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#18-7241 (Bonness, Inc.)
FIXED TERM SERVICE AGREEMENT 18-7241 for Concrete: Sidewalks, Curbs, Gutters and Other Related Items THIS AGREEMENT, made and entered into on this oG day of Pla-Uc J 201z6 , by and between Bonness, Inc. , authorized to do bu iness in the State of Florida, whose business address is 1900 Seward Avenue, Naples, Florida 34109 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing n upon the date of Board approval n on and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑i Purchase Order ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Request for Proposal (RFP) • Invitation to Bid (ITB) �I Other ( ) # 18-7241 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement 142017-002(Ver.l) 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. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑ Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. ❑ Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. n Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including 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 received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Term Service Agreement#2017-002(Ver.l) 4.4 ❑ (check if applicable) Travel and Reimbursable Expenses: Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, 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. 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: Bonness, Inc. Address: 1900 Seward Avenue Naples, Florida 34109 Authorized Agent: Attention Name & Title: F. David Teets, Jr., CFO/Treasurer Telephone: (239) 597-6221 E-Mail(s): srayfield@bonnessinc.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Page 3 of 17 Fixed Term Service Agreement#2017-002(Ver.1) Board of County Commissioners for Collier County, Florida Division Director: Travis Gossard Division Name: Growth Management Department/Road Maintenance Division Address: 4800 Davis Boulevard Naples, Florida 34104 Administrative Agent/PM: Melissa Pearson, Contract Administration Specialist Telephone: (239) 252-5591 E-Mail(s): Melissa.Pearson@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, 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. Page 4 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 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 sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 0 Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. • Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 1,000,000 for each accident. D. ❑ Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ each claim and aggregate. E. n Cyber Liability: Coverage shall have minimum limits of$ per claim. F. : 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 Holder and included as an "Additional Insured" on the Insurance Page 5 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 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 Road Maintenance Division Page 6 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), n Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ RFP/ ISI ITB/r1 Other # 18-7241 including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and ❑ Other Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as 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: Page 7of17 Fixed Term Service Agreement#2017-002(Ver.1) Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 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. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Contractor may nullify the whole or any part of any approval for payment previously issued and the Contractor may withhold Page 8 of 17 Fixed Term Service Agreement#2017-002(Ver.1) any payments otherwise due Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. • CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. TO 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 Page 9 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 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. 26. 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. 27. 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. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. Page 10 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. C KEY PERSONNEL. The Contractor's personnel and management to be utilized for this project 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 the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the 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 experience. (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 within seven (7) days of the change. The County retains final approval of proposed replacement personnel. (Ui 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. Page 11 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 35. n ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. fl 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. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 38. IMI 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 Page 12 of 17 Fixed Term Service Agreement#2017-002(Ver 1) the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Tenn Service Agreement#2017-002(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. ATTEST: BOARD OF C' NT COMMIS ERS COLLIER !UNT FLORID , Dwi•ht E. Brook,Clefof Courts _ !AHAB41111101.1' By: ' -,;111rira By, .4 •Dated: I/ I • d y Solis , Chairman (SEAL) o Chairman's Contractor's Sigifit*titY. Bonness, Inc. Contractor 524_,‘..rtire • 0 20,_ Contract+ 's ' irst Signature F. David Teets, Ir. CFO/Treasurer Susan Rayfield l'Typeiprint signature and title TType/print witness nam .„Contractor's Second Witness Brad Thornton isType/print witness namet •.opriv as to rn nd Legality: ir 1111W .44 beitou /County Attorney Print Name 'agt: 1 4 of 17 Fixed Term Sc,vice Agraircut#2017-002(Ver. Exhibit A Scope of Services 0 following this page (pages 1 through 12 ) (i this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement#2017-002(Ver.1) EXIRBIT A-SCOPE OF SERVICES TO AGREEMENT#18-7241 1. General Scope of Work Contractor to perform concrete services on an"as needed"basis for work consisting of repair or replacement work County wide, but not limited to: drainage structures, catch basins, culverts, sidewalks, Americans with Disabilities Act(ADA) sidewalks, curb and gutter, ramps, driveways, pads (including bus shelters), and all other related work. The Road Maintenance Division has a quarterly sidewalk inspection program where sidewalk deficiencies must be corrected within thirty(30)calendar days. The Awarded Contractor shall be required to mobilize quickly and complete the work within specified timeframe. This requires the Contractor to have adequate employees and equipment to perform services for the Division and other County Departments. There may be other services requested on a project by project basis with varying time-frames. 