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#18-7265 (Coastal Concrete Products)
CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Coastal Concrete Products, LLC dba Coastal Site Development ("Contractor") of 7742 Alico Road, Fort Myers, Florida 33912, a Partnership, authorized to do business in the State of Florida, to perform all work ("Work") in connection with 39th Avenue Northeast Watermain Extension and Utilities, Invitation to Bid No. 18-7265 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Davidson Engineering, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision,financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount'), in accordance with the terms of this Agreement: One Million Three Hundred Fifty-Eight Thousand Three Hundred Eighteen Dollars and Eighty-Three Cents ($1,358,318.83). Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however,the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.cov/c570/c570.html#certified. Should the Contract Amount be less than 1 Construction Services Agreement:Revised 022018 $500,000,the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall,within five(5)calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within ninety (90) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Ninety- Two Dollars and Seventy-Three Cents ($92.73) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty,which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday 2 Construction Services Agreement:Revised 022018 or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation 18-7265, 39th Avenue Northeast Watermain Extension and Utilities. Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms Exhibit B-2: Performance Bond Forms Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 Construction Services Agreement:Revised 022018 Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 18-7265, 39th Avenue Northeast Watermain Extension and Utilities. The complete contract documents, including Addendum with attachments, are available upon request at the Procurment Services Division, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available upon request at the Procurment Services Division. _®Exhibit J: Technical Specifications _Exhibit K: Permits ®Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by Davidson Engineering and identified as follows: Roadway Ext Plans and WM Plans as shown on Plan Sheets 1 through 25 . Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, Florida do Solid & Hazardous Waste Management 3339 Tamiami Trail East, Suite 302 Naples, Florida 34112-5361 Attention: Dayne Atkinson, Project Manager Phone: (239) 252-5337 Email: Davne.Atkinson(a�colliercountvfl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Coastal Concrete Products, LLC dba Coastal Site Development 7742 Alico Road Fort Myers, Florida 33912 Attention: David E. Torres, Manager Phone: (239) 208-4079 Email: Dtorres(c�coastalconcreteprod.com 4 Construction Services Agreement:Revised 022018 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Construction Services Agreement:Revised 022018 Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Ownerto execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions.To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. **** 6 Construction Services Agreement:Revised 022018 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Coastal Concrete Products,LLC d Coastal Site Dev- _ •me• A.,/ (1)-(11-6-(-6_ t�- � = By: egt‘ -� FIRST WITNESS b��Zi C,T y rreS #4oro.le, 3/ice/d /,t, le , / , tirlc/ki ;- Print Name and Titlee Date Irt rint Name •�--`- SE'l ND WITNESS AZI'-A t,c-a iL Print Name Date: LI l b I V OWNER: ATTEST: BOARD OF CO COMMISSIO► "S OF COLLIE' OU ' FLORI• • . Brock, Cie � 111, BY: • L _ /, • "'y Solis, 77. Date Attest as to Chairman's Chairman signature only. A.trove* -s toe m -nd L-gality: �� � Assistant County A orney thif R -7;41.1_ Print Name 1/4 7 Construction Services Agreement:Revised 022018 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement:Revised 022018 18-7265-Bid Tabulation 39th Avenue Northeast Watermain Extension and Utililies REVISED v1 COASTAL CONCRETE Scope of Work Quantity Unit I Unit Price Total Price 39th Avenue Roadway Improvements Initial Site Design-CNSTR PL20120002049 and Current Plan Set 1 Mobilization 1 L5 $ 30,000.00 $ 30,000.00 2 Traffic Maintenance 1 LS $ 12,500.00 $ 12,500.00 3 Silt Fence 3,016 LF $ 1.80 $ 5,428,80 4 Cut&Balance Site 1.0 AC $ 3,800.00 $ 3,800.00 5 Site Grading(Rough) 10,793 SY $ 1.00 $ 10,793.00 6 Site Grading(Final) 10,793 SY $ 1.00 $ 10,793.00 7 Sod w/Watering 7,156 SY $ 3.80 $ 27,192.80 8 General Excavation 780 CY $ 30.00 $ 23,400.00 Off-Site Swale Initial Site Design -SDP PL20120000322 9 Silt Fence 2,566 LF $ 1.80 $ 4,618.80 10 Cut&Balance Site 0.92 AC $ 3,800.00 $ 3,496.00 11 Site Grading(Rough) 4,448 SY $ 1.00 $ 4,448.00 12 Site Grading(Final) 4,488 SY $ 1.00 $ 4,488.00 13 Sod w/Watering 1,702 SY $ 3.80 $ 6,467.60 14 Hydroseeding w/Watering 2,085 SY $ 2.00 $ 4,170.00 Watermain Extension Initial Site Design-Current Plan Set 15 Mobilization 1 LS $ 30,000.00 $ 30,000.00 16 Traffic Maintenance 1 LS $ 12,500.00 $ 12,500.00 TOTAL INITIAL SITE WORK CONSTRUCTION $ 194,096.00 39th Avenue Roadway Improvements Pavement/Concrete/Fencing CNSTR PL20120002049 17 Asphalt-1.25-inch Type SP 12.5 3,566 SY $ 8.70 $ 31,024.20 18 Asphalt-0.75-inch Type SP 9.5 3,566 SY $ 7,90 $ 28,171.40 19 10"Limerock Base 3,745 SY $ 18.00 $ 67,410.00 20 Geotechinal Testing 1 LS $ 5,500.00 $ 5,500.00 21 Signage 1 L5 $ 2,000.00 $ 2,000.00 22 Striping 1 LS $ 2,000.00 $ 2,000.00 TOTAL PAVEMENT/CONCRETE/FENCING CONSTRUCTION $ 136,105.60 Maintenance to Existing Paved 39th Ave.NE-Current Plan Set 23 Mill/Remove Existing Asphalt(1.25-inch) 5,806 SY $ 3.10 $ 17,998.60 24 Asphalt-1.25-inch Type SP 9.5 Overlay 5,806 SY $ 8.35 $ 48,480.10 25 Full Depth Asphalt Removal 518 SY $ 4.50 $ 2,331.00 26 Asphalt-1.25-inch Type SP 12.5 518 SY $ 21.00 $ 10,878.00 27 Asphalt-0.75-inch Type SP 9.5 518 SY $ 20.00 $ 10,360.00 28 10"Limerock Base 544 SY $ 18.00 $ 9,792.00 29 Rework Limerock Base 1 CY $ 14.00 $ 14.00 30 Signage 1 LS $ 2,000.00 $ 2,000.00 31 Striping 1 LS $ 2,000.00 $ 2,000.00 39TH AVENUE PAVEMENT MAINTENANCE CONSTRUCTION $ 103,853.70 Watermain Extension Water Utilities 32 Connection to Existing WM(36"x 24"Hot Tap) 1 LS $ 32,500.00 $ 32,500.00 33 24"CL235 DR18 PVC 180 LF $ 190.00 $ 34,200.00 34 16"CL235 DR18 PVC 3134 LF $ 55.00 $ 172,370.00 35 10"CL200 DR11 PVC 50 LF $ 50.00 $ 2,500.00 36 Jack&Bore 20"ASTM 139 Grade B Steel Casing 50 LF $ 550.00 $ 27,500.00 37 Jack&Bore 42"ASTM 139 Grade B Steel Casing 150 LF $ 1,150.00 $ 172,500.00 38 Fittings 1 LS $ 14,500.00 $ 14,500.00 39 24"Gate Valve 1 EA $ 21,500.00 $ 21,500.00 40 16"Gate Valve 5 EA $ 8,500.00 $ 42,500.00 41 10"Gate Valve 2 EA $ 3,500.00 $ 7,000.00 42 Fire Hydrant Assembly w/Valve 4 EA $ 4,600,00 $ 18,400.00 43 10"Temporary Blow-off Assembly 1 EA $ 1,100.00 $ 1,100.00 44 16"Temporary Blow-off Assembly 1 EA $ 2,100.00 $ 2,100.00 45 Permanent Bacteria Sampling Point 1 EA $ 2,200.00 $ 2,200.00 46 Automatic Flushing Device 1. EA $ 5,200.00 $ 5,200.00 47 Air Release Valve(ARV) 1 EA $ 2,800.00 $ 2,800.00 48 Bollards 8 EA $ 950.00 $ 7,600.00 Page 1 of 2 18-7265-Bid Tabulation 39th Avenue Northeast Watermain Extension and Utililies 49 Shoring/Manhole Box 3 EA $ 2,500.00 $ 7,500.00 TOTAL WATER UTILITIES CONSTRUCTION $ 573,970.00 39th Avenue Improvements Drainage Utilities CNSTR PL20120002049 50 14"x 23"Reinforced Concrete Pipe(Elliptical) 418 LF $ 75.00 $ 31,350.00 51 14"x 23"Mitered End Section 10 EA $ 1,200.00 $ 12,000.00 52 Modified 14"x 23"Mitered End to Type C Ditch Inlet 1 EA $ 3,800.00 $ 3,800.00 53 Control Structure 1 EA $ 4,200.00 $ 4,200.00 54 Rip Rap w/Filter Fabric 6 TON $ 150.00 $ 900.00 55 18"RCP 18 LF $ 95.00 $ 1,710.00 56 18"MES 1 EA $ 1,100.00 $ 1,100.00 57 Concrete Flume 1 EA $ 550.00 $ 550.00 Offsite Swale Drainage Utilities CNSTR PL20120002049 and SDP PL20120000322 58 Temporary Drainage Facilities 24"HDPE 60 LF $ 85.00 $ 5,100.00 59 Temporary Drainage Facilities 18"HDPE 60 LF $ 75.00 $ 4,500.00 60 Control Structure 1 EA $ 4,200.00 $ 4,200.00 TOTAL DRAINAGE CONSTRUCTION $ 69,410.00 Misc.Conditions(If Necessary) 61 12"Sub-Grade 3,935 SY $ 5.00 $ 19,675.00 62 Testing 1 LS $ 7,500.00 $ 7,500.00 63 As-built Survey 1 LS $ 5,500.00 $ 5,500.00 64 Rock Excavation 1 LS $ 15,000.00 $ 15,000.00 65 2"Conduit(HDPE) 3325 LF $ 9.00 $ 29,925.00 66 3-2"Conduit(PVC SCH 40) 9975 LF $ 8.00 $ 79,800.00 67 TOTAL MISC.CONSTRUCTION $ 157,400.00 68 OVERALL TOTAL SITE CONSTRUCTION 16"WATER MAIN $ 1,234,835.30 10%Owners Allowance $ 123,483.53 BID TOTAL(Line 68+10%Allowance) $ 1,358,318.83 Page 2 of 2 EXHIBIT A-1: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement:Revised 022018 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 39th Avenue Northeast Watermain Extension and Utilities BID NO. 18-7265 Full Name of Bidder Coastal Concrete Products, LLC dba Coastal Site Development Main Business Address 7742 Alico Road, Fort Myers, FL 33912 Place of Business 7742 Alico Road, Fort Myers, FL 33912 Telephone No. 239.208.4079 Fax No. 239.334.1399 State Contractor's License# CGC1519460 State of Florida Certificate of Authority Document Number L10000107847 Federal Tax Identification Number 27-3688614 DUNS# CCR# Cage Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 12 Construction Services Agreement for Public Utilities:Revised 06152017 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ., .