Backup Documents 06/10/2014 Item #16C2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO� 11
MMI IE C
THE BOARD OF COUN TY COMMISSIONERS OFFICE FOR SIGN�iT
Routed by Purchasing Department to Office Initials Date
the Following Addressee(s)(In routing order)
1. Risk Management Risk /i - 6 ezoi,e0
2. County Attorney Office County Attorney Office
wItakit
3. BCC Office Board of County —e
Commissioners \('■ /J (Al3I A
4. Minutes and Records Clerk of Court's Office
6111b114 .13
5. Return to Purchasing Department Purchasing
Contact: Diana DeLeon
PRIMARY CONTACT INFORMATION
Name of Primary Diana DeLeon for Brenda Brilhart Phone Number 252-8375
Purchasing Staff June 10,2014
Contact and Date
Agenda Date Item was June 10,2014✓ Agenda Item Number 16.C.2
Approved by the BCC
Type of Document Contract Number of Original 2
Attached Documents Attached
PO number or account N/A Solicitation/Contract 13-6131 McCulley
number if document is NumberNendor Name Marine
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) " Applicable)
1. Does the document require the chairman's original signature? DD
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD
signature and initials are required.
7. In most cases(some contracts are an exception),an electronic copy of the document and DD
this routing slip should be provided to the County Attorney's Office before the item is
input into SIRE.
8. The document was approved by the BCC on the date above and all changes made DD
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for t l'
Chairman's signature.
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MEMORANDUM
Date: June 16, 2014
To: Diana De Leon, Contracts Technician
Purchasing Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Contract #13-6131 "Artificial Reef Program" related to
construction of reef material and prefabricated modules in
permitted reef sites
Contractor: McCulley Marine Services Inc.
Attached is an original copy of the contract referenced above, (Item #16C2)
approved by the Board of County Commissioners on Tuesday, June 10, 2014.
The second original contract will be held in the Minutes and Records Department
for the Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
AGREEMENT 13-6131
16C2
for
Artificial Reef Program
THIS AGREEMENT is made and entered into this ti` s' day of SAcr,e..._ , 2014, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of
the State of Florida (hereinafter referred to as the "County" or "Owner") and McCulley Marine
Services, Inc., authorized to do business in the State of Florida, whose business address is 2309
N. Old Dixie Highway, Ft. Pierce, Florida 34946 (hereinafter referred to as the "Contractor").
WITNESSETH:
1. COMMENCEMENT. The Contractor shall commence the work upon issuance of a Notice
to Proceed or as specified in a Purchase Order. The contract shall be for a three (3) year
period, commencing on Date of Board award and terminating three (3) years from that
date, or until such time as all outstanding Purchase Orders issued prior to the expiration of
the Agreement period have been completed. This contract shall have three (3) additional,
one (1) year renewals, renewable annually. 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 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 not less than ten (10) days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Contractor shall provide reef material and/or deployment
services for Public Utilities Department in accordance with the terms and conditions of ITB
#13-6131 and the Contractor's proposal referred to herein and made an integral part of this
agreement.
This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Contractor
and the County project manager or his designee, in compliance with the County
Purchasing Ordinance and Procedures in effect at the time such services are authorized.
3. COMPENSATION: The County shall pay the Contractor for the performance of this Work
pursuant to the prices offered by the Contractor in his response to ITB #13-6131 per
Exhibit A, attached herein and incorporated by reference or subsequent quotes. Any
County Agency may utilize the services offered under this contract, provided sufficient
funds are included in the budget(s). This contract will be purchase order driven.
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the
County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-
mail, or by the United States Postal Service Department, first class mail service, postage
prepaid, addressed to the following Contractor's address of record:
John W. McCulley, Vice President
McCulley Marine Services, Inc.
2309 N. Old Dixie Highway
Ft. Pierce, Florida 34946
Phone: (772) 489-6069
Fax: (772) 460-9701 Fax
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All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the
following County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Purchasing/General Services Director
Phone: 239-252-8407
Fax: 239-252-6584
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 Service Agreement must be in writing.
5. 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.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all
permits necessary for the prosecution of the Work shall be obtained by the Contractor.