2. Intent The purpose of this Agreement is to establish a contract for various types of concrete work required by all County Departments. The Contractor's main responsibility will be to guarantee that the Road Maintenance Division("Division")work orders for sidewalk deficiencies will be completed within thirty (30)calendar days from the Notice to Begin Work's(NTBW)commencement date of services. The Contractor shall be responsible for all work assigned under this Contract from the Road Maintenance Division and other County Departments. For Road Maintenance specific projects, the Contractor must respond to accept the work within two (2) business days. If the Contractor declines work on multiple occasions, it's contract may be subject to termination by the Board. During any notice of default, suspension, or notice to termination period, the Division has full authority to utilize another Contractor obtained through a competitive informal/formal quoting process. An individual project or internal work order shall not exceed$200,000.00. 1.1 Materials Must meet the requirements specified in FDOT, section 520-2, current edition. Certify all materials used in concrete are from FDOT approved sources, and free from detrimental matter. Base Rock-Lime rock, shell rock,and local rock shall conform to FDOT Specifications, Section 911. Flowable Fill Section 121 Water Section 923 Portland Cement Concrete ..Section 346 Chemical Admixtures Section 924 Grinding Concrete Pavement Section 352 Curing Materials Section 925 Coarse Aggregate Section 901 Pozzolans and Slag Section 929 Fine Aggregate Section 902 Embedded Items Section 931 Portland Cement Section 921 Joint Seal Section 932 1.2 Sidewalks Road Maintenance Division requires Portland Cement Concrete Class 1 (Non-Structural)that is composed of Portland cement,aggregates,and water,with or without chemical admixtures,slag,or pozzolanic materials. o Contractor shall follow FDOT, Road and Bridge Standards and Specifications, Section 522 for Concrete Sidewalk,if applicable. o All Road Maintenance Division sidewalk slabs shall have six(6)inches in depth when abutting public roadways. o No fiber shall be used in sidewalks. 1.2.1 Forms Contractor shall provide forms as specified in FDOT,section 520-3. 1113 18-7241 CONCRETE 1 1.2.2 Excavation Excavate to the required depth and compact the foundation material upon which these items are to be placed as specified in FDOT,section 120-9. o Contractor is responsible for removing all roots,vegetation, unauthorized piping and other structures and items located in the footprint of where the work is to take place at no additional cost to the County;all cost should be included with the unit price of pay item being used. o Upon discovery of active piping in the footprint,the Contractor will be responsible for capping off piping that may cause washouts or other damage to the location at no additional cost to the County. 1.2.3 Foundation Compact fill areas, including cut areas under the sidewalk,that have been excavated more than six(6)inches below the bottom of sidewalk to a minimum of 95%of AASHTO T 99 density. The area to be compacted is defined as that area directly under the sidewalk and one foot(1')beyond each side of the sidewalk when right-of-way allows. Contractor is responsible for any limerock base/fill material that may be required under sidewalk to be removed and/or added,to keep consistent or level with the existing sidewalk elevation(s),at no additional cost to the County. All costs should be included in the unit price of applicable pay item. 1.2.4 Joints Contractor shall use the FDOT Standard Specifications for Road and Bridge Construction,the most current edition including all updates for the section that applies to the work being performed. o Contraction Joints—The Contractor may use open type or sawed contraction joints. o Expansion Joints - Form 1/2 inch expansion joints between the sidewalk and the curb or driveway or at fixed objects and sidewalk intersections with a preformed joint filler meeting the requirements specified in section 932- 1.1. o Open-Type Joints-Form open type contraction joints by staking a metal bulkhead in place and depositing the concrete on both sides.After the concrete has set sufficiently to preserve the width and shape of the joint,remove the bulkhead.After finishing the sidewalk over the joint,edge the slot with a tool having''/2 inch radius. o Sawed Joints-If choosing to saw the contraction joints,cut a slot approximately 3/16 inch wide and not less than 1 1/2 inches deep with a concrete saw after the concrete has set,and within the following periods of time: o 3/16 inch Saw cut joints, 11/2 inch deep at not more than 30 feet intervals within(12 hours)after finishing. o 3/16 inch Saw cut joints, 11/2 inch deep within(96 hours)after finishing,maximum 5 foot centers. 1.2.5 Placing Concrete Place the concrete as specified in FDOT,section 520-5 approved by Project Manager. 1.2.6 Finishing Screeding: Strike-off the concrete by means of a wood or metal screed,used perpendicular to the forms,to obtain the required grade and remove surplus water and laitance. 1.2.7 Surface Requirements The concrete must have a broom finish or as directed by the Division. Contractor must ensure that the surface variations are not more than 1/4 inch under a 10 foot straightedge,or more than 1/8 inch on a 5 foot transverse section. Finish the edge of the sidewalk with an edging tool having a radius of inch. Apply a tine finish by an approved hand method to curb cut ramps in lieu of a broom finish. The tine finish consists of transverse grooves which are 0.03 to 0.12 inch in width and 0.10 to 0.15 inch in depth,spaced at approximately'/2 inch center to center. 1.2.8 Curing Cure the concrete as specified in FDOT,section 520-8 or approved by Project Manager. 1.2.9 Admixture Requirements ITB 18-7241 CONCRETE 2 Chemical admixtures may be added at the dosage rates recommended by the manufacturer. 1.2.10 Material Substitutions Approved material sources may be substituted for similar materials indicated on the originally approved mix design. Only use originally approved mix components and proportions, if there are unsatisfactory test results are obtained from the use of the substituted material(s). 1.2.11 Finishing-Repair Minor Defects Remove the forms within twenty-four(24)hours after placing the concrete, and then fill minor defects with mortar composed of one part Portland cement and two parts fine aggregate.No plastering is allowed on the face of the curb. Remove and replace any rejected curb,curb and gutter,or valley gutter without additional compensation. 1.3 Production,Mixing,and Delivery 1.3.1 Concrete Production Requirements Deliver concrete from a production facility that is certified by the National Ready-Mixed Concrete Association (NRMCA)or approved by FDOT's District Materials Office and on the approved plant list. a. Produce concrete utilizing equipment that is in good operating condition and operated in a manner to ensure a consistent product. b. Within two hours prior to each day's batching, ensure that the concrete production facility determines the free moisture for the coarse and fine aggregates. c. On concrete placements expected to exceed three hours,perform an additional moisture test approximately half way through the batching operations and adjust batch Proportions accordingly. d. Ensure that the calibration of the measuring devices of the concrete production facilities meets the requirements of Chapter 531 of the Florida Statutes. e. At least quarterly,ensure that all scales,meters and other weighing or measuring devices are checked for accuracy by a qualified representative of a scale company registered with the Bureau of Weights and Measures of the Florida Department of Agriculture. Have the accuracy of admixture measuring dispensers certified annually by the admixture supplier. 