarda at all tiara (Including subcontracts, sub9rants, and contracts under grants, loans, and cooperative agreements) antl that all subreclplants shall certify antl disclose accortlingly. This certiflcatlon Is a ma[edal representation of fact upon which reliance was placed when this transaction was made ar entered rote. Submission of [his certiflcatlon Is a prerequisite for making or entering Into [his transaction imposatl by 31, U.S.C. § 1352 (as amended by [he Lobbying Disclos ura Act of � 995). Any parson who falls to file iha required certification shell be subject to a civil penalty of not less than $'10,000 antl not more than $'100,000 for each such failure. Tha Contractor certifies or efrirms the truthfulness antl accuracy of each statement of Its cartlficetlon and disclosure, If any. In addition, the Contractor understands and agrees that the provisions of 3'I U.S.C. § 350t at seq., apply to Mla certiflcatlon antl disclosure, if any. TSI �isastar Recovery, LLC Contractor (jFirm'Nam-e)— /.�r� � — S� aatYtl�m'-[N rector's Authorized Official Henry W. Elmore Name and TI[la of Contractor's Authorized Ofgelal EXHIBIT I - 15