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Agenda 05/24/2022 Item #16C 5 (PO to Contract #19-7527 for Tamiami Wells 6 & 11 Generator Replacement to Simmonds Electrical of Naples, Inc.)05/24/2022 EXECUTIVE SUMMARY Recommendation to approve a purchase order, pursuant to Agreement No. 19-7527, for the “Tamiami Wells 6 & 11 Generator Replacement,” to Simmonds Electrical of Naples Inc., in the amount of $566,461.75. (Fund 412, Project Number 70069) OBJECTIVE: Upgrade the reliability and sustainability of the Tamiami Wellfield Emergency Generator System for continuous service to Collier County Water-Sewer District customers. CONSIDERATIONS: The proposed scope of work under Project No. 70069, “Tamiami Wells 6 &11 Generator Replacement” is consistent with the FY2022 Budget approved by the Board on September 23, 2021. The Tamiami Wellfield provides fresh raw water to Collier County Water Sewer District’s (“CCWSD”) two regional water treatment plants. Each water treatment plant utilizes its own treatment process to produce a permitted total capacity of twenty-four million gallons of potable water per day. Tamiami Well Houses 6 and 11 each contain emergency generators that supply backup power to a tot al of eight wells during Florida Power & Light outages. Those eight wells account for 25% of the County’s total Tamiami Wellfield fresh raw water supply. The Tamiami Wellfield is the CCWSD’s largest and oldest wellfield. The existing generators are at the end of their useful life. This project provides for the replacement of two diesel generators with all associated infrastructure, instrumentation, and controls. The completed project will provide system reliability and sustainability during losses of FPL power. Staff distributed Request for Quotation, “Tamiami Wells 6 & 11 Generator Replacement,” to the three vendors on the Electrical Contractors Public Utilities Specialization Agreement No. 19 -7527. Of the three vendors notified, two submitted quotations by the March 18, 2022 deadline as summarized below. VENDOR QUOTE Simmonds Electrical of Naples Inc $566,461.75 Technical Management Associates $676,000.00 Hart’s Electrical of Naples, Inc. did not submit a quote. Staff determined the lowest quote is fair and reasonable, and recommends awarding the Purchase Order to Simmonds Electrical of Naples, Inc. The low quote received is 26 percent higher than the engineer’s cost opinion, including allowance. In a letter dated March 22, 2022, the design professional, Tetra Tech, Inc., recommends award to Simmonds Electrical of Naples Inc. Tetra Tech noted in its correspondence that the costs of emergency standby generators have increased approximately 30% since this time last year. Simmonds Electrical of Naples, Inc. was founded in 1982 and is a licensed electrical contractor currently located in Bonita Springs, Florida. Simmonds Electrical specializes in industrial and commercial electrical work and has been providing electrical contracting services to Collier County since 1985. Simmonds Electrical has a satisfactory performance record and routinely meets budget and schedule expectations. Because there may be unforeseen conditions associated with the project, the solicitation incorporated an allowance of $40,000 to address undocumented infrastructure that may be encountered during construction. The price for any additional work that would utilize this allowance would be negotiated prior to commencement in accordance with the County’s Procurement Ordinance and the terms of the Agreement. In accordance with Schedule A to the Agreement, payment and performance bonds are required and shall be provided within ten (10) business days after notification of award. 16.C.5 Packet Pg. 1079 05/24/2022 FISCAL IMPACT: The source of funding is the Water User Fee Fund (412). The project is expected to be completed in 2022. Operating and maintenance costs are estimated to be $2,700 annually, which is available in the Water-Sewer District Operating Fund (408). GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To approve a purchase order with Simmonds Electrical of Naples Inc., under Agreement No. 19-7527 for the “Tamiami Wells 6 & 11 Generator Replacement,” in the amount of $566,461.75. Prepared by: Tom Sivert, P.E., Senior Project Manager, Engineering & Project Management Division ATTACHMENT(S) 1. Quote Simmonds (PDF) 2. Quote Tabulation (PDF) 3. Engineer's Letter of Recommendation (PDF) 4. Certificate of Liability Insurance (PDF) 5. Bonds (PDF) 6. [Linked] 19-7527 Agreement (PDF) 7. PowerPoint (PDF) 16.C.5 Packet Pg. 1080 05/24/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.5 Doc ID: 22098 Item Summary: Recommendation to approve a purchase order, pursuant to Agreement No. 19 - 7527, for the “Tamiami Wells 6 & 11 Generator Replacement,” to Simmonds Electrical of Naples Inc., in the amount of $566,461.75. (Fund 412, Project Number 70069) Meeting Date: 05/24/2022 Prepared by: Title: Project Manager, Senior – Public Utilities Planning and Project Management Name: Tom Sivert 05/02/2022 7:22 AM Submitted by: Title: Director – Public Utilities Planning and Project Management Name: Matthew McLean 05/02/2022 7:22 AM Approved By: Review: Water Pamela Libby Additional Reviewer Completed 05/02/2022 7:41 AM Public Utilities Planning and Project Management Benjamin Bullert Additional Reviewer Completed 05/02/2022 7:50 AM Public Utilities Planning and Project Management Matthew McLean Additional Reviewer Completed 05/02/2022 8:15 AM Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 05/02/2022 9:26 AM Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 05/02/2022 10:36 AM Water Howard Brogdon Additional Reviewer Completed 05/02/2022 11:31 AM Procurement Services Sandra Herrera Additional Reviewer Completed 05/06/2022 9:39 AM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 05/06/2022 10:44 AM Public Utilities Department Joseph Bellone Level 2 Division Administrator Review Completed 05/06/2022 10:49 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 05/10/2022 9:47 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/10/2022 10:16 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/11/2022 11:25 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 05/15/2022 12:20 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 05/16/2022 1:19 PM Board of County Commissioners Geoffrey Willig Meeting Pending 05/24/2022 9:00 AM 16.C.5 Packet Pg. 1081 16.C.5.aPacket Pg. 1082Attachment: Quote Simmonds (22098 : Tamiami Wells 6 & 11 Generator Replacement) 16.C.5.aPacket Pg. 1083Attachment: Quote Simmonds (22098 : Tamiami Wells 6 & 11 Generator Replacement) ITEM NOQUANTITY UNITS TOTALTOTALTOTAL‐‐ ‐ ‐ ‐1a1LS $10,000.00 $10,434.18$30,000.00b1LS $10,000.00 $10,434.18$30,000.002a1LS $10,000.00 $14,235.50$30,000.00b1LS $10,000.00 $14,235.50$30,000.003a1LS $100,000.00 $104,617.35$77,000.00b1LS $120,000.00 $122,821.08$86,000.004a1LS $20,000.00 $21,169.55$20,000.00b1LS $20,000.00 $21,169.55$25,000.005a1LS $20,000.00 $22,707.43$22,000.00b1LS $20,000.00 $22,707.43$26,000.006a1LS $35,000.00 $80,965.00$130,000.00b1LS $35,000.00 $80,965.00$130,000.007‐T&M $40,000 $40,000 $40,000450,000.00$    566,461.75$     676,000.00$   Wells 6 and 11 Generator Replacements ‐ QuoteTabulationOPCC Simmonds TMAWell 6Well 11Well 11Well 6Well 11Well 6Well 11TOTAL PRICES FOR ITEMS 1 THROUGH 7OWNERS CONTINGENCY: This fund may be used only at OWNER'S direction to accomplish work due to unforeseen conditions. Inclusion of the Allowance Fund as part of the Contract Price is not a guarantee that the Contractor will be paid any portion of the full amount of DESCRIPTIONEnigneer's Opinion of Probable Construction CostMiscellaneous ElectricalGeneral RequirementsMobilization Diesel GeneratorHVAC and MechanicalTemporary Standby PowerWell 6Well 11Well 6Well 11Well 6Hart