1.3.2 Mixers Mixers must be capable of combining the components of concrete into a thoroughly mixed, uniform mass, free of cementitious lumps and capable of discharging the concrete uniformly. Operate concrete mixers at speeds per the manufacturer's design.Do not exceed the manufacturer's rated capacity for the volume of mixed concrete in the mixer, mixing drum,or container. 1.3.3 Delivery Do not exceed one hundred twenty(120)minutes of elapsed time between the initial addition of water to the mix and depositing the concrete at the point of final placement, subject to the ability to place and consolidate the concrete in accordance with specification requirements.Make adjustments to mix consistency at the site of placement only before any concrete from the load is placed. Do not make adjustments which will cause the allowable slump or maximum specified water cementitious ratio to be exceeded. 1.4 Quality Control 1.4.1 Concrete Mix Design Prior to producing any concrete, submit the proposed mix design to the Division. Use only concrete mix designs meeting the following requirements with prior approval from the Division. o Maximum water to cementitious materials ratio 0.55 lbs/lbs[0.55 kg/kg]Minimum 28-Day Compressive Strength 2,500 psi [17 MPa] Minimum cementitious Materials Content 470 lbs/yd3 [280 kg/m3] Slump 0 to 6 inch [0 to 150 mm]Materials may be adjusted provided that the theoretical yield requirement of the approved Mix design is met. ITB 18-7241 CONCRETE 3 ❑ Show all required original approved design mix data and batch adjustments and substituted material on the concrete delivery ticket. o The County may disqualify any concrete production facility for non-compliance with specification requirements. Comply with requirements of FDOT concrete mix design, sampling and testing, quality control, and as herein specified. o Design the mix to produce standard weight concrete consisting of Portland cement, aggregate, air-entraining admixture and water to produce the following properties. • Compressive Strength: 2,500 psi for concrete encasements and cradles. • Compressive Strength: 3,000 psi for sidewalks. • Compressive Strength: 4,000 psi for driveways,curbs,and gutters. • Air Content: three to six percent(3-6%). • Concrete placement slump shall not exceed plus or minus one inch(1")from the approved design slump. 1.4.2 Sampling and Testing Division may request written certification from a qualified testing laboratory or other acceptable source, to verify materials are compliant with the specifications,at no cost to the County. 1.4.3 Certification and Acceptance A delivery ticket must be submitted to the Division with each batch of concrete before unloading at the placement site. The concrete producer form must contain the following required information. a. Record material quantities incorporated into the mix on the delivery ticket. b. Batcher is responsible for production of the concrete, and they must certify that the batch was produced in accordance with specification requirements,and they must sign the delivery ticket. c. The Batcher's signature on the delivery ticket is certifying that the maximum specified water to cementitious materials ratio was not exceeded due to any jobsite adjustments to the batch,and that the batch was delivered and placed in accordance with specification requirements. d. Concrete acceptance by the Division will be by Certification on the delivery ticket, as described herein, by the Batcher and the Contractor. e. Division will hold the Contractor responsible for rejecting loads of concrete that do not meet specification requirements,or exceeds the allowable slump,or water to cementitious materials ratio. Contractor shall replace all concrete that does not meet the 28-day compressive strength requirement,at no cost to the County. f. At the sole discretion of the Division,they may accept concrete at a reduced pay when it is determined that the concrete may serve its intended function. 1.5 Concrete Gutter,Curb Elements Contractor shall be responsible for the removal all roots, vegetation, unauthorized piping and other structures and items located in the footprint of where the work is to take place,at no additional cost to the Division. All cost should be included with the unit price. During the course of work and upon discovery of active piping in the footprint,the contractor will be responsible for capping off piping that may cause washouts or other damage to the location,at no additional cost to the County. 1.5.1 Concrete Use Class I concrete meeting the requirements of FDOT,section 347. 1.5.2 Reinforcement For all steel reinforcement that may be required,it must meet the requirements of FDOT,section 415. 1.5.3 Joint Materials The materials must meet the requirements of FDOT,section 932. ITB 18-7241 CONCRETE 4 • 1.5.13 Surface Requirements Test the gutter section of curb and gutter with ten(10)feet straightedge laid parallel to the centerline of the roadway and while the concrete is still plastic. Perform straight edging along the edge of the gutter adjacent to the pavement or along other lines on the gutter cross-section, as directed by the Division. Immediately correct irregularities in excess of 1/4 inch. 1.5.14 Full Restoration Full restoration is defined as bringing a disturbed area back to original or improved conditions. Areas that are disturbed due to the Contractor staging area will be restored by the Contractor,at no additional cost to the Division. 1.6 Curing-General Continuously cure the concrete for a period of at least seventy-two (72) hours. Commence curing after completely finishing and as soon as the concrete has hardened sufficiently to permit application of the curing material without marring the surface.Immediately replace any curing material removed or damaged during the seventy-two(72)hour period.After removing the forms, cure the surfaces exposed by placing a berm of moist earth against them or by any of the methods described below,for the remainder of the seventy-two(72)hour curing period. 1.6.1 Wet Burlap Method Place burlap, as specified in FDOT, section 925-1, over the entire exposed surface of the concrete, with sufficient extension beyond each side to ensure complete coverage. Overlap adjacent strips a minimum of 6 inches. Hold the burlap securely in place such that it will be in continuous contact with the concrete at all times,and do not allow any earth between the burlap surfaces at laps or between the burlap and the concrete.Saturate the burlap with water before placing it,and keep it thoroughly wet throughout the curing period. 1.6.2 Membrane Curing Compound Method Apply clear membrane curing compound or white pigmented curing compound,as specified in FDOT,section 925-2 by a hand sprayer meeting the requirements of FDO,section 350-3.10,in a single coat continuous film at a uniform coverage of at least two hundred(200)square feet per gallon.Immediately recoat any cracks,checks,or other defects appearing in the coating. Thoroughly agitate the curing compound in the drum prior to application, and during application as necessary to prevent settlement of the pigment. 