--77}').• 9 p LICENSE NUMBER ft;"'.. `q...-;1 CGC1519460 r The GENERAL CONTRACTOR - IS CERTIFIED �U� E >fi Named below RT .........-- Expiration the provisions of Chapter 489 FS. Expiration date: AUG 31, 2018 TORRES, DAVID ELIAS 'K" COASTAL CONCRETE P:E `Dt1CTS, LLC • , .'—�;'' •� r5 7742ALICO RD -•.'..7. = -,- . ... - m.�. ,,.. FORT MYERS St 33912 4 , ISSUED: 08/10/2016 DISPLAY AS REQUIRED BY LAW sEa# L1608100001769 Detail by Entity Name Page 1 of 2 Florida Department of Slate Drd!s!on uF COR'oRATtONS o r f .pitivi : «!r } ` Department of State / Division of Conorations / Search Records / Detail By Document Numoer/ Detail by Entity Name Florida Limited Liability Company COASTAL CONCRETE PRODUCTS,LLC Filing Information Document Number L10000107847 FEI/EIN Number 27-3688614 Date Filed 10/15/2010 Effective Date 10/15/2010 State FL Status ACTIVE Principal Address 7742 Alico Rd Ft.Myers,FL 33912 Changed:01/23/2014 Mailing Address 7742 Alico Rd Ft.Myers,FL 33912 Changed:01/23/2014 Registered Agent Name&Address TORRES,DAVID E 7742 Alico Rd Ft. Myers,FL 33912 Address Changed:01/23/2014 Authorized Person(s)Detail Name&Address Title MGR TORRES,DAVID E 7742 Alico Rd Ft.Myers,FL 33912 Annual Reports Report Year Filed Date 2016 01/25/2016 2017 01/12/2017 http://se arch.sunbiz.org/Inquiry/CorporationS earch/S earchResultDetail?inquirytype=Entity... 3/6/20 1 8 Detail by Entity Name Page 2 of 2 2018 01/18/2018 Document Images 01/18/2018—ANNUAL REPORT View image in PDF format 01112/2017—ANNUAL REPORT View image in PDF format 01/25/2018—ANNUAL REPORT View image in PDF format 01112/2015—ANNUAL REPORT View image in PDF format 01/23/2014--ANNUAL REPORT View image in PDF format 01/25/2013—ANNUAL REPORT View image in PDF format 02/03/2012—ANNUAL REPORT View image in PDF format 03/02/2011—ANNUAL REPORT View image in PDF format 10/15/2010—Florida Limited Liability View image in PDF format Florida Dopartrrent of Scots,Division of Corporations • http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/6/2018 MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A(Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Col7Concret- ct LLC dba Coastal Site Development - l /, Signature: avid E. Torres Manager- Date: 01/18/18 6 Section B (Exception req ested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Coastal Concrete Pr du..s, LLC dba Coastal Site Development (---.2) . Signature: ) David E. Torres- Manager Date: 01/18/18 14 Construction Services Agreement for Public Utilities:Revised 06152017 LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2013-69 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Subcontractor and Address Work 1. Electrical 2. Mechanical 3. Plumbing 4. Site Work 5. Identify other To be determined subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: Coastal Concrete Products, LLC dba Coastal Site Development Signature: _ / / David E. Torres-Manager Date: 01/18/18 15 Construction Services Agreement for Public Utilities:Revised 06152017 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location Reference 1. Roadway Extension, Utilities & Terry Cole Drainage of Rattlesnake Hammock Hole Montes Rd, Naples, FL 239.254.2024 2. Sidewalk & Drainage Improvement Tim Pinter& Mike Daniels Project various locations in Marco City of Marco Island Island, FL 239.389.3970 3. Roadway Extension, Utilities & Nick Kouloheras Drainage of Faith Landing in Habitat for Humanity of Collier County Immokalee, FL 239.438.0934 4, Sabal Palm Culverts & Drainage on Emilio Robau Sabal Palm Dr., Naples, FL Robau &Associates 239.206.8000 5. Roadway Extension & Underground Terry Cole Utilities of Rattlesnake Hammock Rd, Hole Montes Naples, FL 239.254.2024 6. Sidewalk Improvement Project on Shannon Bassett Cypress Way East, Naples, FL Collier County 239.253.3170 Dated 01/18/18 Coastal Concrete Products, LLC dba Coastal Site Development BY: /1d.t$ David E. Torres- Manager 16 Construction Services Agreement for Public Utilities:Revised 06152017 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LF,SY) Overall Trench LS 1 1 Safety (4;z‘ /51)C) . -,-- 2. 3. 4. 5. TOTAL$ '2JJS—(:)6^ Failure to complete the above may result in the Bid being declared non-responsive. Dated 01/18/18 Coastal Concrete Products, LLC dba Coastal Site Development Bidder / David E. Torres- Manager 17 Construction Services Agreement for Public Utilities:Revised 06152017 Colter 0014-11tY Administrative Services Department Pi Services Division FORM 9-CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that,to the best of its knowledge and belief,the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules—The firm has not set the"ground rules"for affiliated past.or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement)which appears to skew the competition in favor of my firm. Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County project identified. above to evaluate proposals/past performance of itself or a competitor,which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information—The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor(or an affiliate)with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit,the contractor/vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned project;and, 2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non-public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified,may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below,the firm(employees,officers and/or agents)certifies,and hereby discloses,that,to the best of their knowledge and belief,all relevant facts concerning past,present,or currently planned interest or activity(financial,contractual,organizational, or otherwise)which relates to the project r(i�dentif ed above has been fully disclosed� and does nno./t�pose m an organizational conflict.hh Firm: \+eCJ ? I Co)i.e.e• ..••ie___ /3s a,..1 { J �� +' i m . Signature and Date: / ► —— — „ „...7". Print Name: _.- A�\c -_ ..- 5 Title of Signatory: Rt..1 • ... ..._.............. .._.. Colter County Administrative Services Department Procurement Services Division FORM 10-VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples,Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith,without collusion or fraud. The Vendor agrees, if this solicitation submittal is accepted,to execute a Collier County document for the purpose of establishing a formal contractual relationship between the finn and Collier County,for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further,the vendor agrees that if awarded a contract for these goods and/or services,the vendor will not be eligible to compete,submit a proposal,be awarded,or perform as a sub-vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF,WE have hereunto subscribed our names on this day of t?r'"'r'L ,20 in the County of Ce I , in the State of I- jt Cc5u ( `tC Firm's Legal Name: o 4.s-t" io: s r G r ir; f f: Address: City,State,Zip Code: � 33451 ' Florida Certificate of L /006)0/0 -)-. 1006)0/0 g417)-- Authority L(Authority Document NumbertTy g g j CI Federal Tax Identification Number *CCR#or CAGE Code *Only if Grant Funded Telephone: Signature by: (Typed and written) " r Title: Additional Contact Information Send payments to: v'`C a o.��� (required if different from Company name used as payee above) Contact name: Title: Address: City,State,ZIP Telephone: Email: // Office servicing Collier ` Q z '„�. a : k-c v e County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email: Secondary Contact for this fi � ' C` Solicitation: o7 .•. Email: pY'. c;`c�t (7 cue ` c0 -\c,'.tt ' Phone: 2.- ' Co tier Couxty Administrative Services Department Procurement Services Division immigration Law Affidavit Certification Solicitation: 18-7265 39th Avenue Northeast Watermain Extension and Utilities This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals(RFP)submittals. Further,Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify proctrama may deem the Vendor!Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name Coastal Concrete Products, LLC dba Coastal Site Development Print Name David E. Torres _ //♦,; / Title Manager Signature Date 01/18/18 State of County of . The foregoing instrument was signed and acknowledged before me this (® day of ` L.ttx�� ,20 f by .—RD aPs whoaspredtfeeei-- as identification. (Pri Type Name) (Type of Identification and Number) Notary i alicc Signature� ► ►^"�" ' �r n /�` rc'rA/ Notary Public State of Florida Printed Name of Notary Public ,1/4„,, tharitza Aguiar • ` µY GomnIst oo 14580 Gtn 31 11-1-S6 Ial[ (Q'�( E%prras1lt1d413t9Ri Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 18 Construction Services Agreement for Public Utilities:Revised 06152017 ._.. ...„, .,---E-Vergai ly. 77, Company ID Number:422570 To be accepted as a participant In E-Verify, you should only sign the Employer's Section of the signature page.if you have any questions,contact EAterify at 888464-4218. rrnployer Coastal Concrete Products,L:LC pevid Torres risme(Please Type or Print) I (Title 1 1 iElectronicafiyAgned i ' 6113/2011 — Signature , ate 1 . I 1 i I _—— --------- IDepartment.of Homeland Security—Verification Division i i CSC%Verification Division ',iame(Please Type or Print) ITItle — — ;glectrorIKOly Sign.ad .._ . ._____ 06/1312011 ______ Rignatuie— . I pate I I 1 Information Required forTa----VerifF,F-oram ---------1 1 lInformation relating toyour Company: 1 ____ i -1- i 1 I Ii I owneay.rierTm)coeeter Conorete Produots,LLC I 1 Company Facility AddressP921 Prospect Avenue I I . 