Payment for all such permits issued by the County shall be processed internally by the County.
Contractor is not responsible for paying for permits issued by Collier County, but is responsible
for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor. 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.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in
any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for
any purpose in violation of any federal, state, county or municipal ordinance, rule, order or
regulation, or of any governmental rule or regulation now in effect or hereafter enacted or
adopted. In the event of such violation by the Contractor or if the County or its authorized
representative shall deem any conduct on the part of the Contractor to be objectionable or
improper, the County shall have the right to suspend the Contract 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.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of 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.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
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10. INSURANCE, PAYMENT & PERFORMANCE BONDS: The Contractor shall provide
insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent contractors; Products
and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include
Employers' Liability with a minimum limit of$1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as
the Certificate Holder and included as an Additional Insured on the Comprehensive
General Liability.
D. United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work with a limit of $ 2,000,000 Per Occurrence
E. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work with a limit of$2,000,000 Per Occurrence
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall
be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30)
day notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide County with
certificates of insurance meeting the required insurance provisions.
F. BONDS.
A. When a construction project is in excess of $200,000, the Contractor 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. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business in the State of Florida, or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within five
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(5) calendar days thereafter, substitute another bond and surety, both of which shall
be subject to the Owner's approval.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor 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.
11.1 The duty to defend under this Article 11 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 11 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.
12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, 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) failure of Contractor to make payment properly to subcontractors or for labor,
materials or equipment; (c) reasonable doubt that the Work can be completed for the unpaid
balance of the Contract Amount; (d) reasonable indication that the Work will not be completed
within the Contract Time; (e) unsatisfactory prosecution of the Work by the Contractor; or (f)
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.
13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
14. 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 modification of the
Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased
compensation without such modification. No officer, employee or agent of Owner is authorized
to direct any extra or changed work orally. Any modifications to this Contract shall be in
compliance with the County Purchasing Ordinance and Procedures in effect at the time such
modifications are authorized.
15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
contract in accordance with the Purchasing Procedures.
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16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with 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)-(d) and (3)), ordinances).
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify Owner in writing.
17. 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 and ready for occupancy by Owner.
18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. 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
Owner.
19. 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.
20. 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.
21. 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 Owner 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 Owner.
22. 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 Owner or Owner'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.
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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 Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify
Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for
all costs incurred by Owner associated therewith.
23. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work
or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a written 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.
24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Public Utilities Division.
25. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Exhibits A and B, Contractor's Proposal, Insurance Certificate, ITB
#13-6131 any addenda, etc, made or issued pursuant to this Agreement.
26. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, 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 contract held by the individual and/or firm for cause.
27. 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.
28. 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.
No markup shall be applied to sales tax.
29. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
16C2
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. 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.
30. 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.
31. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
32. 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.
33. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department 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
34. 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. Statute.
35. 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
department and/or Contractor.
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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 Department
Safety Manager and/or Safety Engineer.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: . [::.,s-,„, _ COLLIER COUNTY' FLORIDA
Dwight E. Brock, Cterk•Qf Courts
By:I •A AA AEC• . By:� _ _ /
41M416 Tom Tom enning, C, irman
Dated: 'vi% 4
(Seal)
Attest as td Chairman's
signature only.
McCulley Marine Services, Inc.
Contract.