1.6.3 Polyethylene Sheeting Method Place polyethylene sheeting, as specified in FDOT, section 925-3, over the entire exposed surface of the concrete, with sufficient extension beyond each side to ensure complete coverage.Overlap adjacent strips a minimum of six(6) inches.Hold the sheeting securely in place and in continuous contact with the concrete at all times. 1.7 Backfilling and Compaction After the concrete has set sufficiently,not exceeding more than three(3)days after pouring,refill the spaces in front and back of the curb to the required elevation with suitable material. o Contractor is responsible for any limerock base/fill material that may be required to be removed and/or added,to keep consistent with the existing elevation(s). Place and thoroughly compact the material in layers not thicker than six inches(6"). There will be no additional cost to the County,and all costs must be included with the unit price. 1.8 Quality&Final Cleaning Up of Right-of-Way The Division will inspect completed areas for quality and acceptance upon completion of the work. Prior to the Division accepting the work and approving the invoice for payment, the Contractor shall remove from the right-of- way and adjacent property all work debris,equipment,discarded materials,rubbish and temporary structures. o Restore work area(s)public and private property that may have been damaged during the project,to an acceptable manner approved by the Division. o Waterways shall be unobstructed and the roadway left in a neat and presentable condition throughout the entire length of the work under Contract. o Do not dispose of materials of any character, rubbish or equipment, on abutting property, with or without the consent of the property owners. ITB 18-7241 CONCRETE 6 ❑ Areas determined to be unsatisfactory by the Division shall be removed and replaced at no additional cost to the County. • Repairs shall be completed prior to submission of the Contractor invoice for work completed during the cycle. • The Division will make the final determination if work was completed satisfactory. 2. Bid Schedule Unit Prices(Sections 1 &2) The bid schedule prices shall be all inclusive, at the Contractor expense, to include all costs for skilled labor, equipment, supplies,materials,transportation,supervision,tools,excavation,dumping fees,tree root removal, labor hours to return the area to full restoration,Maintenance of Traffic(MOT),FDOT Index 600,and all MOT equipment and labor that is required for the project location. Unit Price invoicing shall be based on overall totals of line items for each project or work order. Example: Sidewalk repairs for multiple locations will be totaled,and the overall total quantity,shall be used to determine the invoice unit price. 3. Guarantee All restored areas on private property within the public right-of-way shall be guaranteed for one(1)year. In the event of settlement of paved areas more than one-quarter inch('A") below the undisturbed adjacent permanent pavement, the Contractor shall make the necessary repairs to restore the pavement level within ten (10) calendar days after notification by the Division and the Contractor shall be responsible for the cost of such repairs. 4. Internal Work Orders(May not be applicable to other County Departments) The Division may generate and issue an internal work order for each project and assign a Division Inspector. If a work order is issued,it will be emailed to the Division Contract Administration Specialist to process a Notice to Begin Work(NTBW). 5. Notice To Begin Work (May not be applicable to other County Departments) The Division Contract Administration Specialist shall generate the Notice to Begin Work for each project to include a commencement and completion date. The NTBW will be emailed to the Contractor designated representative for the Contract.Contractor shall not commence work without a Notice to Begin Work and Purchase Order. 6. Contractor Work Schedule(May not be applicable to other County Departments) Upon the issuance of the Notice to Begin Work(NTBW)and prior to work commencing,the Contractor shall submit to the Division no later than 7:00 a.m.EST their work schedule. 7. Key Personnel Contractor shall provide the Division with assigned Project Manager with contact information to reach at any time. In addition,contact information must be provided for the on-site work Supervisor and/or Crew Leader to include cell phone number(s) and email addresses following contract execution. Those employees shall be able to effectively communicate with the Division staff and the crews. The work issued must be given the attention necessary to ensure work progresses in accordance with the schedule and the established time-frames. In the event the Contractor's assigned Project Manager will be unavailable, the Contractor shall immediately notify the Division and provide the names and contact information for a substitute Project Manager via email to the Division. 8. Meetings Meetings throughout the contract term may be requested by the either party. There shall be no additional charges to the Division for meeting attendance. ■ Kick-Off Meeting Immediately following award of the contract,and prior to commencement of work,the Contractor shall meet with the Division for a kick-off meeting to review the requirements and discuss the overall scope of work. • Emergency Response Meeting Contractor's Project Manager may be required to travel immediately to a work site to meet with the Division to resolve an emergency situation. ITB 18-7241 CONCRETE 7 9. Communication Communication and cooperation are required from both Contractor and the Division. 10. Delays Contractor must notify the Division immediately of any delays via phone call,and they must follow-up with an email the next business day with a written summary. o Inclement weather that may cause the project completion to be delayed and within the established time-frame as outlined in the NTBW,the Contractor is required to submit in writing via to the Division Representative at the time of inclement weather conditions which caused the delay. o Unforeseen or extenuating circumstances not caused by the Contractor shall be requested in writing and sent via email to the Division. o The request will be reviewed by the Division Representative, and if approved and authorized,a revised NTBW will be issued to extend the completion date. 11. Interference with Traffic At all times conduct work in such manner and in such sequence as to ensure the least practicable interference with traffic. Operate all vehicles and other equipment safely and without hindrance to the traveling public. Park all private vehicles outside the clear zone. Place materials stored along the roadway so as to limit obstruction to the traveling public. 12. Contractor Supervision The work shall be given constant attention necessary to ensure the scheduled progress is on-time and there is full cooperation with the Division and with other Contractors working in the vicinity. 