Electrical: No quote.19-752716.C.5.bPacket Pg. 1084Attachment: Quote Tabulation (22098 : Tamiami Wells 6 & 11 Generator Replacement) Tetra Tech, Inc. 10600 Chevrolet Way, Suite 102, Estero, FL 33928 Tel 239.390.1467 Fax 239.390.1769 www.tetratech.com Thomas Sivert, P.E. Senior Project Manager Collier County Public Utilities March 22nd, 2022 RE: Tetra Tech Letter of Recommended Award Tamiami Wells 6 & 11 Generator Replacement Dear Mr. Sivert: Tetra Tech has completed our review of the bid submitted for the above referenced project by the apparent low bidder, Simmonds Electrical of Naples, Inc. (Simmonds). Based on our review of Simmonds’ bid and our previous experience with this contractor, it is our opinion that Simmonds is a responsible bidder. A summary of the bid results is provided below: Simmonds Electrical of Naples Inc. $566,461.75 Technical Management Associates $676,000.00 Engineer’s Opinion of Probable Construction Cost $450,000 Harts Electrical NO BID Simmonds bid of $566,461.75 is approximately 25% higher than our opinion of probable construction cost, however the engineer’s opinion of probable construction cost was prepared in May of 2021 almost a full year before bids were received. Since that time prices across all industries have increased significantly, and the price of electrical generators in particular have risen substantially. Based on our conversations with the generator representatives (Cummins and Caterpillar) the costs of emergency standby generators have increased approximately 30% since this time last year. Based on this, we believe that the pricing provided by the low bidder is appropriate. Tetra Tech has worked with Simmonds on multiple previous successful projects and therefore we believe that they are a qualified bidder. Based on the factors above, Tetra Tech recommends award of the subject project to Simmonds Electrical of Naples, Inc. in the amount of $566,461.75. Please do not hesitate to call me with any questions you may have. Very truly yours, Tyler Wainright, P.E. Project Manager 16.C.5.c Packet Pg. 1085 Attachment: Engineer's Letter of Recommendation (22098 : Tamiami Wells 6 & 11 Generator Replacement) 16.C.5.d Packet Pg. 1086 Attachment: Certificate of Liability Insurance (22098 : Tamiami Wells 6 & 11 Generator Replacement) 16.C.5.ePacket Pg. 1087Attachment: Bonds (22098 : Tamiami Wells 6 & 11 Generator Replacement) 16.C.5.ePacket Pg. 1088Attachment: Bonds (22098 : Tamiami Wells 6 & 11 Generator Replacement) 16.C.5.ePacket Pg. 1089Attachment: Bonds (22098 : Tamiami Wells 6 & 11 Generator Replacement) 16.C.5.ePacket Pg. 1090Attachment: Bonds (22098 : Tamiami Wells 6 & 11 Generator Replacement) 16.C.5.ePacket Pg. 1091Attachment: Bonds (22098 : Tamiami Wells 6 & 11 Generator Replacement) 16.C.5.ePacket Pg. 1092Attachment: Bonds (22098 : Tamiami Wells 6 & 11 Generator Replacement) 16.C.5.ePacket Pg. 1093Attachment: Bonds (22098 : Tamiami Wells 6 & 11 Generator Replacement) 16.C.5.ePacket Pg. 1094Attachment: Bonds (22098 : Tamiami Wells 6 & 11 Generator Replacement) Tamiami Wells 6 & 11 Generator Replacement Matt McLean, Director Public Utilities Division May 24, 2022 Collier County | Florida 16.C.5.g Packet Pg. 1095 Attachment: PowerPoint (22098 : Tamiami Wells 6 & 11 Generator Replacement) Project Scope u The scope of this project provides for the replacement of two generators at Tamiami Wells 6 &11 that have reached the end of there useful life. u Each generator will supply emergency power to four production wells during losses to FPL power. u These eight wells account for 25%of the County’s total Tamiami Wellfield fresh raw water supply. u The completed project will provide system reliability and sustainability during losses of FPL power. Public Utilities Department Engineering and Project Management Division 3 16.C.5.g Packet Pg. 1096 Attachment: PowerPoint (22098 : Tamiami Wells 6 & 11 Generator Replacement) Location Map 16.C.5.g Packet Pg. 1097 Attachment: PowerPoint (22098 : Tamiami Wells 6 & 11 Generator Replacement) Tamiami Well 6 Generator Public Utilities Department Engineering and Project Management Division Proposed Location Raw Water Booster Pump Station A d d n e w Add new picture Ty pical Level Indicator Tr ansmitter Ty pical Level Indicator Control Box 16.C.5.g Packet Pg. 1098 Attachment: PowerPoint (22098 : Tamiami Wells 6 & 11 Generator Replacement) Recommendation u To approve a purchase order with Simmonds Electrical of Naples Inc., under Agreement No. 19-7527 for the “Tamiami Wells 6 & 11 Generator Replacement,” in the amount of $566,461.75. Public Utilities Department Engineering and Project Management Division 6 16.C.5.g Packet Pg. 1099 Attachment: PowerPoint (22098 : Tamiami Wells 6 & 11 Generator Replacement) MUL Tl-CONTRACTOR AWARD AGREEMENT # 19-7527 for Electrical Contractors with Public Utilities Specialization THIS AGREEMENT, made and entered into on this ID~ day of ,.J~ffi~( 2o _}j , by and between Simmonds Electrical of Naples, Inc.. · , authorized to do business in the State of Florida, whose business address is 8981 Quality Road, Bontia Springs, Florida 34135 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): W I T N E S S E T H: 1. AGREEMENT TERM. The Agreement shall be for a three (l__) year period, commencing [ii upon the date of Board approval □---------' and terminating three (l._) year(s) from that date or until all outstanding [ii Purchase Order(s) D Work Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may , at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (~) additional one (.....:!....__} year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee , may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days . The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2 . COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a [i]Purchase Order ONotiae to Proaeed. 3 . STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of D Request for Proposal (RFP) D Invitation to Bid (1TB) [ii Other Request for Qualifications ( RFQ ) # 19-7527 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. D The Contractor shall also provide services in accordance with Exhibit A -Scope of Services attached hereto . 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 33 Multi-Contractor Award Agreement 2017 .006 Ver.1 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 [j] The procedure for obtaining Work under this Agreement is outlined in Exhibit A -Scope of Services attached hereto. D +he pFOoedure for oetaining Work under this Agreement is outlined in D G#lef Exhibit/,A.ttaohment: 3.4 Iii The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. [j] The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. Contractor's quoted prices shall be based on Exhibit B-Fee Schedule, for Not-to-Exceed Time and Material quotes. 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". D +he County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of ___________________ ($ ______ ), per CotJnty fiscal year, eased on VVork perfermed pblrstJant to the quoted price offered l::>y the Gontraetor in response to a speeific ReqtJest for Quotations and the Price Methodology as definea in Section 4A. D Contractor's quoted prices shall be based on Exhibit B Fee Schedule. Payment will be made blpon receipt of a proper invoice and upon approval by the County's Gontract Administrative Agent/PrOject Manager, and in compliance with Ghapter 218, Fla. Stats., othen.vise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): [j] 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. [j] 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 subcpntractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Page 2 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 D lJnit Price: The County agrees to-pay a firm total fixed price (inclusive of all costs, incluein§ labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units reoeived (no contraotor inventory or cost verifioation). 