By: dh Ii
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Fir itnes TSignatur
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Exhibit A — Price Schedule
(pages immediately following)
•
0
EXHIBIT A 1 b C s,
L
PM: Angel Rodriguez ITB 13-6131
PS: Brenda Brilhart Artificial Reef Program
Artificial Reef Program
ITB 13-6131
Description QTY Uni it Price Total
Phase One-Artificial Reef Material Deployment(1) ,t, 5,,
1 Artificial Reef Material Deployed between 0 to 14 Miles `;,k, fora 64.75 $ 64.75
2 Artificial Reef Material Deployed between 14 to 35 Miles „, Tan 74 75 $ 74,75
Phase Two-Artificial Reef Fabricated Structures(2) ;1.,h 1
3 Bft Modules ,, t� 75 Ea. 2630 $ 197,250.00
�xr ' 75 Ea. 5030 $ 377,250.00
4 12ft Modules � ��
Additional Fabricated Structures(2) li1/4 ,
5 Installation and Creation o la 1 Ea. 250 $ 250.00
6 Bft Modules Ea. 2022 $ 505,500.00
7 8ft Modules rt��, . ,' - '°,, 00 Ea 2016 $ 1,008,000.00
8 8ft t. lei �. ,„ 750 Ea. 1954 $ 1.465,500.00
9 let M*'ule *A 250 Ea 3441 $ 860,250.00
10 oules5— 500 Ea. 3430 $ 1,715,000.00
11 121rtiodules 750 Ea. 3322 $ 2.491,500.00
Collection of C&D Material Beyond the 17 mile Range(3)
12 Zone A- 17 to 30 miles away from the Barge Staging Area 1 Ton 3.65 $ 3.65
13 Zone B-30 to 40 miles away from the Barge Stapinp Area 1 , Ton 9.43 $ 9.43
14 Zone C-40 to 50 miles away from the Barge Staging Area _ 1 Ton 11 85 $ 11.85
Disclaimer $ 8,620,664.43
(1)Unit Price to include all work described in the Phase I Artificial Reef Deployment scope of work.
(2)This unit price consists of the Contractor providing and delivering the Reef Modules to the County Barge Staging Area,
see Phase II scope of work. Once on site they will be weighed and charged by tonnage accordingly to their respective reef
destination, 0 to 14 miles or 14 to 35 miles.
(3)This Unit Price consists of collecting and delivering suitable material to the Barge Staging area,from various sites
ranging from 17 to 50 miles away,see Phase One scope of work. There will be no additional charge for any suitable
material collected within the 17 mile range. Once on site,all material will be weighed and charged by tonnage accordingly
to their respective reef destination, 0 to 14 miles or 14 to 35 miles.
Procurement of individual line items will be dependent upon funding availability, award of bid is based on all the total of all line items.
Qualifications: Submit with Bid Package: .YES/NO
1 Must be on file with the Department of State in accordance with provision of Chapter 607 Florida Statutes
ywww.sunbiz.org) by time of contract award YES
2 Must not be on the Federal or State debarment lists YES
3 Material and deployment must be in compliance with Coast Guard, US Army Corp of Engineers
and State of Florida standards and requirements YES
4 Must demonstrate that the bidder is competent(provide five references and include agency
name, contact person, phone number) YES
5 Bidder must have necessary resources to complete project(ABS Rated Barges, crane, etc.) YES
6 Must have completed an artificial reef project within the past seven (7)years—provide list of
previous projects of similar scope and size. Must have deployed over 5 reefs with one at least
10 miles from shore. YES
7 Must self perform at least 51% of the work YES
8 Provide list of equipment and resources needed to complete this project and notate whether
"owned”or"leased", age and location YES
9 Provide brief bios of personnel that may be assigned to this project. YES
Page 1
EXHIBIT A 1
PM: Angel Rodriguez ITB 13-6131 16 C 2
PS: Brenda Brilhart Artificial Reef Program
Artificial Reef Program
ITB 13-6131
Description QTY Unit iit Unit Price Total To
Phase One•Artificial Reef Material Deployment(1) F '
1 Artificial Reef Material Deployed between 0 to 14 Miles 1 -,, In', 62 81 $ 62.81
2 Artificial Reef Material Deployed between 14 to 35 Miles 1, 1 2° `1'on 72.51 $ 72.51
Phase Two-Artificial Reef Fabricated Structures(2) '. T�..,
3 8ft Modules 75 Ea. 2551 1 $ 191,332.50
4 12ft Modules x,, "' 75 Ea. 4879.1 $ 365,932.50
_Additional Fabricated Structures(2) a
5 Installation and Creation ot�t es\ F 1 Ea. 242.5 $ 242.50
6 8ft Modules —„ : . 250 Ea. 1961.34 $ 490,335.00
7 8ft Modules ,„o °k 500 Ea. 1955.52 $ 977.760.00
8 8ft Mod s �' �4, r ' 750 Ea. 1895.38 $ 1,421,535.00
9 12ft Mo � V 440044,4v9 ' ,_ 250 Ea. 3337 77 $ 834,442.50
10 12ft Modles fr\. , .` 500 Ea 3327.1 $ 1,663,550.00
11 12ft Modules ' 750 Ea. 3222 34 $ 2,416,755.00
Collection of C&D Material Beyond th17 mile Range(3)
_ 12 Zone A- 17 to 30 miles away from the Barge Staging Area 1 Ton 3.54 $ 3.54
13 Zone B-30 to 40 miles away from the Barge Staging Area 1 Ton 9.15 $ 9.15
14 Zone C-40 to 50 miles away from the Barge Staging Area 1 Ton 11 49 $ 11.49
Disclaimer $ 8.362,044.50
(1) Unit Price to include all work described in the Phase I Artificial Reef Deployment scope of work.