13. Contractor Supervisor A Supervisor must be at the site at all times while work is in progress. They must be able to communicate effectively and understand the Contract documents and thoroughly experienced in concrete work. > Must have full authority to receive instructions from the Division and promptly supply any materials, tools,equipment,and labor,for any incidentals that may occur. > They must speak and understand English,and at the work site,there shall be at least one other person who speaks and understands English. 14. Maintenance of Traffic(MOT),Intermediate Level,Certified Personnel The Contractor shall supply,install,and maintain all traffic control devices for MOT,at the Contractor expense,which is inclusive in the bid prices for bid schedule Section 1,Road Maintenance Pricing tab. The Contractor shall be required to have a MOT, Intermediate Level, certified employee at the job site during the performance of all work where MOT is required. o Reviews the project on a day-to-day basis and participates in all changes to traffic control. o Submits Road Alert Notification forms to the County in a timely manner and prior lane closures. o Must have access to Contractor equipment and materials needed to maintain traffic control and handle traffic related situations. o Required to immediately correct all safety deficiencies. Any minor deficiencies that are not an immediate safety hazards must be corrected within twenty-four(24)hours. o MOT employee shall be present and remain at the job site to direct the initial setup of the traffic control plan and remain on-site for any changes that may occur. o The Division may remove the MOT employee from the project if they fail to comply with the requirements in this section. Contractor shall have replacement employee that has MOT Intermediate Level certification. ITB 18-7241 CONCRETE 8 15. Alterations of Plans or Character Of Work The Division Representative reserves the right to make,at any time prior to or during the progress of the work,such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction,whether a substantial change or not,including but not limited to alterations in the grade or alignment of the road or structure or both,as may be found necessary or desirable. D Such increases, decreases or revisions shall not constitute a breach of Contract, and shall not invalidate the Contract. ➢ The Contractor agrees to perform the work,as revised, the same as if it had been a part of the original Contract. In the instance above,the determination by the Division shall be conclusive and shall not be subject to challenge by the Contractor in any forum, except upon the Contractor establishing by clear and convincing proof that the determination by the Division was without any reasonable and good-faith basis. D Any changes by the Division for approved work shall be in writing stating the revision and time line extensions, if applicable. Road Maintenance Division shall issue a revised Notice to Begin Work(NTBW). 16. Authority and Duties Division Representative may appoint designees that will have authorization to issue, revise, and inspect completed work. o Designees are not authorized to revoke,alter,or waive any requirement of these Specifications. o They have authorization to call to the attention of the Contractor any failure of the work or materials to meet the Contract Documents, and have the authority to reject materials or suspend the work until any questions at issue can be referred to and decided by the Division. o Contract Administration Specialist will immediately notify the Contractor in writing of any such suspension of the work stating in detail the reasons for the suspension. o The presence of the Division Inspector or designee does not lessen the responsibility of the Contractor. 17. Measurement and Payment Division will measure all work completed under the Contract in accordance with the United States Standard Measures [International System of Units(SI)Measures]. Sidewalk square yards are bid at unit price for six(6) inches of thickness, for thickness other than six (6) inches a multiplier will be used to calculate the square yards. All sidewalks shall have a depth of six (6) inches unless otherwise specified in the work order. Measurement Payment Examples ➢ Four (4) inch thickness would use a 0.67 multiplier which one square yard four (4) inches thick would be equivalent to 0.67 square yards for payment purposes. D Eight (8) inch thickness would use a 1.33 multiplier so that one square yard eight (8) inches thick would be equivalent to 1.33 square yards for payment purposes. ➢ Twelve(12)inch thickness would use a 2.0 multiplier so that one square yard twelve(12)inches thick would be equivalent to 2.0 square yards for payment purposes. D All Other Bid Items shall be measured using the unit of measure on the bid schedule. 18. Withholding Payment for Defective Work If the County discovers defective work or materials prior to the final acceptance,the payment shall not be approved until the deficiency has corrected. ITB 18-7241 CONCRETE 9 19. Inspections Division will inspect completed areas per the specifications and the work requested. Areas determined to be unsatisfactory and deemed as unacceptable per the specifications,shall be corrected at no additional cost to the County. Carelessness by the Contractor that results in damage to turf, curbs, sidewalks,pavement or structures, mail boxes, appurtenances,etc. shall be repaired or replaced by the Contractor to the satisfaction of the Division at no additional cost to the Division. Repairs shall be completed prior to submission of the Contractor invoice for work accomplished. 20. Compliance with Time Requirements Commence work in accordance with the approved working schedule and provide sufficient labor, materials and equipment to complete the work within the time limits set forth in the NTBW. 21. Property Damages Contractor shall take every precaution to avoid damaging objects. If damage occurs,the following shall apply: Contractor shall notify the Division immediately following any damages to the property or objects such as,but not limited to:signs,curbs,guardrails,and posts. Any damages by Contractor crews shall be repaired or replaced at the sole expense of the contractor within ten(10) calendar days from damage. The repairs/replacements shall be in accordance to FDOT or applicable specification and standards that are in effect at that time. It shall be at the discretion of the Division to withhold estimated damage repair/replacement costs from an invoice until said repairs are completed and accepted. Contractor crews shall inform the Division of existing damages. Any damages found, that were not caused by the contractor crew,shall have written documentation and may include photographs and/or video footage. The Division must be informed immediately and followed by an email to the Division Representative or designee. The contractor must notify the Division within one(1)hour when the contractor equipment has been involved in an accident at the project work site. 22. Performance Standards The Contractor shall perform to the standards set forth in the solicitation, as subsequent Contract Documents. The Contractor agrees to warrant all work performed and perform all services in a professional manner. If Contractor fails to perform in accordance to the Scope of Work/Specifications,including subsequent Contract Documents,the Division has the sole discretion to deem such failure as sufficient cause for default which may result in Contract termination. 