1---- I papies, I.34104 , I I — I-- • Company Alternate _ Address: j • H ir__------------1-- _ 1 1 I r----- 1 1 1 Employer Identification I 1 I • Number. 1273688614 Page i2 of 13 i 5-Verify MOU for Employer i Revision Date 09/01.'09 imuw.dhs,goviE-Verify err .yT_� s� „' .?�.:. ,x�, *.Hsi • Coinppny ID Number:422570 ,» .....,P.•�IOCLil AI'tTBC1G�ri iCi�sf5tr;� ISM•..-.-.._._,.�_.._..,._ ._._.._._. .....-_._._.,,_- ., _....._. Classification Systems I L.. ._ Code: r238 1 Administrator. i Number ofplo ees: to 5 w �! i { Number of Sites Verified 1 I for: !ill �.�,. .,. s:.......v-,.,•N�ai,«.-� .sitz,? fi., n �3 yP�tD TC�I+ r T9f����•: y for I ;h,.�? rA7g1'�,4?ftff'' a� is ra ax:.uao�l+a1R•.e I a�u. :. -:����:as.o:..=€«.f:..ai.W Lily- �_ �: '=%?�r.�..-$�:t+a f,Z.. IP each State i 1 I I 1 :riff€`;rnlation r iatIO to to Progrelin Adrninistrator(s)for your Company on policy que€loris or oenoraticina4 ;aroblerada: Naiue: David E Torres Telephone Number. (239)263-9706 Fax Number: (239)263-1.058 E-ntail A.i'drtss: t`ttetTee Cimatatea i[eretepred.zora r I Mame: Charlotte W'Walkup 1 1Thigh=Number: (239)263.9700 ea 204 T`ex Nu:nusx: (.AA39)263-10 i;-moil Addre : e:valltuptrr?,coa&talsonereteprod.,soiu I L...._...__-.._.. _ _ _. •,.:_.,n..,,,nnrn-:n: ‘e vxira d'ibi.i:�.tb,re;'-orf&!ii e? Y3i,!: i.7 Qi�. j„�.'u:xri;r..�v wi'�•. .��i --..��,., .....___._.. _. Collier County AdminRratveServices Department Procurement Services DMsion COLLIER COUNTY SOLICITATIONS SUBSTITUTE W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General information (provide all information) Taxpayer Name- Coastal Concrete Products, LLC (as shown on income tax return) Business Name Coastal Site Development (if different from taxpayer name) Address 7742 Alico Road City Fort Myers State Florida Zip 33912 Telephone 239.208.4079 FAX 239.334.1399 Email dtorres(),coastalconcreteprod.cam Order information Remit I Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status(check only one) Individual I Sole Proprietor Corporation Partnership Tax Exempt(Federal income tax-exempt entity )4__Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) p Enter the tax classification (D=Disregarded Entity, C=Corporation,P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 27-3688614 (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification:Under p a ' s a. ,: certify at the information shown on this form is correct to my knowledge. Signature David E.Torres Date 01/18/18 Title Manager / Phone Number 239.208.4079 19 Construction Services Agreement for Public Utilities:Revised 06152017 • BID.BOND • • KNOW ALL MEN -BY THESE PRESENTS, that we 'Coaatal Copy.-rete Proriur:ts I I C (herein after called the Principal) and . . •Philadelotlia indemnity Insurance Company •, .(herein . _ called the >urety), a. corporation chartered :and -existing under.the laws,-of the State of the Commonwealth of Pennsylvania With its:principal.offices in the-.pity of• Bala Cynwyd and.authorized . 'to•dv:business in the State.or •.Florida: •' - -are-held.and firmly bound unto the. .• Collier CountyBoard of•County Commissioners •• ' ' • •:(hereinafter:railed: the Owner), . •'_ . •in :the full: and..Just.:sum. :of 'Five Percant'of Apiount Bid ' :'.. . .. • :. ' a, . . . Adam .(dt 5%•ofAmount'Bid :)':good .arid,lawful money'af•the{Jhtted States of America,'to be paid _ • ' . - •' .- upon demand of the.Owner,to which payment well and truly-;to be made, the.Principal'and •- - • .. ' .-.Surety bind themselves, -their heirs, and executors, administrators,. and assigns, jointly and severally and firmly by these presents. • Whereas,the Principal is about to submit, or has submitted to the Owner,a Bid•for furnishing all . • labor, materials,_equipment and incidentals necessary to furnish; •install, and.fully complete the ' • ' Work on the Project krtowri as :..:-:.. • ...• .:-; ' - : ' . .:: 38t1!Aven.ue.No.rtheaat:VlfatermairtExtension'and Utilities :. •: ,:.: .•..•. .:".. ',:• . ''• -.:•. ...... .. . ......::. NOW.:''t HEI EFORE,,if the Owner shall: accept the::Bid.pf. the PRINCIPAL and the .. ::.-.: •-•::..::••••:••: . f IMINCIP.Af..*44::•entef•430.1he:-....t*ciored.Agreshieht vui#m the Owner and:within te..':da s•after tom'.•.:.. :-:::•:•:•••.;.!;.];': ' ..<date-:of:a.wntten:Notice 0:AwardIn•:accordance•.with.the.terms' f.sup(:•i'.Bid,.and:giive 0uch'bond or. .:,.::::• ;.:::: . "" :.''bond's•itt an:amount of 1 U%o the'total'Contract Am ubt:as specified in the Bidding D'oouiiieti'Cs;pir..... .'''.'•:''::••, ` :••••:.7.•:-:. .:.: of tract:Docuiri'gilts:aNitli`geod:acid suffic en t su y.for.the.faithf l°performance of:the Agreement -,:f.-.'.::... :::::::':,.....i..:-....:::.:...: end for e:•prompt payment of lab i-,::i rlaterrals and supplies fur hied In the,presecutio'n°_thereof .:•••••••!....-.....-:•':•-::..::?:: ::: • bt;li :the etterito'-tlia failure of thie PRINCIPAL_to:enter into such ►greement-orlo give i;,uch ofld.. ' Y.:•••:........... ':or.Gends�and'•denver to inner tl e::r@gi li i_certi'fioate�s of insurat ce,'if:the PRINCIPAL shall'.pay':.....":::.--:.... .':' . . to.flue:.OBLIGEE.-the:'fixed sum bf•S :*.ofamn,ntiii�f'': fioted above;as�liquhdated'-damages •::::: .' and npt,as•a:•penalty.;ref provided to the biddir g::Ooeuments,- en-this ah{Igatfon shall be null•:al0.::. ..•. , .. vp!d otherwise to ret lalri1i fuli'rorce arid effect: thereof :fie.Prinoi :...:',.•••;.•-•::-..:.....:.:',. - •.,: fid :: ., :.• n.. . :.•:.,���,'�;L,�+'~ : . . . '.::Ili:'::. .:. ..... ....•..•. .:::. ,:�TESTIMONYf }... pal 'a 'net.8U>•ety-�ttave •rau �these�:prese is tt�•'t .:_�:..-_�. .�;.,4•.;. -''.duly signed nd aealei�:this' -da:y aQ t 2stri��:. of:'oer�;;bar-- •y:: • • ,.. ....:...... .. '-: '• ,' .:.''. C• oastal Concrete Products.•Lti.O': 4itf ij • • ..cipa • ._ iiia in'rlpriiri t Incl ra c rc - Suret•y'• Attoi�ey:Irr Fact .. • r `` Counterslgy,� �;• ..., .•:. ,,,, ..:. ' :..: . _..-.; vid.T:Safihe;.:Florida:Resitient Agent:° .. :;:.."•••••:••.....;•..':. • •_.•• '.•` !•-.,•.;.::•• local Resident Produping•Agerit.for: Alter Surety,Oroup-Inc -. •••.r; • '.. •::. Con Iructlon$erulbas Areerrient for Public-Utliities:Rev ed 06162017•• Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within Ninety (90) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of FLORIDA County of LEE DAVID E.TORRES , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. DAVID E. TORRES , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. 20 Construction Services Agreement for Public Utilities:Revised 06152017 (a)Corporation The Bidder is a corporation organized and existing under the laws of the State of which operates under the legal name of , and the full names of its officers are as follows: President Secretary Treasurer Manager The is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: David E. Torres via Revocable Trust George P. Bauer via Revocable Trust The co-partnership does business under the legal name of: Coastal Concrete Products, LLC (c) Individual The Bidder is an individual whose full name is , and if operating under a trade name, said trade name is Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. 21 Construction Services Agreement for Public Utilities:Revised 06152017 Coastal Concrete Products, LLC dba DATED . 01/18/18 Coastal Site Development SILegal entity /��!�� BY: David E. Torres Wit S -���-rNa Bidd,:r 4 . •-• Witness Sign. r- Manager Title :41x.' STATE OF FLORIDA COUNTY OF LEE The foregoin • strument was acknowledged before me this 876. day of 0 t bye a , as f 'Pr/Cxluss t t C_ , a Ft..De-L IA-- 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: IAD ) 1y (Sign:ure of Notary) NAME: I u ct Uet/i/ (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of fl-Z(1-101 . Commission No.: 6tc, it-1-5-esq Notary Public State of Florida �P'' Meritza Apular VerdiG My Cea 12/0lon 00 14685G Ver Expire.12/0e12021 22 Construction Services Agreement for Public Utilities:Revised 06152017 5 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint David T.Satin.Warren M.Alter and Jonathan A.Bursevich of Alter Surety Group.Inc.. its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$25.000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 141 of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER,2017. it 1927'i "., (Seal) a Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 27k'day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. Or MUNK UAL fliInt Notary Public: `" Q r sir co.ep,ion6cpru sws ts,MI "` residing at: Bala Cynwyd.PA (Notary Seal) My commission expires: September 25.2021 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 27'"day of October,2017 are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, December In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this-g day of_ ,20 17 . `�*4�y,tlir ,13% �7.. r.T.