(2)This unit price consists of the Contractor providing and delivering the Reef Modules to the County Barge Staging Area,
see Phase II scope of work. Once on site they will be weighed and charged by tonnage accordingly to their respective reef
destination,0 to 14 miles or 14 to 35 miles.
(3)This Unit Price consists of collecting and delivering suitable material to the Barge Staging area,from various sites
ranging from 17 to 50 miles away,see Phase One scope of work. There will be no additional charge for any suitable
material collected within the 17 mile range. Once on site,all material will be weighed and charged by tonnage accordingly
to their respective reef destination, 0 to 14 miles or 14 to 35 miles.
Procurement of individual line items will be dependent upon funding availability, award of bid is based on all the total of all line items.
Qualifications: Submit with Bid Package: YES/NO
1 Must be on tile with the Department of State in accordance with_,provision of Chapter 607, Honda Statutes
Lwww.sunbiz.orq).by time of contract award YES
2 Must not be on the Federal or State debarment lists YES
3 Material and deployment must be in compliance with Coast Guard, US Army Corp of Engineers
and State of Florida standards and requirements YES
4 Must demonstrate that the bidder is competent (provide five references and include agency
name, contact person, phone number) YES
5 Bidder must have necessary resources to complete project (ABS Rated Barges, crane, etc.) YES
6 Must have completed an artificial reef project within the past seven (7) years—provide list of
previous projects of similar scope and size, Must have deployed over 5 reefs with one at least
10 miles from shore. YES
7 Must self perform at least 51% of the work YES
8 Provide list of equipment and resources needed to complete this project and notate whether
"owned” or"leased", age and location YES
9 Provide brief bios of personnel that may be assigned to this project. YES
Page 1 CAO
16C2
Exhibit B — Performance and Payment Bonds
PUBLIC PAYMENT BOND
Artificial Reef Program
Bond No.
Contract No. 13-6131
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
, as Surety, located at
(Business Address) are held and firmly
bound to as Obligee 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 Obligee for in accordance
with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is
referred to herein 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 255.05(2). 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 each party being affixed and these presents duly signed by its
under-signed representative, pursuant to authority of its governing body.
16C2
Signed, sealed and delivered
in the presence of:
PRINCIPAL
BY:
Witnesses as to Principal NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me 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)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST: SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
Witnesses to Surety (Printed Name)
S
1602
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses (Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
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:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
Cn)
16C2
PUBLIC PERFORMANCE BOND
Artificial Reef Program
Bond No.
Contract No. 13-6131
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
as Surety, located at
(Business
Address) are held and firmly bound to , as
Obligee 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 Obligee for
in accordance
with drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to herein 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 Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because
of any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Obligee; 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, alterations or additions to the terms of the Contract
or to work or to the specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly understood that
the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this
Performance Bond regardless of the number of suits that may be filed by Obligee.
16C2
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of: PRINCIPAL
BY:
Witnesses as to Principal
NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me 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)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
ATTEST: SURETY:
16 C 2
(Printed Name)
(Business Address)
(Authorized Signature)
Witnesses as to Surety (Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses (Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by
, as of , a
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:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
CA
Page -16-
1602
BestLinda G>(
From: Best Linda
Sent: Wednesday, June 11, 2014 2:52 PM
To: BestLinda; 'sue @mcculleymarine.com'
Subject: RE: Insurance Requirements %LI r •
Tracking: Recipient Delivery
BestLinda Delivered:6/11/2014 2:52 PM ,
'sue @mcculleymarine.com' /`
Good afternoon, Sue;
I researched the insurance coverages provided against the requested coverages, the only coverage that is not identified on the
Integro COI is automobile. I looked at the coverage in the original agreement,
Auto was on a separate policy from State Farm at that time (2006). My thought is that perhaps auto remains on a separate
policy for McCulley.