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 "!aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 D +ravel and Reimbursable Expenses: Travel and Reimbursable Expenses must be approved in advanoe in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the follov.iing rates: ttlfl-SR $11.00 Dinner Airfare Rental car Lodging no Reimbursable items other than travel expenses shall be limited to the folloi.ving: telephone long distance oharges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption# 85-8015966531 C. Page 3 of 33 Multi-Contractor Award Agreement 2017 .006 Ver.1 0 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Address: Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Simmonds Electrical of Naples, Inc. 8981 Quality Road Bonita Springs, Florida 34135 E.B Simmonds President (239) 643-2770 Kim@simmondselectricalofnaples.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: Steve Messner ----------------------Division Name: Public Utilities Water Division Address: Administrative Agent/PM: Frank Inzano Telephone: (239) 252-2597 E-Mail(s): Frank. I nzano@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, Page 4 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 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 Ii] 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. Ii] Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.· This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Ii] 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 accident. for each .Q.,. D Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional ser¥ices under thi~Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance sl:laU have limits of not less than $ _____ each claim and aggregate. €:-D .Gyber Liability: Coverage shall have minimum limits of $ ______ per claim. F:-0 _________ : Coverage shall have minimum limits of$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Page 5 of 33 Multi-Contractor Award Agreement 2017 .006 Ver.1 Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 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 Public Utilities Department -Water Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. Page 6 of 33 Multi-Contractor Award Agreement 2017 .006 Ver.1 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), Ill Exhibit A Scope of Services, Ii] Exhibit B Fee Schedule, D RFP/ D ITB/[iJ Other Request for Qualification # 19-7527 , including Exhibits, Attachments and Addenda/Addendum, D subsequent quotes and corresponding contract doouments, Iii Exhibit C-1 Public Payment Bond, Iii Exhibit C-2 Public Performance Bond, Ii] Exhibit D -Release and Affidavit Form, Iii Exhibit E -Form of Contract Application for Payment, Iii Exhibit F -Change Order, Iii Exhibit G -Certificate of Substantial Completion, [j} Exhibit H - Certificate of Final Completion, ~ Exhibit I -Warranty, and Iii Other Exhibit/Attachment: Exhibit I-Federal Grant Provisions '< 17. APPLICABILITY. Sections corresponding to any checked box (■) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701 (2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-57 46 Telephone: (239) 252-8383 Page 7 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 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. Ii] BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page 8 of 33 Multi-Contractor Award Agreement 2017 .006 Ver.1 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. ~ 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 Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the Page 9 of 33 Multi-Contractor Award Agreement 2017 .006 Ver.1 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. SUB MITT ALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. Ii] 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. [j] CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Page 10 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 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. Ii] 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. Ii] 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. Ii] PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Page 11 of 33 Multi-Contractor Award Agreement 2017 .006 Ver.1 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. ~ COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "D." B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "I". Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. Page 12 of 33 Multi-Contractor Award Agreement 2017 .006 Ver.1 35. [I] WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 39. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 40. D KEY PERSONNEL. The Contractor's personnel and management to be utilized for this preject 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 peFSons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to Page 13 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet tl=le required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or e><perience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County •.vithin seven (7) days of the change. The County retains final approval of proposed replacement personnel. [ii 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. D ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall tal<:e precedence-: [ii ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their Page 14 of 33 Multi-Contractor Award Agreement 2017 .006 Ver.1 background check is valid, as discussed below. All technicians shall have on their shirts the name of the contra,ctor'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. [j] SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 15 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 IN WITNESS WHEREOF, the parties hereto , have each, respectively , by an authorized person or agent, have executed this Agreement on the date and year first written above . · .. _(: ,-t?>/\.;•.J:· ATTEST '':i.,.•,•i';/· .. , .. ·• 4 '(/'.~~~-~{·/!'":~. ·~,[}'/0f '\~•i'<~:; .,y·::·_. ·. ,·, . ·courts & , D . " , . ' ,: -~ ; .<~~ ·1 s·.,..._E"""'~"--;,'l:~-c-ri_c.,c.,,_ .. c-'-:-1-...;.,.:..,..~......;..,-=-.-,---,: 's ·. ··-t,,./(. 0nio -~ V . ~f i on l · Con tnicto'r's1 ,j·Wlm WJs~sf -, • • j ,I ~' ' I ' ·f . ' ~h!Jvi_(l~ Contractor's First Witness Barbara Robinson Cindy Simmons tType/print witness namet ney -,--~ \_ BOARD 0 COLLIER NTY _COMMISSIONERS DA Simmonds Electrical Contractor By :~-sr~~~~~~==::::::.... Si Lyne , Controller tType/print signature and titlet Page 16 of 33 Multi-Contractor Award Agreement 2017 .006 Ve ~ ~ Exhibit A Scope of Services [j] following this page (pages _1_ through _7_) D this exhibit is not applicable Page 17 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 19-7527 "Electrical Contractors with Public Utilities Specialization Exhibit A SCOPE OF SERVICES Simmonds Electrical of Naples, Inc. The terms "Vendor", "Contractor", and/or "Electrical Contractor(s)" shall be used interchangeably throughout this document. The terms "County", "Division", and/or "Department" shall be used interchangeably throughout this document. This Agreement is to utilize a pool of Electrical Contractors for the installation and repair of electrical systems for County owned and operated facilities to minimize operational down time and for facilities to be maintained in top operating condition. Contractors will provide installation services, routine repair services, and urgent repairs for the types of electrical systems identified on County properties, including but not limited to Water and Wastewater plants, booster stations, IQ facilities, wellfields, pump stations and operations facilities. Contractors shall be capable of furnishing all