*S ih T' 'c Edward Sayago,Corporate Secretary . PHILADELPHIA INDEMNITY INSURANCE COMPANY StN -... -"1.44/ BUSINESS CONTACT INFORMATION Coastal Concrete Products, LLC dba Coastal Site Development (Firm's Complete Legal Name) Main Business 7742 Alico Road (Address) Fort Myers, FL 33912 (City, State, ZIP) Contact Name David E. Torres Phone No. 239.208.4079 Title Manager FAX No. 239.334.1399 Email address: dtorres(p�coastalconcreteprod.corn ADDITIONAL CONTACT INFORMATION Send Payments To (REQUIRED ONLY if different from above) (Company Name used as Payee) (Address) (City, State, ZIP) Contact Name Phone No. Title FAX No. Email address: Office Servicing Collier County Account /Place Orders/Request Supplies (REQUIRED ONLY if different from above) (Address) (City, State, ZIP) Contact Name Phone No. Title FAX No. Email Address: 24 Construction Services Agreement for Public Utilities:Revised 06152017 THIS SHEETMUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Procurement Services Division BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Immigration Affidavit completed and the company's E-Verify profile page or memorandum of understanding 7. Certificate of Authority to Conduct Business in State of Florida and the County's Substitute W9 8. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 9. Any addenda have been signed and included. 10. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise the Bid cannot be considered. Coastal Concrete Products, LLC dba Coastal Site Development Bidder Na •- 1 I ' David E. Torres—Manager 01/18/18 ignat itle Date 25 Construction Services Agreement for Public Utilities:Revised 06152017 CiO7e7° County Email: adamnorthrup@colliergov.net Administrative Services Division Telephone: (239) 252-6098 Procurement Services FAX: (239) 252-6302 Addendum #1 Date: 12/04/2017 From: Adam Northrup, Procurement Strategist To: Interested Bidders Subject: Addendum# 1 18-7265—39th Avenue Northeast Water Main Extension and Utilities The following changes are being made to the above-mentioned Collier County solicitation: Correction to bid schedule, as demonstrated in file titled "18-7265—Bid Schedule— Addendum 1", replacing the previously posted bid schedule. Correction to specifications, as demonstrated in file titled "18-7265—39th Ave NE SPECS—Addendum#1", replacing the previously posted specifications. The Non-Mandatory prebid conference is now being held on 12/08/2017, at 10:00 AM in the parking lot of the Collier County Fairgrounds, located at 751 39th Ave NE, Naples, FL 34120. The solicitation previously had the prebid location at the Procurement Office. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Sue Zimmerman Coastal Concrete •ro• cts LLC =- o -tal Site Develo•ment Writiff 01/18/18 David E. Torr- - a -•er Collyer County Email: adamnorthrup@colliergov.net Administrative Services Division Telephone: (239) 252-6098 Procurement Services FAX: (239) 252-6302 Addendum#2 Date: 12/04/2017 From: Adam Northrup, Procurement Strategist To: Interested Bidders Subject: Addendum #2 18-7265-39th Avenue Northeast Water Main Extension and Utilities The following changes are being made to the above-mentioned Collier County solicitation: There has been an update of Exhibit L—Standard detail, as demonstrated in the file titled"Exhibit L—Addendum#2 NERC—Geotechnical Report." The new file completely replaces past Exhibit L files. There has been an update of Exhibit M—Plans and Specifications, as demonstrated in the following four files"Exhibit M.1—Addendum#2 WM Ext—CURRENT CNSTR PLANS.", "Exhibit M.2—Addendum#2 ROADWAY EXT-CNSTR PLANS", "Exhibit M.3—Addendum#2 Approved SDP Plans-QGM.", and"Exhibit M.1—Addendum#2 BID PLANS." The new files completely replace past Exhibit M files. Correction to bid schedule, as demonstrated in file titled"18-7265—Bid Schedule—Addendum 2", completely replacing the previously posted bid schedule. Correction to specifications, as demonstrated in file titled "18-7265 Specifications—Addendum #2", replacing the previously posted specifications. The closing date of 12/28/2017, at 3:00 PM has now been extended until 01/18/2018, at 3:00PM, to account for plan changes. The question and answer period has likewise been extended until 01/11/2018 at 3:00PM. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Sue Zimmerman Please acknowledge receipt of this Addendum with your bid proposal. Coastal Co 'ro� t d•. Coastal Site Develo.ment INLI01/18/18 D. id . Torres an ger Cofer Courity Email: adamnorthrup@colliergov.net Administrative Services Division Telephone: (239) 252-6098 Procurement services FAX: (239) 252-6302 Addendum#3 Date: 01/04/2018 From: Adam Northrup, Procurement Strategist To: Interested Bidders Subject: Addendum #3 18-7265—39th Avenue Northeast Water Main Extension and Utilities The following changes are being made to the above-mentioned Collier County solicitation: Correction to bid schedule, as demonstrated in file titled "18-7265—Addendum#3 Revised Bid Schedule", completely replacing the previously posted bid schedule. Clarifications to specifications, as demonstrated in file titled "18-7265 Addendum#3 BID MEMO" and"18-7265 Addendum#3 MOT Report Plan". If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Sue Zimmerman Please acknowledge receipt of this Addendum with your bid proposal. Coastal Concrete •Ducts i•!►C 4 C stat Site Development ' - 01/18/18 David E. Torres 4 -ger EXHIBIT A-2:CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category David Machado Construction Superintendent Maritza Aguiar Project Manager David E. Torres Project Executive 10 Construction Services Agreement:Revised 022018 INSTR 5525857 OR 5488 PG 437 RECORDED 3/19/2018 12:32 PM PAGES 8 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $69.50 I ALTER SURETY GROUP, INC. Bond Department-Public Works Bond In compliance with Florida Statute Chapter 255.05,the provisions and limitations of section 255.05 Florida Statutes,including but not limited to,the notice and time limitations in Sections 255.05(2) and 255.05(10)are incorporated in this bond by reference. Bond Number PB12159900156 Contractor Coastal Concrete Products,LLC dba Coastal Site Development Address& 7742 Alico Road Phone No. Fort Myers,FL 33912 (239)263-9700 Surety Philadelphia Indemnity Insurance Company Address& One Bala Plaza, Suite 100 Phone No. Bala Cynwyd,PA 19004 610-617-7900 Owner Name Board of County Commissioners of Collier County Address& c/o Solid and Hazardous Waste Management 3339 Tamiami Trail East, Suite 302 Phone No. Naples,Florida 34112-5361 239-252-5337 Contracting Public Entity (if different from the owner) Address& Phone No. Contract/Project Number Bid No. 18-7265 Project Name 39th Avenue Northeast Watermain Extension and Utilities Project Location Naples,Florida Legal Description Naples,Florida And Street Address Description of Improvement: 39th Avenue Northeast Watermain Extension and Utilities This bond is given to comply with section 255.05 Florida Statutes and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2)and(10),Florida Statutes. Any provision of this bond which conflict with or purports to grant broader or more expanded coverage in excess of the minimum requirements of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond,not a common law bond. This is the front page of the bond. All other page(s)are deemed subsequent to this page regardless of any page number(s)that may be pre-printed thereon. OR 5488 PG 438 • • I • OfHIBIT at:'PUBtac pAYMEI. .T.BoN : , .. . 18245 ' fi .. • :. - , :''; dj!t#t PB12159900156 .• ;. 2 it:i. ill :. .• ::' .: ' c ,.;r�n�r'Rfe Prncii',rt :1.1 C dila C9astal S DeveInpment• •••74:+•••• _: ••,•.•. .. i:,.+"••-:-.:-.7•••.. •-•-� . , : . p i( clalnhia Inderjiijifir•Insurance Comoarty s ?:j'c-' c`�, v 8S • �, located ' ,.i?ne @ 1a Plaza 1si0 »iTS°�j,u PA 9 O4 es _::._:: - :..: s(n ��1�i�. p ,.I ,,t•w, .. . .... ,'. :.• rbc .4. t y� Pt is 'fielr!'and firml M iv The 8yard of C'ouQty Cnrl+m'@stnnnn of Collier Count: ::aA�7 c*.pl:the .} "std'•Of One Melee Three Hundred Fifty-Eight Thousdnd Three HuadredArteeo t2p ,hti,n,ree Cees. ('1 1.enciii i405' fO the paymeritwhereof we bind-Qurse�ee,aur.heirst exec torn„persanat represe+hfa6ve ssic essprs: f• and assigns,Jointly and severely. is tt. 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I - • / - . . . . . Ait9001001*E4Ste.*i:April 11th,2018 ::••,. •• . •....A...,._ ... .. . . . • 4 .. . ... ;.•• . . ., • , • • •:,.:. .. • . . • • '. ,•• '.1.81,16f.• P jr9iin,Stiearirt.'-,- • ' - — " . ., . • • - •'"• • ** :::'• latiligtONO*kri -• : . •• ' • ' . . : . . : .... ._ .,, : ....... . : • • - • . ••• OFKOROPKAMY4 . '... .:'T.,:••.:4,104§ .S1104834.•Florida , •• . " . - • ..,: .., ..:•• i-..: • • iCaljimjittlitt00-411•0380• ..,--:' ..• . • . • ;• . • • • ' .- : . • • - . ... . . . ..000 DOREEN SHEARIN , ., ..:7-:::;. •7. :!--.,. :,,.; ...:. • ...7..t..........-..... -NOTARY ' COMMISSION#FF1I03 • • . • • . • . • . . . • . - .., PUBLIC • EXPIRES April 11,2018 •.: .- . . -. - • sFrLAcjog, BONDED THROUGH". •• :• • ?.;:. * • • * • `,-Eil-v- RU INSURANCE COMPANY • . •*:*:' " — . .... - , '•. •••.• ' ' • . • I .. •• . • .• „..._ . • ' 1 Ns t' • . ..., • • . ..... • ,: . . . .:..•!•.:.. ' • • • ' • • . , • • .• • • .• . . , - .- . • . . 'i.L. . . .• * • * - . .• • ., ,..... . 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I1 , r;. `. .. _16th ..t March r218 .. til Ag.A00Mtble04:4:4=t;L:014;."-;0-1* !##q.._ ___y/840 ,00116: - 'q. , .: .' .Mc I In,r RRvraad' �..., i° • • . q• OR 5488 PG 442 S' i • • i' • • S190e0r tiigared atid.deirvered, in1U e'presort©$Or;: MIN+I6 • limitL%1 iit 4. • /� •! .• •y •� ,�. .i •.i.. yti . 7� - 'eVe• eM . . • Aiiiiiiii, �r , IAS.. . . .,: - �� : f� ...,. r., STATEQP fitQ OA • .,. , • �, r. Qtirst``t`01= L . ^,.