I was able to work through the other line items on the Integro COI, and while they are not exactly worded as set forth in the
contract, however,the coverages do correlate with the requirements. The Excess Liability
picks up the variances between the requested coverages and the coverages McCulley has in place.
I apologize for any confusion, the insurance certificate is not in a format that the County typically receives, and the coverages for
marine work are not as easily recognized due to the descriptions of the coverages.
I will sign off on the insurance certificate as received,the only last piece missing is the auto insurance.
Regards,
Z/Wa
Linda Best, MBA
Manager, Risk Finance
Collier County Risk Management Department
3311 Tamiami Trail East
Naples, FL 34112
Direct: 239-252-8839
Mobile: 239-784-4650
From: BestLinda
Sent: Tuesday, June 10, 2014 4:08 PM
Certificate of insurance
16 C 2
Issued By
INTEGRO INSURANCE BROKERS
ONE STATE STREET PLAZA,9TH FLOOR
NEW YORK,NY 10004
Issued to.' Collier County Board of County Commissioners
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112-4901
This is to Certify that insurance has been issued as follows:
Assured: Pine Island Towing Company,Inc.and McCulley Marine Service,Inc.
Collier County Board of County Commissioners is listed as an Additional Assured as their rights
and interest may appear as per written contract on or about June 11,2014 or H/C.
Coverage: 1)Hull&Machinery including Collision&Towers Liability and P&I Package Policy
2)Comprehensive Marine General Liability including Stevedores and Salvors Legal Liability
3)Property/Contractors/Rental Package Policy
4)Pollution Liability
5)Excess Liability
6)Workers Compensation Including Employers Liability&USL&H
Limits: 1)To Scheduled Hull Values as per the attached plus$1,000,000 C.S.L P&I Limit of$1,000,000
2)$1,000,000 any one accident
3)$500,000 scheduled property any one occurrence or as may be declared
4)$5,000,000 any one accident
5)To$4,000,000 aoa excess of Underlying Liability Policies
6)Statutory/$1,000,000
Security: 1)Allianz/The Insurance Company of North America
2)Allianz
3)Allianz
4)Lloyds through(EPG)
5)XL Insurance Company
6)Maryland Casualty Company(Zurich)
Policy Numbers: 1)OHL92006476/HUN05711137
2)OML9208191
3)MX193008862
4)EPG-06266-06
5)24760MA13A
6)WC9595816
Term: 1)11/18/13—11/18/2014
2)5/20/14—5/20/15
3)4/24/14—4/24/15
4)3/14/14—3/14/15
5)7/2/13—7/2/14
6)10/6/13—10/6/14
This Certificate of Insurance is listed as a matter of information only and confers no rights upon the Certificate Holder.
This Certificate neither affirmatively nor negatively amends,extends or alters the coverage afforded by those policy(ies)
indicated above.This Certificate of Insurance does not constitute a contract between the insurers,representatives,the producer
and/or the Certificate Holder notwithstanding anything indicated above,additional assureds can not be named on any Workers
Compensation policy.Granting of an additional named insured status hereon does not provide first party coverage to the
additional named insured.If the Certificate Holder is an Additional Assured and/or if subrogation is waived,the policy or
policies must be endorsed and a statement on this Certificate does not confer rights to the Certificate Holder in lieu of such
endorsement.This Certificate shall replace and supersede any previous Certificate issued. Should any of the above described
policies be canceled before the expiration date thereof,the issuing company will endeavor to mail 30 days prior written notice to
the above named certificate holder,but failure to mail such notice shall impose no obligation or liability of any kind upon that
company or this agency.