23. Inspection and Acceptance Division Inspector shall inspect any and all services rendered under the Contract. The completed work shall be inspected for the quality and completeness of the work area site that are within the required time lines. Invoices shall be rejected for work that is incomplete; partial work completed within a work site area shall be considered incomplete. 24. Traffic Control(When required as specified per project) Contractor shall comply with the requirements of Collier County's Maintenance of Traffic(MOT)Policy. Copies are available through the Risk Management or the Procurement Services Division. The Contractor shall be required to obtain the County MOT policy to review the requirements prior to submitting a bid. • MOT costs shall be all inclusive, at the Contractor expense, and incorporated into the line item prices as outlined on the bid form. • A MOT Plan with proper placement of lane closed signs,pre-warning signs,arrow boards,traffic cones,and etc.shall be approved prior to the lane being restricted from traffic. • An employee with MOT Intermediate Level certification must be at the work site at all times when MOT is required. ITB 18-7241 CONCRETE 10 • The Contractor will be responsible for obtaining copies of all required manuals,MUTCD,FDOT Roadway & Traffic Design Standards Indexes, or other related documents, and familiarize themselves with their requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. • Contractor shall be compliant with Florida DOT Design Standards,Index 600. 25. Lane Closures Proper placement of lane closed signs, pre-warning signs, arrow boards,traffic cones etc., No lane closures will be permitted between the hours of 7:00 AM through 9:00 AM and 3:30 PM through 6:30 PM on weekdays. The Contractor is required to contact the Growth Management Department, Customer Service Specialist on Wednesday prior to lane closures so it can be announced in Collier County's public Road Alert Notification. A Road Alert form must be submitted. 26. Safety Requirements Division may inspect the Contractor equipment prior to contract commencement and may inspect throughout the Contract term to ensure safety devices are intact and it is in good working conditions. ❑ If the Division Safety Coordinator finds any equipment to be inadequate of safety devices or it is not in proper working condition and may cause safety issues,then the Contractor shall immediately remove the equipment from service until the deficiency has been corrected to the satisfaction of the Division Safety Coordinator. ❑ Contractor shall have replacement equipment so the Contract performance is not delayed. Delayed performance from equipment being out-of-service shall result in deductions for non-performance if time lines are surpassed. ❑ Contractor employees and/or sub-contractors employees' safety equipment shall be required to be in accordance with current Florida DOT design standards,index 600 when working within County Right-of-Ways. 27. Utilities Contractor shall be responsible in exercising caution while in the vicinity of utilities. Prior to digging,the contractor is responsible to call Sunshine811 at 811 or 800-432-4770,Monday—Friday from 7:00 a.m.—5:00 p.m. (Sunshine 811 requires advance notice of two (2) full business days). Any damage to utilities will be the Contractor's sole responsibility. 28. Non-Performance Deductions Contractor agrees that time is of the essence for services being requested in this document. The County may suffer financial loss if the work is not completed within the established time-frame. Division reserves the right to deduct ten percent(10%) from any invoice for work that is not completed or services not performed,in accordance with the specifications,including required timeframe.The Division may also deduct or chargeback the Contractor the costs necessary to correct the deficiencies directly related to the Contractor's non- performance. NOTE: At the discretion of the Division,the final completion date may be extended to due unforeseen circumstances or acts of force majeure that are beyond the Contractor's control. Contractor must notify the Division within twenty- four(24)hours in writing via email notification stating the cause of the delay. 29. Price Adjustments The Procurement Director may authorize annual (every 365 calendar days) price adjustments based on percentage change from U.S. Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI) (https://www.bls.gov/PPI/)for the bid materials PPI commodity groups and item codes. a. Requests shall be in writing addressed to the Procurement Director and received thirty (30) days prior to the annual adjustment date (month and day of contract execution date of the current year). If a Contractor fails to request a PPI price adjustment thirty(30)days prior to the adjustment date,the adjustment will be effective thirty (30)days after the Procurement Services Division receives their written request. b. Contractors requesting price adjustments shall be responsible in providing the information using the PPI ITB 18-7241 CONCRETE 11 Commodity Data located on BLS website. All price adjustments calculations must be shown for verification and approval. c. No retroactive contract price adjustments will be allowed. 12 ITB 18-7241 CONCRETE Exhibit B Fee Schedule following this page (pages 1 through 6 ) Page 16 of 17 Fixed Term Service Agreement#2017-002(Ver.1) EXHIBIT B FEE SCHEDULE SECTION 1 LINE ITEM DESCRIPTION UNIT OF MEASURE QUANTITY UNIT PRICE PER 1 EACH AMERICANS WITH DISABILITIES ACT(ADA) 1 ADA Sidewalk Ramps,New Installation Square Yard 1-50 $ 96.34 2 ADA Sidewalk Ramps,New Installation Square Yard 51-100 $ 90.58 3 ADA Sidewalk Ramps,New Installation Square Yard 101+ $ 90.17 4 ADA Sidewalk Ramps,Removal&Disposal of Existing Square Yard 1-50 $ 72.07 5 ADA Sidewalk Ramps,Removal&Disposal of Existing Square Yard 51-100 $ 54.57 6 ADA Sidewalk Ramps,Removal&Disposal of Existing Square Yard 101+ $ 49.94 7 ADA Sidewalk Ramps,Install/Replacement Square Yard 1-50 $ 94.22 8 ADA Sidewalk Ramps,Install/Replacement Square Yard 51-100 $ 85.50 9 ADA Sidewalk Ramps,Install/Replacement Square Yard 101+ $ 75.07 10 ADA Detectable Warning Mat,Install/Replacement Square Foot 1-50 $ 39.75 11 ADA Detectable Warning Mat,Install/Replacement Square Foot 51-100 $ 21.53 12 ADA Detectable Warning Mat,Install/Replacement Square Foot 101+ $ 20.56 CONCRETE SIDEWALK 13 Concrete Sidewalk,New Installation Square Yard 1-100 $ 84.71 14 Concrete Sidewalk,New Installation Square Yard 101-250 $ 74.71 15 Concrete Sidewalk,New Installation Square Yard 251-500+ $ 62.49 1 16 Concrete Sidewalk,Removal&Disposal of Existing Square Yard 1-100 $ 44.56 17 Concrete Sidewalk,Removal&Disposal of Existing Square Yard 101-250 $ 33.18 18 Concrete Sidewalk,Removal&Disposal of Existing Square Yard 251-500+ $ 25.02 19 Concrete Sidewalk,6"Thickness,Install/Replacement Square Yard 1-100 $ 62.89 20 Concrete Sidewalk,6"Thickness,Install/Replacement Square Yard 101-250 $ 40.87 21 Concrete Sidewalk,6"Thickness,Install/Replacement Square Yard 251-500+ $ 37.66 22 Concrete Grinding,County Wide Square Foot 1-50 $ 3.71 23 Concrete