labor, materials, tools, equipment, and supervision for the installation and repair of electrical facilities on County properties, be responsive to requests for quotes and complete work in a timely manner. Electrical Contractors will be responsible for providing complete electrical contracting services for a wide range of projects as may be required by the Department or Divisions. Contractor(s) shall be responsible for knowledge of and compliance with all relative local, state and federal building codes and regulations. I. ASSIGNMENT OF WORK A. Planned Projects: All planned projects/new work/typical work (these are interchangeable terms) will be quoted out to all Contractors using Lump Sum pricing with no markup and awai·ded based on lowest quote price. The procedure to be followed will be determined by the value of the project: Procedure for projects with a value of $50,000 (or current County bidding threshold) or less is outlined below: 1. Summary of Work to be provided to all the Electrical Contractors. Completion time and the collection of liquidated damages may be specified in the Summary of Work. 2. The Electrical Contractors shall respond with the information and/or proposal sought within seven (7) business days, or as specified in the Summary of Work. Contractor(s) who do not provide written quotes within seven (7) business days shall be declared as having provided a "no-bid" response to the County. 3. Issuance by County of a numbered Work Order/Purchase Order. (The Work Order number is the same as the Purchase Order number.) Procedures for projects with a value of $50,000 to $200,000 are as follows: 1. Summary of Work shall be provided to all of the Electrical Contractors. Completion time and the collection of liquidated damages may be specified in the Summary of Work. Exhibit A Page 1 of7 2. Electrical Contractors shall respond with the information and/or proposal sought within ten (10) business days, or as specified in the Summary of Work. Contractor(s) who do not provide written quotes within ten (10) business days shall be declared as having provided a "no-bid" response to the County. 3. Issuance by County of a numbered Work Order/Purchase Order. Procedures for projects with a value of $200,000 to $750,000 are as follows: 1. Summary of Work shall be solicited from all of the Electrical Contractors. Completion time and the collection of liquidated damages may be specified in the Summary of Work. Payment and Performance Bonds will be required and shall be provided within ten (10) business days after notification of award. 2. Contractors shall respond with the information and/or proposal sought within ten (10) business days, or as specified in the Request for Quotation. Contractor(s) who do not provide written quotes within ten (10) business days shall be declared as having provided a "no-bid" response to the County. 3. Issuance by County of a numbered Work Order/Purchase Order.; Board of County Commissioners approval is required. B. Urgent Work: Contractor's will be awarded based on a rotation of the vendors. Requires telephone or email acknowledgement of the request within one hour. Vendor must provide a quote within 24 hours of the visit and also provide a schedule to complete required repairs. County may require the vendor to secure damaged work area via a temporary repair. Urgent work will be completed on a rotating schedule for each category with one (1) Contractor designated for a one (1) week period. Each selected Contractor shall supply all County depmiments utilizing this contract with a minimum of two (2) twenty-four (24) hour urgent contact phone numbers. Urgent work shall be defined as any work that is not scheduled. All Contractors must participate in the urgent work rotation, which will be equally divided among the Contractors awarded under this Agreement. The annual schedule will be developed at a meeting of all selected Electrical Contractors at the beginning of the contract and annually thereafter. Public Utilities Division will maintain the rotation schedule. Urgent calls for assistance must be responded to within thitiy (30) minutes, with crews' onsite within two (2) hours to begin repairs. Should a Contractor fail to respond to an urgent call and fail to obtain urgent coverage by another Contractor under this contract, this Contract may be subject to termination. Contractors shall provide the County with a one (1) year wananty for all work perfonned. This wananty will not go into effect until the project has been substantially completed and accepted. The County reserves the right to supply all necessary paiis for selected projects and repairs. Negotiated prices shall be based on County maintained unit prices, but are subject to market and site conditions, quantity, and other considerations. II. GENERAL REQUIREMENTS The vendor shall comply with the following General Requirements and Division specific requirements, including but not limited to: A. General Requirements 1. Regular service shall be made available between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding County recognized holidays. All other hours shall be considered overtime and charged at the appropriate rate of time and one half. Work completed on County recognized holidays, Saturday and Sunday shall also be considered at the overtime rate of time and one half. Exhibit A Page2of7 2. The Vendor will be required to do urgent repairs at times other than normal working hours. The Vendor shall be available on a twenty-four (24) hour basis, three hundred sixty-five (365) days per year for such urgent work, including before and during States of Emergencies. 3. The Vendor shall supply the County with a minimum of two (2) urgent on-call telephone numbers and the same ( or different telephone number) for routine repairs/new installation. 4. Employees: The Vendor shall employ at least one (1) state licensed electrician with at least four (4) years proven electrical knowledge, skills and experience in the industrial and commercial field; and adequate numbers of helpers to provide additional services. 5. Licenses: The Vendor, at time of bid submittal, shall possess, and maintain throughout the term of the contract period and any renewal periods, the correct occupational licenses, all professional licenses or other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Laws, Statute, Ordinances, and rules and regulations of any kind. The vendor shall be licensed to operate within Collier County. 6. Quote Process: The vendor agrees to provide written quotes to the Divisions. Further, the vendor shall not charge the Divisions for the cost of the quote, meetings pertaining to the quotes, or on-site visits to obtain the quotes. Quotes are to be fully burdened with all labor, equipment and materials included. The quotes shall be submitted as not-to-exceed time and material. Quotes shall be provided to the Divisions' contact in the following timeframe: a. Division Urgent Orders: The vendor shall provide a telephone or email acknowledgement of the request within one hour and the quote within twenty-four (24) hours. Vendor(s) who do not provide an acknowledgement of the request within one hour or written quotes within twenty-four (24) hours shall be declared as having provided a "no-bid" response to the County. The County will issue a. purchase order ( or blanket purchase order) and it shall be considered as a "Notice to Proceed". No work for a specific job shall begin until the Contractor is in receipt of an approved purchase order. 7. Acceptance of Quote by County: Once the County has accepted the vendor's quote, the vendor shall be notified. The vendor shall be notified. The vendor shall commence the work within the following timeframe: a. Division Urgent Work: within one (1) hour; unless specifically directed by the County contact. 