• 4„; } The foregoing instrument was acknowledged before me this t''f'�'day of mavc_—� -f? ••.t.�•,\•© •f !Ty of `tc.r'�"'�TAt--C:GY"1G' .t. t 2 ' a-8„ f f r?,::i: • v oo or tlart4. beharfof-co pont n, IaJsi1e .personaoilyknown` • tis rt> lias.:firocloett__ . .r, as.. • ident on:and •dk i:(did• take.an oath°: •: . . ;tuj►t.crmmr. ato[i. acptce '. 1 X12` 061I .�....: • X•OrH11AL.eEAI:) • • aryPt b Vie ot:. 1C -t �.►*r Notary Public Strata of Florida Maritza Aquiar My Commliabn GO 9455 Q • 'Rq terplrw fllOp/A0'21 . . • ... . .. . '. .. . : .. •• ' . ... • . . U •' 15..... ... . ' i. p' . • • r.; . . .. • ¢:.. • r,. •.. .. .. . tsa :$fir 2 .'Waal-020f , -r•': . rA, F OR 5488 PG 443 . .. .• • • . : I ATTEST:As Per Attached Power of Attorney SURETY: . . . • • • • PhitadelphixIndemnitt Insurance Company L. : • - 4P00:40-0; ;.,.. '. . . . .• One Rata Plaza ;.' • . f : ' . • .;Bala Cvninivd...PA. 190o4-opk0 r: ...gstipio#Attotetal .:, .. .. •••••• ,. - . - • 1., .') • '0101 --:$11011"--"" it'- '-"--.7—'---18) i - 4A4.1 / , -4,07 Withes.,es as to pe, (Prihted:Name) . • OR 0 ......, . . i. Dawn Ausoitz . . • JAVI*oft. • .~‘,..C21:. r. ",•T'71 aitte in Fact . • 11; .liktraCtiRAWOriLifA#6.fileY) - E'*-t;;;"40., 1-. .... •.- • i' .."'`• • f -..' ",:: . ! r T Satrift Attomey-irtF -t ::.N.ir br ". : ....e.., .• • .• i ,-: ,..„ i pi! ... .:7•••• • • 13..iyiel i • , mr • • :Matinea: .. . • 'Pd00.4103034.• 4 e-•• iol, : , • • • I.• . '."44% ' 44". ' : • ":4q1#-*&45.1:4•*iit...:....... ...••••:•-'4t,No:?: ' -'''' s .1 - ptiik,-2n2 ' .----.• •• • •• • • • .• -•.'C'.',•e"rrl' •..': I.: .. -• • •Viainflalie ki'ini.i." • ''.... . '....flEkiativefir. Adthets) • • • •• . . • • . . - •• • . . - '•• -qc16)..s17-380 .. • , •. . • . •• • • ;-::. - • 04h0'0IttW ,) • . ..: _ • • . ....-. -. • _., ATEADF Florida . . . . ... . . • ... .. • . kJ.. . . --:* • ' ' -c,oputinrOF .Miami-Dade .•..":........ili:".'•: .:•.'•-:.'::.' ::,. '-',... •.. ••••:-.7 . '4 • . . . i!:. • • ThefoegoinglOttpinetitvig(0000003#04*440110. Itiriktjj;a46#. March • . il ?.. • . ,••• Philadelphia ItylArnity•Insuri;nt.e:Oempapy. . ii.l,i;".•.:. • •. . : , . . t• - . ,.........•,..,aiCIS, ,.i,:: :::o•m*:A.;ip:-: ..l.o*-..i.•,..-. t.f4eha. v 5Ureaiw4 . psobFroucto r _ JNWi,._,koin,.,WKR04:0216 MuiBplrieApnl f . ..- .•: Ilth, 2018-• . .-!, ..... g-,....:-• ;...,a.-:.... • " - -•. .. ••, -: . ..•• .. . .• :. .i . . • - • • , . . 4. . . . - . .Ntifil*: D 0 --i a-, 'I • . . • . . .. . . . . . ... •... ....,1byPfltdp ..' • • . " ' '— . . .. .. . . . : OFFIX.'.-OFFP64:friek4) .. • •;..)A*040,,gigt.i.O.tatili:ajt Finricia • ...:::: • •- •'''.;0#1.1.61Ril ,. . • • 1 1....‹Fa ..,.1. ' DOREEN SHEARtN . - -• - • =NOTARY r , PUBLIC COMMISSION#FF110360 • • - .. • • iSTATE OF EXPIRES April 11,2018 ' • : (FLORIDA BONDED THROUGH • 'VIP' ALI INSURANCE COMPANY • • • . , .: . ... ': . '10 L C., I' •, . taliiinaiii4116)Takkirtittidi fkikliii.01120118 ':•;„f7.I • ::...: • • state of FLORIDA1r *** OR 5488 PG 444 *** county of collier • .• , I HEREBY CERTIFY THAT this is a true'. and correct copy .of 4 stocumer4 recr rded i n the OFFICIAL ItECORDS• bf Cd.11 i e r"bounty WITNESS my hand and t 'dal veal.. ,x date, 3/19/2018 : ,> i DWIGHT E. BROCK .CL ` 0• CI jUIT. COURT I;` BY: 1illams s'D.C. 167 O 4 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint Warren M.Alter,David T.Saline and Jonathan A.Bursevich of Alter Surety Group,Inc. its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognisances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$25.000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the le of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (I) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27Th DAY OF OCTOBER,2017. :40 .0+tq �1 27 (Seal) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 27"day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein descabed and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. caaaowrxmvFaewnwww wormvsraL "°'4"""upp10 Notary Public: y" QQ .....swiss r-MaascommyC wrco.aw.mca •s�.u.2021 4511111KIIRSiii0aRUMMIMIII residing at: Bala Cynwyd PA (Notary Seal) My commission expires: September 25.2021 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 27`"day of October,2017 are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this16 tllbey of March20 18 1 Edward Sayago,Corporate Secretary ta .�. r '. Mr,, ,,q PHILADELPHIA INDEMNITY INSURANCE COMPANY EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein,except such rights as they may have to the proceeds of such insurance. The Contractor and County shall,where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the 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. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17 Construction Services Agreement:Revised 022018 Should at any time the Contractor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverageLs1 and charge the Contractor for such coverages purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage purchased or the insurance company or companies used. The decision of the County to purchase such insurance coveragel shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work,the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s)shall be considered justification for the County to terminate any and all contracts. 18 Construction Services Agreement:Revised 022018 Collier County Florida INSURANCE AND BONDING REQUIREMENTS Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Compensation Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption.An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. ❑ Employer's Liability $ 1 OOO O00 `single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the $t_lOOO,;0#0 single limit per occurrence, $2,000,000 aggregate for current ISO form Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 5. ®Automobile Liability $ 1,0;00 Opp+',: Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as 0 Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not fess than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $gRailg43.Per claim&in the aggregate • • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence 0 Valuable Papers Insurance $ Per Occurrence 194.} Construction Services Agreement for Public Utilities:Revised 06152017 ❑ Cyber Liability $ Per Occurrence ❑Technology Errors&Omissions $ Per Occurrence 7. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® Thirty (30) Days Cancellation Notice required. 11/20/17-GG Consultant's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5)days of the award of this solicitation. Name of Firm Coastal Concrete Products LLC d.. Co._ al Site D to 01/18/18 Development ' ?.‘4,/ � Consultant Signature Print Name David E. Torres-Manager Insurance Agency Gulfshore Insurance Agent Name Greg Havemier Telephone Number 239.435.7106 2042. Construction Services Agreement for Public Utilities:Revised 06152017 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me,the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor') releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated ,20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns,that all charges for labor, materials,supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed,shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: Witness ITS: President DATE: Witness [Corporate Seal] 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) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.: 21 Construction Services Agreement:Revised 022018 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners(the OWNER)or Collier County Water-Sewer Owner's Project Bid No. Manager's Name: County's Division Name Project No. Submitted by Contractor Application Date: Representative: Name Contractor's Name& Payment Application No. Address: Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & $ Stored to Date: Retainage @1 0% $ Retainage @ 10%through [Insert $ through[Insert Date] date] Retainage @ % $ Less Retainage $ after[Insert date] Total Earned Less Retainage $ Less previous payment(s) Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time ok Completed to Date: Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,security interests and encumbrances(except such as covered by Bond acceptable to OWNER); (3)all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: I Signature: Date: 22 Construction Services Agreement:Revised 022018 ':EXHIBIT D(Continued) SCHEDULE OF VALUES '.Project Name: Project Number. • Date: i i • Period To i ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 10% % TOTAL NUMBER VALUE MATERIALS COMPLETED COMPLETE TO FINISH RETAINAGE RETNNAGE RETAINAGE PREVIOUS APPLICATIONS THIS &STORED (reduced tate) WITHHELD THRU DATE SINCE DATE PERIOD TO DATE TOTALS e Explanation for the two columns under Previous Applications:The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue cot ;into play.If this happens,all information up to the date of the%change in retainage is placed in the Thru Date column.Information after that date is placed in the Since Date column.This states :what has happened since the change in retainage. 