Grinding,County Wide Square Foot 51-100 $ 1.89 24 Concrete Grinding,County Wide Square Foot 101+ $ 1.43 CURB 8,GUTTER 25 Concrete Curb,Removal&Disposal,Type A Linear Feet 1-50 $ 144.25 26 Concrete Curb,Removal&Disposal,Type A Linear Feet 51-150 $ 14.97 27 Concrete Curb,Removal&Disposal,Type A Linear Feet 151+ $ 10.80 Page 1 of 6 EXHIBIT B FEE SCHEDULE LINE ITEM DESCRIPTION UNIT OF MEASURE QUANTITY UNIT PRICE PER 1 EACH 28 Concrete Curb,Install,Type A Linear Feet 1-S0 $ 53.81 29 Concrete Curb,Install,Type A Linear Feet 51-150 $ 12.40 30 Concrete Curb,Install,Type A Linear Feet 151+ $ 11.21 31 Concrete Curb,Removal&Disposal,Type B Linear Feet 1-50 $ 16.65 32 Concrete Curb,Removal&Disposal,Type B Linear Feet 51-150 $ 15.91 33 Concrete Curb,Removal&Disposal,Type B Linear Feet 151+ $ 9.66 34 Concrete Curb,Install,Type B Linear Feet 1-50 $ 34.10 35 Concrete Curb,Install,Type B Linear Feet 51-150 $ 14.57 36 Concrete Curb,Install,Type B Linear Feet 151+ $ 12.42 37 Concrete Curb,Removal&Disposal,Type D Linear Feet 1-50 $ 24.13 38 Concrete Curb,Removal&Disposal,Type D Linear Feet 51-150 $ 14.97 39 Concrete Curb,Removal&Disposal,Type D Linear Feet 151+ $ 10.80 I 40 Concrete Curb,Install,Type D Linear Feet 1-50 $ 18.16 41 Concrete Curb,Install,Type D Linear Feet 51-150 $ 16.05 42 Concrete Curb,Install,Type D Linear Feet 151+ $ 15.31 43 Concrete Curb&Gutter,Removal&Disposal,Type E Linear Feet 1-50 $ 25.11 44 Concrete Curb&Gutter, Removal&Disposal,Type E Linear Feet 51-150 $ 12.52 45 Concrete Curb&Gutter, Removal&Disposal,Type E Linear Feet 151+ $ 8.57 46 Concrete Curb&Gutter,Install,Type E Linear Feet 1-50 $ 32.22 I i 47 Concrete Curb&Gutter,Install,Type E Linear Feet 51-150 $ 19.20 48 Concrete Curb&Gutter,Install,Type E Linear Feet 151+ $ 18.72 49 Concrete Curb&Gutter,Removal&Disposal,Type F Linear Feet I-50 $ 15.65 50 Concrete Curb&Gutter,Removal&Disposal,Type F Linear Feet 51-150 $ 14.96 51 Concrete Curb&Gutter,Removal&Disposal.Type F Linear Feet 151+ $ 10.75 52 Concrete Curb&Gutter,Install,Type F Linear Feet 1-50 $ 56.73 53 Concrete Curb&Gutter,Install,Type F Linear Feet 51-150 $ 52.39 54 Concrete Curb&Gutter,Install,Type F Linear Feet 151+ $ 42.33 55 Concrete Curb,Removal&Disposal,Drop Curb Linear Feet I-50 $ 13.77 Page 2 of 6 EXHIBIT B FEE SCHEDULE LINE ITEM DESCRIPTION UNIT OF MEASURE QUANTITY UNIT PRICE PER I EACH 56 Concrete Curb,Removal&Disposal,Drop Curb Linear Feet 51-150 $ 13.01 57 Concrete Curb,Removal&Disposal,Drop Curb Linear Feet 151+ $ 11.09 58 Concrete Curb,Install,Drop Curb Linear Feet 1-50 $ 16.22 59 Concrete Curb,Install,Drop Curb Linear Feet 51-150 $ 16.06 60 Concrete Curb,Install,Drop Curb Linear Feet 151+ $ 15.31 SUBTOTAL SECTION 1. $ 2,108.20 SECTION 2: ADDITIONAL SERVICES Unit Prices shall be all inclusive to complete the work. ASPHALT 61 Asphalt Miscellaneous,Removal&Disposal Ton 1 $ 76.53 62 Asphalt Miscellaneous,Install/Replacement Ton 1 $ 240.74 ASPHALT SIDEWALK 63 Asphalt Sidewalk,New Installation Ton 1 $ 118.98 64 Asphalt Sidewalk,Open Cut,Removal&Disposal of Existing Ton 1 $ 63.06 65 Asphalt Sidewalk,Open Cut,Install/Replacement Ton 1 $ 120.41 66 Asphalt Sidewalk Overlay Ton 1 $ 124.22 CONCRETE • 67 Rip Rap Concrete Bag Each 40 LB 5 46.93 68 Rip Rap Concrete Bag Each 60 LB $ 83.98 69 Rip Rap Concrete Bag Each 80 LB $ 92.63 70 Concrete Miscellaneous.Installation,Other items than sidewalks Square Yard 1 $ 59.26 71 Concrete Miscellaneous,Removal&Disposal of Existing Square Yard I $ 21.46 72 Concrete Miscellaneous,2500 PSI with fiber mesh,delivered Cubic Yard 1 $ 136.45 73 Concrete Miscellaneous,3000 PSI with fiber mesh,delivered Cubic Yard I $ 137.46 74 Concrete Miscellaneous,5000 PSI with fiber mesh,delivered Cubic Yard 1 $ 163.64 75 Concrete Grinding,Alternative Method by hand,FDOT approved Square Foot 1 $ 51.91 CONCRETE DRAINAGE 76 Mitered Ends,Removal&Disposal of Existing Square Yard 1 $ 200.58 77 Mitered Ends,Install/Replacement Square Yard 1 $ 352.46 78 Curb Inlets Top,Removal&Disposal of Existing Square Yard 1-10 $ 206.55 79 Curb Inlets Top,Removal&Disposal of Existing Square Yard 11-20 $ 85.29 80 Curb Inlets Top,Removal&Disposal of Existing Square Yard 20+ $ 77.22 81 Curb Inlets Top,Install/Replacement Square Yard 1-10 $ 1,003.19 Page 3 of 6 EXHIBIT B FEE SCHEDULE LINE ITEM DESCRIPTION UNIT OF MEASURE QUANTITY UNIT PRICE PER 1 EACH 82 Curb Inlets Top,Install/Replacement Square Yard 1 1-20 $ 847.02 83 Curb Inlets Top,Install/Replacement Square Yard 20+ $ 844.07 84 Flumes,Removal 8 Disposal of Existing Square Yard 1 $ 139.74 85 Flumes,Install/Replacement Square Yard I $ 220.15 CONCRETE SIDEWALK Concrete SpaIl Repair,any type of concrete surface,County Wide 86 (inclusive of labor,equipment,and materials) Square Foot 1 $ 4.94 CURB&GUTTER 87 Concrete Curb 8 Gutter,Removal&Disposal,Special,Odd Type Linear Feet 1-50 $ 25.95 88 Concrete Curb 8 Gutter,Removal&Disposal,Special,Odd Type Linear Feet 51-150 $ 12.34 89 Concrete Curb&Gutter,Removal 8 Disposal,Special,Odd Type Linear Feet 151+ $ 11.52 90 Concrete Curb&Gutter,Install,Special,Odd Type Linear Feet 1-50 $ 67.14 91 Concrete Curb&Gutter,Install,Special,Odd Type Linear Feet 51-150 $ 26.26 92 Concrete Curb&Gutter,Install,Special,Odd Type Linear Feet 151+ $ 18.17 93 Concrete Valley Gutter,Removal&Disposal Linear Feet 1-50 $ 17.25 94 Concrete Valley Gutter,Removal 8 Disposal Linear Feet 51-150 $ 15.57 95 Concrete Valley Gutter Removal 8 Disposal Linear Feet 151+ $ 14.08 96 Concrete Valley Gutter,Install Linear Feet 1-50 $ 28.85 97 Concrete Valley Gutter,Install Linear Feet 51-150 $ 17.51 98 Concrete Valley Gutter,Install Linear Feet 151+ $ 16.76 99 Concrete Gutter,Removal&Disposal,Special-for any odd type Linear Feet 1-50 $ 25.95 100 Concrete Gutter,Removal 8 Disposal,Special-for any odd type Linear Feet 51-150 $ 17.42 101 Concrete Gutter,Removal&Disposal,Special-for any odd type Linear Feet 151+ $ 15.04 102 Concrete Gutter,Install,Special-for any odd type Linear Feet 1-50 $ 38.47 103 Concrete Gutter,Install,Special-for any odd type Linear Feet 51-150 $ 36.17 104 Concrete Gutter,Install,Special-for any odd type Linear Feet 151+ $ 28.45 105 Concrete Shoulder Gutter,Removal 8 Disposal Linear Feet 1-50 $ 20.17 106 Concrete Shoulder Gutter,Removal&Disposal Linear Feet 51-150 $ 17.37 107 Concrete Shoulder Gutter,Removal&Disposal Linear Feet 151+ $ 16.69 108 Concrete Shoulder Gutter,Install Linear Feet 1-50 $ 21.74 109 Concrete Shoulder Gutter,Install Linear Feet 51-150 $ 19.40 110 Concrete Shoulder Gutter,Install Linear Feet 151+ $ 11.43 EQUIPMENT Page 4 of 6 EXHIBIT B FEE SCHEDULE LINE ITEM DESCRIPTION UNIT OF MEASURE QUANTITY UNIT PRICE PER 1 EACH III Dump Truck(Includes driver,removal and dumping of material) Hourly 1-15 Yards $ 296.40 112 Dump Truck(includes driver,removal and dumping of material) Hourly 16+Yards $ 222.30 113 Crane 100 tons and less (includes operator,delivery,and fuel) Hourly 1 $ 376.67 114 Track or Wheeled Excavator(includes operator,delivery,and fuel) Hourly 1 $ 65.46 115 Track or Wheeled Skid Steer(includes operator,delivery,and fuel) Hourly I $ 58.05 Long Stick tracked Excavator(60 ft or greater) 116 (includes operator,delivery,and fuel) Hourly I $ 94.94 Tow behind Concrete Pump(with up to 1000 ft discharge Hose) 117 (includes operator,delivery,and fuel) Hourly I $ 308.75 Concrete