8. Safety: Vendor and subcontractors shall comply with all Occupational Safety and Health Administration (OSHA), National Electric Code (NEC), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors 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. 9. Traffic Control: Vendor shall provide traffic control for work along roadways and shall comply with the requirements of Collier County's Maintenance of Traffic Policy (copies are available through the Risk Management or Procurement Divisions). 10. Background Checks: Vendors and their subcontractors must have background checks if they will have physical access to any Collier County locations, facilities, documents or other information related to security and/or public safety, or at the discretion of the County, at the vendor's expense. Exhibit A Page 3 of7 Contract employees with negative background check results may be denied all access to the site, may be restricted to specified geographic areas and/or at ce1tain times of the day and must always be personally esco1ted by a County or Contract employee that is not subject to any such restrictions. 11. Employee Identification: The vendor shall ensure that all employees have Collier County Government identification badges prior to the stait of work, and that, those identification badges are worn at all times while performing services on County facilities. Any vendor's staff or subcontractors observed on site without authorized identification badge will be removed immediately from the job at no expense to be billed to the county. The vendor whose member has been removed from site will have negative comments place in the annual review and placed on file with the County regarding this noncompliance . .12. Equipment: Vendor shall own, and have in good repair, or have the ability to rent all equipment necessary to perform the described services in particular and the equipment necessary to complete related tasks. If heavy equipment (i.e., crane, bucket truck, etc.) is needed, the user Division must be notified, in advance, for approval. The vendor shall have occasions where they must have, or rent, bucket trucks that extend from fifteen (15) to one hundred twenty-five (125) feet. Vendors must list any equipment that they do not have, or have access to, to meet the fifteen (15) to one hundred twenty-five (125) feet requirement. 13. Patts: Parts purchased for on-call electrical repairs/new installations shall be reimbursed at cost plus applicable mark-up. The vendor shall provide documentation with their invoice, of the cost for paits and supplies (i.e., invoices) for all individual items with a price of nine hundred and ninety-nine dollars and ninety-nine cents ($999.99) or more. Vendor must also order, receive repair parts in a timely and effective manner. Electrical parts manufacturers that are commonly used by the County include: Seco Electronics, Action Pak/Action Instrument, Allen Bradley, SSAC Digi Set Time Delays, Square D, PS Syracuse, Diversified, Potter Brumfield, Russell Stoll, Magnetek, AGM and ACME. This is just a representative list and does not list all paits manufacturers within the County facilities. 14. Protection of Property: The Vendor shall make necessary repairs in such a manner that does not damage property. In the event damage occurs to property by reason of any repairs or installations performed under this Contract, the Vendor shall replace or repair the same at no cost to the County. If damage caused by the Vendor needs repair or replacement by the County, the cost of such work shall be deducted from the monies due the Vendor. 15. Clean-Up: The Vendors shall be responsible for removing all debris from the site and cleaning affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses, or upon request by the County's representative, shall remove such debris and materials from the prope1ty. The Vendor shall leave all affected areas as they were prior to beginning work (i.e. backfill trenches and replace sod.) 16. Warranty/Guarantee: Patts, replacement parts and fixtures shall be new and warranted for one- hundred and twenty (120) days. All labor for repairs shall have a one-hundred and twenty (120) day warranty. 17. Unsatisfactory Work: In the event the work performance of the Vendor is unsatisfactory, the Vendor will be notified by the County and be given seven (7) calendar days to co1Tect the work. There will be no cost to the County for re-work or previously performed service by Vendor. 18. Invoices: The Vendor shall produce invoices that contain the following details regarding the services performed: • Purchase order number, Exhibit A Page 4 of7 • Location of service and any Division reference number for the service, • By position: Identify position, number of work hours performed on site, labor rate and total cost, (not applicable to lump sum work) • Materials furnished: Description of each pmi used, vendor's cost of part, mark-up (either as a percentage or dollar) and total cost (the County may request the vendor's invoice from their supplier for any material used on the completion of a project), (not applicable to lump sum work) • Equipment: Description of each piece of equipment used, vendor's cost of equipment and total cost (the County may request the vendor's invoice from their supplier for any equipment rented on the completion of a project), (not applicable to lump sum work) • Subcontractors: Description of service provided, number of hours, hourly rate per trade, vendor's mark-up and total cost, (not applicable to lump sum work) • If applicable, any deductions or discounts, and • Total Cost to be paid by County B. Water/Wastewater Specific Requirements The Water/Wastewater Divisions require a variety of electrical services at locations across the County. For work at the County's Water and Wastewater Divisions, on-call or new installation, the Vendor must be knowledgeable in industrial electronic repair, as a majority of this work requires working with 4160 VAC and below, including, but not limited to splicing of submersible motors, troubleshooting and rewiring high service motors, thermal overloads with the associated Variable Frequency Drives (VFDs), chemical feed pumps fed by 4-20 MA, and assorted breakers and starters made by GE and Siemens (600V-90 Amp). 1. Responses to on-call repair and urgent work will be based on the following priority system: I.Priority 1 (Urgent) -The Division will call for an urgent repair, which shall be followed up by a confirming email to the Vendor by Public Utilities staff. The Vendor shall call the requesting Public Utilities Division confirming receipt as soon as it is received. The Vendor shall be on- site and effecting repairs in one (1) hour or less. 2.Priority 2 (Urgent) -The Division will call for a repair, which shall be followed up by a confirming email to the Vendor from Public Utilities staff. The Vendor shall call the requesting Division confirming receipt as soon as it is received. The Vendor shall be on-site and repairs begun within three (3) hours of the initial call being placed. 3.Priority 3 (Urgent) -The Division will call for a repair, which shall be followed up by a confirming email to the Vendor by the Public Utilities staff. The Vendor shall call or email the requesting Division confirming receipt of the email within one (1) hour and on-site repairs begun within twenty-four (24) hours of the initial repair call. This is for repairs that do not require immediate need. 4.Priority 4 (Urgent) -The Division will call the Vendor for repair, which shall be followed up by a confoming email to the Vendor. The Vendor shall call or email the requesting Division confirming receipt of the within one (1) hour and on-site repairs begun within seven (7) calendar days of the initial repair call. This is for repairs that do not require immediate attention. 