23 Construction Services Agreement:Revised 022018 Exhibit D (Continued) Stored Materials Record Formula:A+ B -C- D= E A B C D E Invoice Previously Received Previously Installed Balance To Date Description Supplier Number Received This Period Installed This Period Install 24 Construction Services Agreement:Revised 022018 EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http://b'ccsp0l/SiteDirectory/ASD/Purchasing/Forms1/Forms/Default.aspx Change Order:Form Contracts: Change it: Purchase Order& Project#: Contractor/firm Name: Project Name: Project Manager Name Department: Qiginal Carkract,rinlork Cider Amount aigin.&BCC Approval Da :,Agenda Itern#' Current BCC Approved Amount Last BCC Approval Data:Agenda Item#_ Current Contract W oat Order Amount SAP Contract Erpirativn Date(Master) Calor Amount of this Change 401V/0! Total Change from CrgirmlAmount Revised ContractMIortc Order Total S 0.00 AflIVl0! Change from Current BCC Approved Amount Cumulative Changes 5 0.00 iiiU IV/0! Charzgefrom Current Amount Completion Date,Description of the Task(s)Change,and Rationale for the Change Notice to Proceed' it--- Approved I Dag Date Original pletion Dattel LastRevised #of Days Added I I Select Tasks i Add newtask(s) 0 Deletetask(s) O Changetasks)t Other{r o oar Provide a response to the fol lowing:1.}detailed and specific explanationlrationale of the requested change(s)to the tasks}and I or the additional days added(if requested):2.}why th i s change was not included in the anginal contract;a n d,3.j describe the impact if this change is not processed. Attach additional information from the Oe+fin Professional and/or Contractor if needed. Date: Prepared by: (Prot Manager Name and Depa,nett) Acceptance of this Mario Orcer shall constitute a modircalion to contract t work order identified above and will be sUbjent to all the same term-and crndionsascontained inthe contract::workorder indicated above,asfullyasif the the same acrestaedinthisacceptance.The .adjustment,if any,to the Conuact shall conatitule a full and final sett hent-Ad of any and all c aim s of the Contractor/Vendor/Consultant/ Design Prafeasiorral arising out of or related to the charge set forth herein,including claims for impact and delay costs. Accepted by: Dale: (Contractor J Vendor t Consultant!Design Professional and flame of Finn,if l.+r©jr�ta!pplicata�} Date: Approved by: (DesignProfssiorsal and Name of Firm,if project applicable) Approved by: Date: (Procurement Professional 25 Construction Services Agreement:Revised 022018 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJ ECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER,CONTRACTOR AND DESIGN PROFESSIONAL,and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 26 Construction Services Agreement:Revised 022018 RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: Type Name and Title 27 Construction Services Agreement:Revised 022018 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name&Title) By Design Professional: (Firm Name) (Signature) (Typed Name&Title) By Owner: (Department Name) (Signature) (Name&Title) 28 Construction Services Agreement:Revised 022018 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned,all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation,with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power, availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 29 Construction Services Agreement:Revised 022018 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the"Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three(3)calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 30 Construction Services Agreement:Revised 022018 limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty(30)days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing,the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner(which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 31 Construction Services Agreement:Revised 022018 stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent(10%) of the gross amount of each monthly payment request or ten percent(10%) of the portion thereof approved by the Project Manager for payment,whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%)completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's procurement ordinance and policies. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule,which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 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 contract.Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 32 Construction Services Agreement:Revised 022018 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing 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 by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner,whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 33 Construction Services Agreement:Revised 022018 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents(or in the provisions of any other direct contract with Owner for the Project)to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will 34 Construction Services Agreement:Revised 022018 record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute,Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 ,Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features 35 Construction Services Agreement:Revised 022018 (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 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. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all 36 Construction Services Agreement:Revised 022018 work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever,including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work 37 Construction Services Agreement:Revised 022018 Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed 38 Construction Services Agreement:Revised 022018 to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight(48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 13.2 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, Owner 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 Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 39 Construction Services Agreement:Revised 022018 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 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, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable,such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 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 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. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Contractors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/Contractor's proposal may be deemed non- responsive. 40 Construction Services Agreement:Revised 022018 Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the"Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.qov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of 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 and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 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. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner'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 Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor 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. Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 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. 41 Construction Services Agreement:Revised 022018 17.3 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. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1)fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule;or(3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or(7) allows any final judgment to stand against it unsatisfied for more than ten(10)days; or(8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or(10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s)within seven(7)calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application,and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor,materials,equipment,supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 42 Construction Services Agreement:Revised 022018 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event(i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen(14)days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120)consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work(or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion)is substantially complete.Within a reasonable time thereafter, Owner,Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager 43 Construction Services Agreement:Revised 022018 shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner,other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unlessotherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner 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 Substantial 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 Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 44 Construction Services Agreement:Revised 022018 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections,tests or approvals. 