Dated,this 11"' day of June 2014
Inte• = t : ce Brokers
as-:•% .Cacici,
Pr'• pal
,-_, 16C2
'`��!R° CERTIFICATE OF LIABILITY INSURANCE DATE
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 TILE POLICES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER
IMPORTANT: If the certificate hokkr is an ADDmONAL INSURED,the policy(ies)must be endorsed.It SUBROGATION IS WAIVED,subject to
the temps and conditions of the policy,cent in policies may require an endorsement.A statement on this certificate doss not confer rights to the
cartificatB holder in lieu of such endorsenmN(s).
POIDOUCEI T''CTSHARON SKINNER
LARRY LEE JR-STATE FARM OM 772.481-6622 T F 772.461-0443
Sfalefarm 4075 VIRGINIA AVE :SHARON.L.SKINNER LH89@STATEFARM.COM
FORT PIERCE, FL 34981 INSURERS)AFFOROINBCOVERAGE NAICI
III A:State Farm Ritual Automobile Insurance Company 25170
INS MCCULLEY MARINE SERVICES INC INSURER B: —
2309 HOLD DIXIE HAY --*----
INSURER C
FORT PIERCE FL 34946-1410 INSURER 0:
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 TIE TERMS,
EXCL—USIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
M TYPE OIIYISURANCa y ND POLICY NIMIBER t�r[MYYYYI GI Y ' UNITS I COnERCAL GENERAL LIABILITY
_.t.i EACH OCCURRENCE $
CAMS MADE (OCCUR PREMISESE TO RE occurrence) $
MED EXP(AnM a .Parson) i
PERSONAL A ADV INJURY S GEM.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY C-1 281: L__J LAC PRODUCTS-COMPOP AGG $
OTHER $
A AUTOMOBR.ELIABIUtY 414891I8.031-59D 0413012014 10130/2014 SINGLE LIMIT $ 2.000.000
ANY AUTO BODILY INJURY(Per Person) $
ALL
AUTOS OINNED ---;71 ASS ED BODILY INJURY(Pat accident) S
X HIRED AUTOS X NO"'"ED PROPERTY DAiNAGE _
fPer UMeNELIA GAB OCCUR EACH OCCURRENCE $
EXCESS UNA CLAIMS-MADE AGGREGATE $_..
DEC 1 RETENTION$ i i
VIDEI(ERS COMPENSATION JJ
ANTE i I ERA AE EMPLOYERS'GAMUT( T I M
:ANY PROPRIETORPARTNEREXECUTIYE I 'i
EL EACH EACH ACCIDENT $)EXCLUDED?
(M/Id,RaE In NH)
El DISEASE-.EA EMPLOYEE $
0$CRPOs N uOn F yaOPERATIONS META,/ N/A
`^y
E.L.DISEASE-POLICY LIMIT $
1
» '110N OP OPSRATIons f LOGCA1IONS i VenCLEO(AOORD 1st,Adnese i Nu Its echedul,may se madtld It more sPma.Is required)
CERTIFICATE HOLDER CANCELLATION
COLLIER COUNTY BOCC
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
COLLIER COUNTY RISK MANAGEMENT DEPARTMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED M
3311 TAMIAMI TRAIL EAST - :DANCE WITH THE POLICY PROVISIONS.
NAPLES,FL 34112 ,
ENTATME I
I �� I
.198 14 «•„,lr • m
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 1001488 132849.9 02-04-2014
G_SAS 44(co?