2. The following rate schedule is for Not-To-Exceed Time and Material quotes for Urgent work only. These hourly rates as set fotih below are also for purposes of providing estimates, as required by the grantor agency. If required all overtime and holiday pay will be 1.5 times the approved rate: Item % mark-up patis Journeyman Electrician Hourly Rate Apprentice Electrician Hourly Rate Exhibit A Page5of7 Hourly Rate 10% $65 $65 Electrician Helper Hourly Rate $17 General Laborer Hourly Rate $14 Ditch Witch Equipment Hourly Rate $35 Industrial size forklift (to unload up to 150KW generator) with tires designed for rough $125 terrain Hourly Rate Forklift Operator Hourly Rate $65 Crane (with 120 foot reach) Hourly Rate $100 Crane Operator Hourly Rate $65 Bucket Truck (with 40 foot reach) Hourly Rate $50 Bucket Truck (with 60 foot reach) Hourly Rate $40 Bucket Truck (with 80 foot each) Hourly Rate $95 Bucket Truck Operator Hourly Rate $65 Each confirming email will be sent to the vendor with a priority attached. If a priority is not, the Vendor is responsible for obtaining a priority, so the work can be classified properly. A sample copy of the work request is attached below. Date Issued: Sample Only Public Utilities Electrical Service Request --------------Request# ______________ _ Facility Name: -------------- Phone#: Contact Person: EMAIL: ---------------- Issued To (Vendor) _______________________________ _ Phone#:______________ EMAIL: Priority: Circle One -1 2 3 4 1. Priority Definitions: Priority 1 -Urgent, Vendor response within 1 hour of work request receipt. 2. Priority 2 -Vendor repair response within 24 hours of work request receipt. 3. Priority 3 -Vendor repair response within 72 hours of work request receipt. 4. Priority 4 -Vendor repair response within 7 calendar days of work request receipt. Problem ___________________________________ _ Exhibit A Page 6 of7 III. ADDITIONAL REQUIREMENTS Further, the County requires awarded vendor to: 1. Abide by all County safety standards (i.e. MOT). 2. Coordinate utility locate services, as required, prior to the start of any replacement or new installation of electrical materials. 3. Typically, maintenance and repair services will be completed during normal business hours; however, the County may request services during off-hours, as deemed necessary by the County Representative and/or designee. Normal business hours are considered Monday through Friday between 7:00 AM and 5:00 PM. After hours are considered before 7:00 AM and after 5:00 PM on weekdays and at any time on Saturday, Sunday or County Observed Holiday. An after-hours rate will be allowed for off-hours services. 4. Abide by any and all County standards, codes and/or ordinances relating to electrical services. 5. Work with the County project manager for requirements on obtaining and closing any required permit. 6. Provide invoices (billing) that identifies the County's purchase order and the supplier's quote number; invoices (billing documents) must match how the quote was documented for labor and material costs associated with the project. 7. Provide for "re-work" service: in the event that the County's project manager declares the work has been performed to an unsatisfactory condition, the vendor will return to the project site within seven (7) business days to correct the repair, replacement or new installation to the satisfaction of the County for no additional cost. 8. 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. The following A1iicles of the Agreement shall only be applicable for individual projects over $200,000; Article 22. Bonds Article 23. Liquidated Damages Article 24. Payments Article 34. Completion Exhibit A Page 7 of7 [ii following this page D this exhibit is not applicable Exhibit B Fee Schedule Page 18 of 33 Multi-Contractor Award Agreement 2017 .006 Ver.1 EXHIBIT B -FEE SCHEDULE SIMMONDS ELECTRICAL OF NAPLES, INC. The following rate schedule is for Not-To-Exceed Time and Material quotes for Urgent work only. These hourly rates as set forth below are for purposes of providing estimates, as required the grantor agency. If required all overtime and holiday pay will be 1.5 times the approved rate: Item Hourly Rate % mark-up parts 10% Journeyman Electrician Hourly Rate $65 Apprentice Electrician Hourly Rate $65 Electrician Helper Hourly Rate $17 General Laborer Hourly Rate $14 Ditch Witch Equipment Hourly Rate $35 Industrial size forklift (to unload up to 150KW generator) with tires $125 designed for rough tenain Hourly Rate Forklift Operator Hourly Rate $65 Crane (with 120 foot reach) Hourly Rate $100 Crane Operator Hourly Rate $65 Bucket Truck (with 40 foot reach) Hourly Rate $50 Bucket Truck (with 60 foot reach) Hourly Rate $40 Bucket Truck (with 80 foot each) Hourly Rate $95 Bucket Truck Operator Hourly Rate $65 Exhibit C-1 D this exhibit is not applicable PUBLIC PAYMENT BOND Bond No. Contract No. ----- KNOW ALL MEN BY THESE PRESENTS: That ____________ , as Principal, and , as Surety, located at __ ___________________ (Business Address) are held and firmly bound to ______________ as Oblige in the sum of ____________ _ ($ ______ _, for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _day of _____ , 20_ with Oblige for ____ ..;._ ________________________ _ in accordance with ----------------------------drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. · The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this ___ day of _____ , 20_, the name of under-signed representative, pursuant to authority of its governing body. Page 19 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _______ _ COUNTY OF ______ _ PRINCIPAL: By:-------------- Name: ---------------1 ts: _______________ _ The foregoing instrument was acknowledged before me 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) 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 2017 .006 Ver.1 Witnesses STATE OF _______ _ COUNTY OF ______ _ As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this __ of _______ 20_, by _ _____________ ,as __________________ _ of _________________ , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: ______________ _ (Legibly Printed) Notary Public, State of _________ _ Commission No.: ___________ _ Page 21 of 33 Multi-Contractor Award Agreement 2017 .006 Ver.1 D this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. ----- KNOW ALL MEN BY THESE PRESENTS: That _______________ _ _______________ , as Principal, and _______________ _ ________ , as Surety, located at ______________________ _ _____________ (Business Address) are held and firmly bound to _______ _ _____________ , as Oblige in the sum of ________________ _ ________ ($ ______ _, for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the_ day of _______ _ 20 __ , with Oblige for _____________________________ _ in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 22 of 33 Multi-Contractor Award Agreement 2017 .006 Ver.1 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 notapply 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 ______ _ PRINCIPAL: By: _____________ _ Name:------,-----------Its: _______________ _ The foregoing instrument was acknowledged before me this __ day 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) Name: ______________ _ (Legibly Printed) Notary Public, State of _________ _ Commission No.: ___________ _ Page 23 of 33 Multi-Contractor Award Agreement 2017.006 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 this __ day of _____ -20_, by _ _____________ , as ______________ of ________ _ ________ , Surety, on behalf of Surety. He/She is personally known to me OR has produced __ __________ as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: ---------------(Leg i b I y Printed) Notary Public, State