22.2 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 Project Manager 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 Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected,tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight(8)hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential 45 Construction Services Agreement:Revised 022018 costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question,furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective,or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto,take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall 46 Construction Services Agreement:Revised 022018 include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent,with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 'Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an 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 or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of 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 Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 47 Construction Services Agreement:Revised 022018 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment,the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein,whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable(collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, 48 Construction Services Agreement:Revised 022018 Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work,the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or 49 Construction Services Agreement:Revised 022018 Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way,the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards(DS),where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 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. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor,for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of 50 Construction Services Agreement:Revised 022018 the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified"as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses.All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner,all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of 51 Construction Services Agreement:Revised 022018 Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub- subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent,foreman and schedulers at all levels) must have been employed in a supervisory(leadership)capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work,the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable,shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 52 Construction Services Agreement:Revised 022018 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. 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 53 Construction Services Agreement:Revised 022018 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(c�collieroov.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. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. 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. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development.A"project"shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of$2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 &403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department(SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing/will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 54 Construction Services Agreement:Revised 022018 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat,clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. 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 Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner 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 Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner'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. 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. 55 Construction Services Agreement:Revised 022018 Client#: 67237 COACO6 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)3/15/2018 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 Emma Blanco,CPSR NAME: Gulfshore Insurance,Inc SWFL 239 659-8873 F'4X tA/c,No,Ext): (A/c,No): 239 2134803 4100 Goodlette Road N ADDRESS: EBlanco@Gulfshoreinsurance.com Naples, FL 34103 239 261-3646 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Amerisure Mutual Insurance Company INSUREDGreat American Insurance Company Coastal Concrete Products LLC INSURER B: p r 7742 Alico Rd INSURER C:Amensure Insurance Company Fort Myers,FL 33912-6021 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) UNITS A GENERAL LIABILITY X X GL20732670602 11/17/2017 11/17/2018 EACHOCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PAEMISESO(EaE ur encs) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 X BI/PD Ded:1,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE _$2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X 78-- LOC $ A AUTOMOBILE LIABILITY X X CA20732650602 11/17/2017 11/17/2018 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) B X UMBRELLA UAB X OCCUR X X SBE158033600 11/17/2017 11/17/2018 EACH OCCURRENCE $6,000,000 A EXCESS LIAB CLAIMS-MADE X X CU20732680502 11/17/2017 11/17/2018 AGGREGATE $6,000,000 DED X RETENTION$0 $ C WORKERS COMPENSATION X WC20732690501 11/17/2017 11/17/2018 X WC STATu- 0TH- AND EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? Y N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 A Leased/Rented IM20991750002 11/17/2017 11/17/2018 $400,000 Limit Equipment $2,500 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Collier County Board of County Commissioners are included as Additional Insured For any and work performed on behalf of Collier County on a primary and noncontributory basis with regards to General Liability only as required by written contract per form CG7048 0913, includes ongoing and completed operations,Waiver of Subrogation in favor of Additional Insured(s)per form CG7049 1109.Additional Insured in regards to Auto Liability only as required by written contract per form CA7171 0508, including Waiver of Subrogation. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East Naples, FL 34113 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 #S1251989/M1212526 BNC DESCRIPTIONS (Continued from Page 1) Waiver of Subrogation in regards to Workers Compensation only as required by written contract per form WC000313 0484.Umbrella Follows Form.30 Days Notice of Cancellation Clause. SAGITTA 25.3(2010/05) 2 of 2 #S1251989/M1212526 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART I Policy Number Agency Number Policy Effective Date GL 20732670702 0825463 11/17/2017 Policy Expiration Date Date Account Number 11/17/2018 11/29/2017 20048469 Named Insured Agency Issuing Company COASTAL CONCRETE PRODUCTS LLC GULFSHORE INSURANCE, INC. AMERISURE MUTUAL INSURANCE COMPANY 1. a. SECTION I1-WHO IS AN INSURED is amended to add as an additional insured any person or organization: (1) Whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business;or (2) Who is named as an additional insured under this policy on a certificate of insurance. b. The written contract,written agreement,or certificate of insurance must: (1) Require additional insured status for a time period during the term of this policy;and (2) Be executed prior to the"bodily injury","property damage",or"personal and advertising injury" leading to a claim under this policy. c. If. however: (1) "Your work"began under a letter of intent or work order;and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work;and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a)Own; (b) Rent; (c) Lease; or (d)Occupy; (2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily injury"or"property damage"occurring after: Includes copyrighted material of Insurance Services Office, Inc. CG 70 48 10 15 Pages 1 of 4 (a) All work to be performed by you or on your behalf for the additional insured(s)at the site of the covered operations is complete, including related materials, parts or equipment(other than service,maintenance or repairs); or (b) That portion of"your work"out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. (3) Completed operations coverage, but only if: (a) The written contract, written agreement,or certificate of insurance requires completed operations coverage or"your work"coverage;and (b) This coverage part provides coverage for"bodily injury"or"property damage"included within the"products-completed operations hazard". However,the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract, written agreement, or certificate of insurance: (1) Requires"arising out of"language; or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured—Owners, Lessees or Contractors—Scheduled Person Or Organization endorsement CG 20 10 10 01; or (b) Additional Insured—Owners, Lessees or Contractors—Completed Operations endorsement CG 20 37 10 01; then the phrase"caused, in whole or in part, by"in paragraph 2.a. above is replaced by"arising out of". c. If the written contract,written agreement. or certificate of insurance requires you to provide additional insured coverage to that person or organization by the use of: (1) Additional Insured—Owners, Lessees or Contractors—Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13; or (2) Additional Insured—Owners, Lessees or Contractors—Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13; or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the following: (a) Additional Insured—Owners, Lessees or Contractors—Scheduled Person Or Organization endorsement CG 20 10 without an edition date specified;or (b) Additional Insured—Owners, Lessees or Contractors—Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.a. above applies. d. Premises, as respects paragraph 2.a.