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C z
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office EP 9/22/17
4. BCC Office Board of County ' "V h‘..\
Commissioners \/14 / ck1 `—`
5. Minutes and Records Clerk of Court's Office7vuu
�(z7 3'511
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Emily Pepin,Asst.County Attorney Phone Number 252-8400
Contact/Department
Agenda Date Item was 6/10/14 Agenda Item Number 16-C-2
Approved by the BCC
Type of Document Agreement with FP&L—artificial reef Number of Original One
Attached program Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature EP
2. Does the document need to be sent to another agency for additional signatures? If yes, EP
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be EP
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's EP
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the EP
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's EP
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip EP
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 6/10/14 and all changes made during the EP N/A is not
meeting have been incorporated in the attached document. The County Attorney's an option for
Office has reviewed the changes,if applicable. _ this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
[04-COA-01081/1344830/111:Forms/County,E tms/BCC Forms/Original Documents Routing Slip WWS SVginal 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12
1 C
AGREENIENT
Between
COLLIER COUNTY
and
FLORIDA POWER& LIGHT COMPANY
This Agreement is made and entered into between Florida Power & Light Company
("FPL"), whose address is 700 Universe Boulevard, Juno Beach, FL 33408 and Collier County
("Collier"), a whose address is 3730 Whitelake Boulevard,Naples,FL 34117,
WHEREAS, IPL is replacing existing concrete materials within its Distribution and
Transmission system;
WHEREAS,Collier desires to use the concrete materials for its artificial reef program;
WHEREAS, FPL and Collier agree that FPL is willing to give the scrap concrete materials
to Collier and Collier is willing to accept the material
THEREFORE,FPL and Collier agree as follows:
I. FPL shall coordinate the delivery of scrap concrete materials to Collier for its artificial
reef program. The materials will consist of poles and transformer, vault and switch pads, along
with other miscellaneous concrete materials used by FPL. The majority of the poles are between
35' and 60' in length, with the possible exception of some being 75', The poles may be cut in
half to facilitate transport. FPL shall deliver as much tonnage as possible during Collier's
material gathering stage or until Collier requests otherwise. The materials will be delivered to a
location of which Collier has made prior arr: lements.
2. FPL shall provide these materials 'as is." Any remaining hardware or components will
be removed by Collier.
3. Collier agrees to accept ownership of all the poles upon delivery to the Site. Once Collier
has accepted all the poles and other items,Collier agrees that Collier owns the poles. Collier shall
either use the poles for its artificial reef program or properly dispose of the poles,according to the
applicable federal, state and local regulations at Collier's expense.
4. Collier shall secure all federal, state, and local permits required in connection with the use
of the concrete materials and shall at all times comply with the applicable federal, state, and local
laws. To the extent permitted by law, Collier al4 ".• to indemnify FPL from any liability, cost,
fines, penalties, expenses, including attorney's fees, which may be sustained by FPL resulting
from the violation of any federal, state or local law by Collier following acceptance of the poles
by Collier.
5. FPL agrees to defend, reimburse, indemnify and hold Collier, its agents, employees,
elected officers and representatives, free and harmless at all times from and against any and all
claims, liability, expenses, losses, costs, fines and damages for any action in connection with
FPL's performance of the delivery of the scrap concrete materials under this Agreement.
6. Either party may terminate this Agreement upon fifteen(15)days prior written notice by
the other party.
7. All notices required in this Agreement shall be sent by certified mail, return receipt
C.)
1 6 c 2
requested,to the address set forth above, unless otherwise specified by a party:
Peter Cocotos,Esq.
Florida Power& Light Company
215 South Monroe Street
Tallahassee, FL 32312
(850) 521.3920
Daniel R. Rodriguez,MBA,CFM
Director, Solid and Hazardous Waste Management Department
3339 Tamiami Trail East, Suite 302
Nudes, FL 34112
8. This Agreement embodies the whole understanding of the parties. There are no promises,
terms, conditions,or obligations other than those contained herein, and this Agreement shall
supersede all previous communications, representations or agreements,either verbal or written,
between the parties hereto.
O. BOARD OF COUNTY COMMISSIONERS
ATTEST: :,, ' . ...'-'7, COLT TE' 40s ...' ,FLORIDA
IDt E.Brock,Clerk of . .-
wArrt
:,% • z : ,,,,,
1 • ' —- 4121.101 //
By: A. ..A.b........'w ALAttipo 407— By:
Penny Taylor, Cilman Air
Dated: , „if/,IVIlikg7APAIP 0 7
Attest as to Chaman,s
signature AcA. I-)
FLORIDA POWER& LIGHT COMPANY
--2
„„, 0/4,7
7-----
First Viiitness ./..,._
By: Ron Reagan,VP Iritegrat..A"..upply Chain
Type/Print '' -ss Name Date: August 30.2013
Second Witness
Type/Print Witness Name
A. °v.. .I /to :, , l galitY:
-4
. 1 •
- • ---,...... ni
..if ,rdgeA R.Teach
Deputy County Attorney
0