of _________ _ Commission No.: ___________ _ Page 24 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 D this exhibit is not applicable COUNTY OF '------) STATE OF L ) EXHIBIT D RELEASE AND AFFIDAVIT FORM Before me, the undersigned authority, personally appeared _________________ who being duly sworn, deposes and says: 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 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 BY: __________ _ ITS: DATE: [Corporate Seal] The foregoing instrument was acknowledged before me this __ day 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) NAME: __________ _ (Legibly Printed) Notary Public, State of ______ _ (AFFIX OFFICIAL SEAL) Commissioner No.: _______ _ Page 25 of 33 Multi-Contractor Award Agreement 2017 .006 Ver.1 D 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 OWN ER) FROM: ___________ (Contractor's Representative) ___________ (Contractor's Name) ___________ (Contractor's Address) Bid No. ____________ _ PO No. _____________ _ Project No. ___________ _ Application Date __________ _ Payment Application No. _______ _ for Work accomplished through the Date: RE: _______________________________ (Project Name) Original Contract Time: ______________ _ Original Contract Amount: $ ____ _ Revised Contract Time: ______________ _ Total Change Orders to Date $ ____ _ Revised Contract Amount $ ____ _ Total value of Work Completed Retainage @ 10% thru[insert date] $ ____ _ and stored to Date $ ____ _ Retainage@ __ % after [insert date] $ ____ _ Less previous payment (s) $ ____ _ Percent Work completed to Date: ______ % AMOUNT DUE THIS Percent Contract Time completed to Date ______ % APPLICATION: $ ___ _ Liquidated Damages to be Accrued $ _____ _ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through __ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: __________________ (Contractor's Name) __________________ (Signature) DATE: ________ _ __________________ (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPL! CATION is recommended: By Design Professional : _________________ (DP's Name) _________________ (Signature) DATE: ________ _ _________________ (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: ______________ (Signature) DATE: ________ _ ______________ (Type Name and Title) Page 26 of 33 Multi-Contractor Award Agreement 2017 .006 Ver.1 D this exhibit is not applicable EXHIBIT F CHANGE ORDER 0 Contract Modification Contract#:!~----- Contractor/Firm Name: 0 Work Order Modification Change#: D Purchase Order#: Project Name: Project Manager Name: '----------------' Department: Original Contract/Work Order Amount Current BCC Appro\ed Amount ... Current Contract/Work Order Amount Dollar Amount of this Change #DIV/0! Revised Contract/Work Order Total I $ 0.00 #DIV/0! Cumulative Chanaes I $ o.ool #DIV/0! Project#: '~----~ Original BCC Approval Date; Agenda Item # Last BCC Approval Date; Agenda Item # SAP Contract Expiration Date (Master) Total Change from Original Amount Change from Current BCC Appro'l.ed Amount Chanae from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed I Date ~----~ # of Days Added I below) ~--- Or/ginal Completion Date Select Tasks I ~~! Approved I I Revised Date ~--~-~----~ Includes this change) O Add new task(s) 0 Delete task(s) O Change task(s) 0 Other (see Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) 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 and/or Contractor if needed. Prepared by:-------------------------------Date: ______ _ (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract/ work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant/ Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by:_______________________________ Date: ______ _ (Contractor/ Vendor/ Consultant/ Design Professional and Name of Firm, if project applicable) Approved by:_______________________________ Date: ______ _ (Design Professional and Name of Firm, if project applicable) Approved by: ______________________________ _ (Procurement Professional Page 27 of 33 Date: ______ _ Multi-Contractor Award Agreement 2017.006 Ver.1 D this exhibit is not applicable EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. __________ ENGINEER'S Project No. ______ _ PROJECT: ------------------------------- CONTRACTOR ------------------------------ Contract For -------------------Contract Date --------------------- This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To ----------------------------------0 W NE R 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 the1 Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within ____ days of the above date of Substantial Completion. Page 28 of 33 Multi-Contractor Award Agreement 2017 .006 Ver.1 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on __________ , 20 Design Professional By: __________________ _ Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ______________ ,20_ CONTRACTOR By: ______________ _ Type Name and Title OWNER accepts this Certificate of Substantial Completion on _________________ ,20_ OWNER By: ______________ _ Type Name and Title Page 29 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 0 D this exhibit is not applicable EXHIBIT H CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. _________ _ ENGINEER'S Project No. ______ _ PROJECT: ------------------------------- CONTRACTOR Contract For Contract Date ------------------------------ This Certificate of Final completion applies to all Work under the Contract documents. To ----------------------------------O W NE R And To ---------------------------------- The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 30 of 33 Multi-Contractor Award Agreement 2017 .006 Ver.1 0 Executed by Design Professional on __________ , 20_ Design Professional By: __________________ _ Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on ___________ _ 20 CONTRACTOR By: _______________ _ Type Name and Title OWNER accepts this Certificate of Final Completion on ______________ _ 20 OWNER By: _________________ _ Type Name and Title Page 31 of 33 Multi-Contractor Award Agreement 2017.006 Ver.1 D 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 CONSUL TANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: -------------- CONTRACTOR BY: -------------- Attest: -------------- Page 32 of33 Multi-Award Agreement 2017.006 Ver. I Other Exhibit/Attachment Description: Exhibit C-Federal Grant Provisions Ii] following this page (pages _1 _ through ~) D this exhibit is not applicable Page 33 of33 Multi-Award Agreement 2017.006 Ver.! EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract (including a purchase order). Compliance with Federal Law, Regulations and Executive Orders: The Sub-Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal, State, and local laws, regulations, codes and ordinances: o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Reporting: The contractor will provide any information required to comply with the granter agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. OHS Seal, Logo, and Flags: The contractor shall not use the OHS seal(s), logos, crests, or reproductions of flags or likenesses of OHS agency officials without specific FEMA pre-approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. EXHIBIT 1-1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement,· Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the County wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the County must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Changes: See Standard Purchase Order Terms and Conditions. Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F .R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200,321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; EXHIBIT I-2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60· 1 .4. During the performance of this contract, the contractor agrees as follows: I. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotiori, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. II. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. Ill. 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 employei;, or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. IV. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. · EXHIBIT I -3 0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, In the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. EXHIBIT 1-4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Clean Air Act and Federal Water Pollution Control Act: (over $150,000) (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." State Provisions Convicted Vendor and Discriminatory Vendors List Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may, not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or any state agency. Inspector General Cooperation: The Parties agree to comply with Section 20,055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Record Retention -The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee's access to such records upon request. EXHIBIT 1-5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions; and Grant Clauses Certification If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Simmonds Electrical of Naples, Inc. Date January 31, 201~ <"' {Ji.------- Authorized Signature ~ -- EXHIBIT 1-6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VO LUNT ARY 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 Slmmonds_:ectrical of Naples, Inc:J Bys~ E.B. Simmonds, President Name and Title 8981 Quality Road Street Address Bonita Springs, FL 34135 City, State, Zip 112958103 DUNS Number January 31, 2019 Date Sub-Recipient Name: DEM Contract Number: FEMA Project Number: Collier County Board of County Commissioners Z0001 4337DRFLP0000001 EXHIBIT I -7 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT status will be \'erified. un•,•arlfa!;le stawses •Jii\l require the PPJME to either proivde a revisad statement or pro~1de source documentation that validates a status • ,·'·; . . \ .• A,1 PRIME\'ENDOij/cONJRACT0R;INF0RMATION . . ; f. .. ,,. .. : , ; ; ) .· : -'c.' ,;, ,--, -.,:-_, ', '-•-, , · I '' ., ', ·: ,>, PRIME NAME PRIME FElD NUMBER CONTMCT DOUARAMOUITT Suimmonds Electrical of Naples, Inc. 37-1654907 LSTHEPRlMl: A flORIDA-CERllfll:O OIST<DVAIITAGl:O, VETERAN V N IS TIIE ACTIVllY OF THIS CONTRACT_ MINORm· OR WOMEN BU51 !IESS EIITTRPRISE? DBE? y N CONSTRUCTION ? [yJ ll (DBf/MBE/1'/BE) OR HA\/E A SMAlL DISAOVAtITAGED 8U5lNESS SA CERTlfJCATION FROM TliESMALL BUSINESS MBE? y N CONSULTATION? y N ADMINISTRATION? A 5fl\VICE DISASU:D VETERAt(? WBI:? y N OTHER? y N 50:BSA? y N IS Tll!S SUBMl55lON A Rf\llSION? V N If YES, REVISION NUMBl:R a.: IF,PRt!IJlE f;IAS·SIJBCONTMCTO~ OR,SUPPLIER WH0Js iotSADV~AGED MINORITY/WOI\IIEN;.<JWNEo; SMALL •·• ,,. ·· · ·· · aus1N1:,ss cqNceRr-i oR sER\11CEp1sAB1.1;0 vuE~; ~RJME1si-o cci1Y111LEre;ttt1sNoo,sEcnori' · · ' '.>·. .· "". ,, ·, '' ·, ''' ·, ·., . '' ' ' ' . DBE M/WBI: SUBCONTRACTOR OR SUPPLIER lYPE OF WORK OR ETHNICt!Y CODE SUB/SUPPLIER PERCEIIT OF COTITRACT VETERAN NAME SPEC1Al1Y (see Below] OOUAll AMOUIIT DOUARS TOTALS: ,• C.'-SECTION TO BE COMPLETED SY P.RIME,VENDOR/CONTRACTOR :_'•·::, -: . ' ·. ' .. ',,'' ·,,,,.' •·,·., ' • ••, • .. •'• :, l • "t ,', •·· ; i NAME OF SUBMITTER DATE TfT1.E OF5UBMITTfR E.B. Simmonds 1/31/2019 President EMAILAODRl:55 OF PRIME (SUBMITTl:R) TI:LEPHONI: IIUMBfR FAX NUMBER kim@simmondselectricalofnaoles.con 239 643-2770 239 643-6873 NOTE: This information is used to track and report anticipated DBE or MBE p;irticipation in federally-funded contracts. 11te anticipated DBE or MllE amount i~ voluntary and will not become part of the contractual terms. Thfaforrn must be robmitted at time of response to a solicitation. tf and when awarded a county contract, the prime wilf.be asl:ed to update th-e information for the gr.mt compfiance files. ii-4 :,·, J~';f: '¢rili:llcm, .. {:fi';:/,}t.: iR. .,. ·.~~ .. il'.CQi>E .'ii<: c,,· .. ':, el.id,Apieric;ari ·•· :BA_. Hispanic American HA •'111atlveJ\fll,!riain :tiA-,,• subcoot. tci:an American SAA Asiail•Patmi:Americiin APA ,, r-lon•Minority Women NMW Other: not of any otn~ groop lilted :·o ; · .. ,,,' ;, 'i, " 'o~SE(:Tl~N,;fO ~Eit(:>MPLE;TEDBY GOL~tE;R:f;OU,ND'.1 .. ., , < " ,'. }. DEPARTMENT N.AME rolmR OOITTRACT # IFBJ~fP orPO/REQJ GRANT PROGRAM{COIITRACT ACCEPTI:D DY; DATE EXHIBIT I -8 EXHIBIT! FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Simmonds Electrical of Naples, Inc. ~rmNa~e) SlgKertiiieoi~d-O-ffi-1c-ia_l ______ . E.B. Simmonds, President Name and Title of Contractor's Authorized Official January 31, 2019 Date EXHIBIT I -9 0 Client#· 687 49 SIMEL1 ACORDn., CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 6/18/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~gcT Lu Wallace Gulfshore Insurance -SWFL r11gNrfo, Extl: 239 261-3646 I rt~ Nol· 239 213-2803 4100 Goodlette Road N ~tDAJ~ss: lwallace@gulfshoreinsurance.com Naples, FL 34103 INSURER(S) AFFORDING COVERAGE NAIC# 239 261-3646 INSURER A : National Trust Insurance Company INSURED INSURER B : FCC! Insurance Company Simmonds Electrical of Naples, Inc. INSURERC: 8981 Quality Rd Unit 1 INSURER D: Bonita Springs, FL 34135-7000 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR /OLICY EFF 1r&Wcl8iv~9Y1 LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYYl A GENERAL LIABILITY X X GL00138517 ~6/30/2019 06/30/2020 EACH OCCURRENCE s1,000,000 t-- S~~~~H9ta~~JJiPence\ X COMMERCIAL GENERAL LIABILITY $1 000,000 f--D CLAIMS-MADE ~ OCCUR f-- MED EXP (Any one person) s10,000 X PD Ded:500 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE ~ $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $2,000,000 n IX1 PRO-nLOC $ POLICY JECT A AUTOMOBILE LIABILITY X CA 10000257503 P6/30/2019 06/30/2020 COMBINED SINGLE LIMIT $1,000,000 (Ea accident\ ~ ~ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ -AUTOS t--AUTOS X X NON-OWNED iP~?~~c~d~~fiAMAGE $ HIRED AUTOS AUTOS -t-- $ A ~ UMBRELLA LIAB ~ OCCUR UMB10001477003 06/30/2019 06/30/2020 EACH OCCURRENCE $2 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2 000 000 DED I xi RETENT10N$10000 $ B WORKERS COMPENSATION X 001WC19A68718 06/30/2019 06/30/2020 X l'jYr?R~,T~W;:,, I l~JH-AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE Cm E.L. EACH ACCIDENT $1,000 000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project# 19-7527 Electrical Contractors with public utility specialization For any and all work performed on behalf of Collier County. Collier County Board of County Commissioners is included as Additional Insured with respects to General Liability only as required by written contract with ongoing and completed operations per form CGL084 1013 (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East Naples, FL 34112 AUTHORIZED REPRESENTATIVE I /ff/ lt-J'----,...n ,.._, A.) ... _~~) © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S1438289/M1438239 LHW16 Detail by Entity Name Florida Department of State Department of State I Division of Corporations / Search Records I Detail By Document Number / Detail by Entity Name Florida Profit Corporation SIMMONDS ELECTRICAL OF NAPLES INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 8981 Quality Road, Unit 1 P11000102120 37-1654907 11/29/2011 FL ACTIVE AMENDMENT 05/11/2015 NONE Bonita Springs, FL 34135-7278 Changed: 01/17/2018 Mailing Address 8981 Quality Road, Unit 1 Bonita Springs, FL 34135-7278 Changed: 01/17/2018 Registered Agent Name & Address PARRISH, JON 3431 PINE RIDGE RD. 101 NAPLES, FL 34109 Officer/Director Detail Name & Address Title President Simmonds, Eugene B 8981 Quality Road, Unit 1 Bonita Springs, FL 34135-7278 Page 1 of2 DIVISION OF CORPORATIONS