Pump truck (up to 200 ft boom) 118 (includes operator,delivery,and fuel) Hourly I $ 308.75 119 6"or less water pump Hourly I $ 34.16 LANDSCAPE 120 Bahia Sod delivered&installed Square Feet 1-200 $ 0.36 121 Bahia Sod delivered&installed Square Feet 201-500 $ 0.36 122 Bahia Sod delivered&installed Square Feet 501+ $ 0.36 123 Floratam Sod delivered&installed Square Feet 1-200 $ 0.68 124 Floratam Sod delivered&installed Square Feet 201-500 $ 0.68 125 Floratam Sod delivered&installed Square Feet 501+ $ 0.68 MATERIALS 126 Limerock(Delivered and Installed) Ton 1 $ 40.87 127 Limerock(Delivered and Installed) Square Yard 1 $ 15.22 128 Fill Dirt(Delivered and Installed) Ton 1 $ 54.74 129 Fill Dirt(Delivered and Installed) Square Yard 1 $ 9.93 130 Flowable Fill,Excavatable,Mixed&Delivered Cubic Yard 1-9 $ 182.92 131 Flowable Fill.Excavatable,Mixed&Delivered Cubic Yard 10-18 $ 161.59 132 Flowable Fill,Excavatable,Mixed&Delivered Cubic Yard 19+ $ 157.66 133 Flowable Fill,Non-Excavatable,Mixed&Delivered Cubic Yard 1-9 $ 182.92 134 Flowable Fill,Non-Excavatable,Mixed&Delivered Cubic Yard 10-18 $ 161.59 135 Flowable Fill,Non-Excavatable,Mixed&Delivered Cubic Yard 19+ $ 157.66 1 136 Rip Rap,Concrete Bag Bag 40 LB $ 46.93 137 Rip Rap,Concrete Bag Bag 60 LB $ 83.98 138 Rip Rap,Concrete Bag Bag 80 LB $ 92.63 139 Rip Rap Rubble,delivered and laid in place 6"-17' Ton 1-20 $ 189.16 Page 5 of 6 EXHIBIT B FEE SCHEDULE LINE ITEM DESCRIPTION UNIT OF MEASURE QUANTITY UNIT PRICE PER 1 EACH 140 Rip Rap Rubble,delivered and laid in place 6"-12" Ton 21-65 $ 134.05 141 Rip Rap Rubble,delivered and laid in place 6"-12" Ton 66+ $ 98.35 142 Silt Screen including Installation and removal Linear Feet 1-200 $ 1.56 143 Silt Screen including Installation and removal Linear Feet 201-500 $ 1.56 144 Silt Screen including Installation and removal Linear Feet 501+ $ 1.56 145 Floating Turbidity Barrier including Installation and removal Linear Feet 1-200 $- 15.60 146 Floating Turbidity Barrier including Installation and removal Linear Feet 201-500 $ 10.40 147 Floating Turbidity Barrier including Installation and removal Linear Feet 501+ $ 10.40 148 Mark-Up:Non-bid line items(receipts required) Percentage 10% SUBTOTAL SECTION 2: $ 9,638.45 SECTION 3. OTHER COUNTY DEPARTMENT PROJECTS/ROAD MAINTENANCE DIVISION EXCLUDED 1.Sidewalk&Pathways Concrete Pricing: The pricing on this sheet does not include provisions of MOT or require FDOT concrete specifications. Line Items may be used during the course of the contract. NOTE;The Root Barrier in Items 12&13 shall be NDS 12"high,Part Number SM-1220 or approve equal. LINE ITEM. GRADE/DESCRIPTION/THICKNESS ITEM DESCRIPTION UNIT OF MEASURE QUANTITY REINFORCED UNIT PRICE 149 3000 psi/4" Install New Sidewalk w/cntl.jt.@5' Square Feet I NONE $ 5.31 150 3000 psi/4" Install New Sidewalk w/cntl.jt.@5' Square Feet I 6x6 WWF-W1.4xW 1.4 $ 5.75 151 3000 psi/6" Install New Sidewalk w/cntl.jt.@5' Square Feet 1 NONE $ 6.43 152 3000 psi/6" Install New Sidewalk w/cntl.lt.@5' Square Feet 1 6x6 WWF-W1.4xW 1.4 $ 6.59 153 unclassified/4" Demo&Remove Sidewalk Square Feet 1 un-reinforced $ 1.48 154 unclassified/4" Demo&Remove Sidewalk Square Feet 1 reinforced $ 1.75 155 unclassified/6" Demo&Remove Sidewalk Square Feet 1 un-reinforced $ 1.48 156 unclassified/6" Demo&Remove Sidewalk Square Feet 1 reinforced $ 15.90 157 3000 psi/n/a install type"D"curb Linear Feet I reinforced $ 29.70 158 3000 psi/n/a install type"A"curb w/gutter Linear Feet I reinforced $ 16.13 Grind Taper on Existing Concrete 12" unclassified/n/a along path x l'wide increments to Linear Feet 1 unclassified $ 20.46 159 remove tripping hazard Remove all roots within width of NDS-12/12"by 60 mil Sidewalk to a depth of 12",regrade Linear Feet I n/a $ 24.18 existing Lime Rock,and install Root 160 Barrier Both Sides Remove all roots within width of 161 NDS-12/12"by 60 mil Sidewalk to o depth of 12",regrade Linear Feet I n/a $ 24.18 existing Lime Rock,and install Root Barrier Both Sides SUBTOTAL SECTION 3. $ 159.34 AWARD BASED ON ALL LINE ITEMS(1-161) $ 11,905.99 Page 6 of 6 Other Exhibit/Attachment Description: (l following this page (pages through ) (4 this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement#2017-002(Ver.1) Client#:70615 BONINI ACCRDTM • CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/13/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Gulfshore Insurance,Inc SWFL PHONE Ashley Myers 4100 Goodlette Road N (A/c,No,Ext):239 435-7156 FAX o c,No): 239 213-2803 ADo REss: amyers©gulfshoreinsurance.com Naples,FL 34103 239 261-3646 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Trust Insurance CO. INSURED Bonness Inc. INSURER S:FCCI Insurance Company 1900 Seward Avenue INSURER C:Homeland Insurance Company Naples, FL 34109 INSURER D: I 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 ADDLSUBRI LTR TYPE OF INSURANCE POLICY EFF POLICY EXP INSR WVD{ POLICY NUMBER (MM1DDlYYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY X 1 X GL001793003 06/01/2017 06/01/2018 EACH OCCURRENCE $2000000 X COMMERCIAL GENERAL LIABILITY I PREMISES EEa occcu ence) $100,000 CLAIMS-MADE I XI OCCUR MED EXP(Any one person) $5,000 X PD Ded:5,000 PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG_$4,000,000 _ POLICY Xj JECT I LOC B AUTOMOBILE LIABILITY X 1 X CA10000232202 06/01/2017 06/01/2018(Ea acciden SINGLE LIMIT $1,000,000 _ X ANY AUTO I BODILY INJURY(Per person) $ ALL OWNED SCHEDULED — AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident)....___ $ B X UMBRELLA LIAB 1 X OCCUR X 1 X 1 UMB10001417401 06/01/2017 06/01/2018 CUR $10 0_...0,_ EACH OCCURRENCE OOa OOO EXCESS LIAB :_._--–......._._...._. CLAIMS-MADE I 1 AGGREGATE $10,900,000 DED X RETENTION$10000 s B WORKERS COMPENSATION j X 1001WC17A73702 06/01/2017 06/01/2018 Xwe STATU- 0TH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER OFANY FICER/MEMBEER EXCLUDED?EXECUTIVE N N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) i 1E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes, under E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION CRIPTIPTIOON OF OPERATIONS below C Pollution 1 17930063790000 06/01/2017 06/01/2018 $1,000,000 Limit B Leased/Rented . CM000925702 06/01/2017 06/01/2018 $1,500,000 Limit Equipment $5,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project: For any and all work performed on behalf of Collier County. Collier County Board of Commissioners is Named as Additional Insured with respect to work performed by the named insured for General Liability as needed by contract,per form CGL 088 1013(First Choice Contractors Liability Endorsement),which includes Waiver of Subrogation. General Liability coverage is primary and non contributory ;Additional Insured is included for Ongoing and completed Operations per form CGL 08410 (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier County Board of 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. 3327 Tamiami Trail East Naples, FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S1176397/M1176030 ASH DESCRIPTIONS (Continued from Page 1) 13.Waiver of Subrogation for Workers Compensation per form WC 00 03 13 04 84. These statements are subject to policy terms and conditions;where required by written contract. SAGITTA 25.3(2010/05) 2 of 2 #S1176397/M1176030