(1)above, include common or public areas about such premises if so required in the written contract or written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b)or 2.a.(1)(c)above does not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement: (3) Certificate of insurance; or (4) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 4 CG 70 48 10 15 g. The insurance provided to the additional insured does not apply to"bodily injury". "property damage".or "personal and advertising injury"arising out of an architect's,engineer's,or surveyor's rendering of,or failure to render, any professional services.including but not limited to: (1) The preparing,approving, or failing to prepare or approve: (a) Maps; (b)Drawings; (c)Opinions; (d)Reports; (e)Surveys; (f)Change orders; (g)Design specifications;and (2) Supervisory, inspection,or engineering services. h. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4.Other Insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b. Excess; c.Contingent;or d.On any other basis; but if the written contract, written agreement,or certificate of insurance requires primary and non- contributory coverage,this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured,and we will not share with that other insurance. i. If the written contract,written agreement,or certificate of insurance as outlined above requires additional insured status by use of CG 20 10 11 85,then the coverage provided under this CG 70 48 endorsement does not apply except for paragraph 2.h.Other Insurance. Additional insured status is limited to that provided by CG 20 10 11 85 shown below and paragraph 2.h.Other Insurance shown above. ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS(FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract.Agreement,or Certificate of Insurance that the terms of CG 20 10 11 85 apply (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Includes copyrighted material of Insurance Services Office, Inc. CG 70 48 10 15 Pages 3 of 4 j. The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 4 CG 70 48 10 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided bythis endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is$ $350.00 1. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS-CANCELLATION, Paragraph A.2.is replaced by the following: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED SECTION II-LIABILITY COVERAGE A.1.WHO IS AN INSURED is amended by the addition of the following: d. Any organization you newly acquire or form, other than a partnership,joint venture or limited liability company,and over which you maintain ownership or a majority interest,will qualify as a Named Insured. However, (1) Coverage under this provision is afforded only until the end of the policy period; (2) Coverage does not apply to"accidents"or"loss"that occurred before you acquired or formed the organization;and (3) Coverage does not apply to an organization that is an"insured"under any other policy or would be an "insured" but for its termination or the exhausting of its limit of insurance. e. Any"employee"of yours using: (1) A covered"auto"you do not own, hire or borrow,or a covered"auto"not owned by the"employee"or a member of his or her household,while performing duties related to the conduct of your business or your personal affairs; or (2) An"auto"hired or rented under a contract or agreement in that"employee's"name,with your permission,while performing duties related to the conduct of your business. However,your "employee"does not qualify as an insured under this paragraph (2)while using a covered"auto" rented from you or from any member of the"employee's"household. f. Your members, if you are a limited liability company,while using a covered"auto"you do not own, hire, or borrow,while performing duties related to the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract,written agreement or permit,to provide insurance such as is afforded under this policy, but only with respect to your covered"autos". This provision does not apply: (1) Unless the written contractor agreement is executed or the permit is issued prior to the"bodily injury" or"property damage"; Includes copyrighted material of Insurance Services Office, Inc. CA 71 71 05 08 Page 1 of 6 (2) To any person or organization included as an insured by an endorsement or in the Declarations;or (3) To any lessor of"autos"unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The"auto"is leased without a driver;and (c) The lease had not expired. Leased"autos"covered under this provision will be considered covered"autos"you own and not covered "autos"you hire. h. Any legally incorporated organization or subsidiary in which you own more than 50% of the voting stock on the effective date of this endorsement. This provision does not apply to"bodily injury"or"property damage"for which an"insured"is also an insured under any other automobile policy or would be an insured under such a policy,but for its termination or the exhaustion of its limits of insurance, unless such policy was written to apply specifically in excess of this policy. 3. COVERAGE EXTENSIONS-SUPPLEMENTARY PAYMENTS Under SECTION II-LIABILITY COVERAGE,A.2.a.Supplementary Payments,paragraphs (2)and (4)are deleted and replaced with the following: (2) Up to$2500 for the cost of bail bonds(including bonds for related traffic law violations)required because of an"accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the"insured"at our request,including actual loss of earnings up to $500 a day because of time off from work. 4. AMENDED FELLOW EMPLOYEE EXCLUSION SECTION II-LIABILITY COVERAGE,B.EXCLUSIONS,paragraph 5.FELLOW EMPLOYEE is deleted and replaced by the following: "Bodily injury"to any fellow"employee"of the"insured"arising out of and in the course of the fellow "employee's"employment or while performing duties related to the conduct of your business.However,this exclusion does not apply to your"employees"that are officers or managers if the"bodily injury"results from the use of a covered"auto"you own, hire or borrow. Coverage is excess over any other collectible insurance. 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION III-PHYSICAL DAMAGE COVERAGE,A.COVERAGE,the following is added: If any of your owned covered"autos"are covered for Physical Damage,we will provide Physical Damage coverage to"autos"that you or your"employees"hire or borrow, under your name or the"employee's" name,for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered"auto"shown in the Declarations, Item Three, Schedule of Covered Autos You Own,or on any endorsements amending this schedule. B. Under SECTION III-PHYSICAL DAMAGE COVERAGE,A.4.COVERAGE EXTENSIONS,paragraph b. Loss of Use Expenses is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage,we will pay expenses for which an"insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision, only if the Declarations indicate that Comprehensive Coverage is provided for any covered"auto"; (2) Specified Causes of Loss,only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered"auto";or Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 6 CA 71 71 05 08 (3) Collision,only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However,the most we will pay for any expenses for loss of use is$30 per day,to a maximum of $2,000. C. Under SECTION IV—BUSINESS AUTO CONDITIONS, paragraph 5.b.Other Insurance is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage,the following are deemed to be covered"autos"you own: 1. Any covered"auto"you lease,hire, rent or borrow;and 2. Any covered"auto"hired or rented by your"employee"under a contract in that individual "employee's"name,with your permission,while performing duties related to the conduct of your business. However,any"auto"that is leased,hired, rented or borrowed with a driver is not a covered"auto",nor is any"auto"you hire from any of your"employees", partners(if you are a partnership),members(if you are a limited liability company),or members of their households. 6. LOAN OR LEASE GAP COVERAGE Under SECTION III-PHYSICAL DAMAGE COVERAGE,A.COVERAGE,the following is added: If a covered"auto"is owned or leased and if we provide Physical Damage Coverage on it,we will pay, in the event of a covered total"loss",any unpaid amount due on the lease or loan for a covered"auto", less: (a) The amount paid under the Physical Damage Coverage Section of the policy;and (b) Any: (1) Overdue lease or loan payments including penalties,interest or other charges resulting from overdue payments at the time of the"loss"; (2) Financial penalties imposed under a lease for excessive use,abnormal wear and tear or high mileage; (3) Costs for extended warranties,Credit Life Insurance,Health,Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by a lessor; and (5) Carry-over balances from previous loans or leases. 7. RENTAL REIMBURSEMENT SECTION III-PHYSICAL DAMAGE COVERAGE,A.COVERAGE, paragraph 4.Coverage Extensions is deleted and replaced by the following: 4. Coverage Extensions (a) We will pay up to$75 per day to a maximum of$2000 for transportation expense incurred by you because of covered"loss". We will pay only for those covered"autos"for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay for transportation expenses incurred during the period beginning 24 hours after the covered"loss" and ending, regardless of the policy's expiration,when the covered"auto"is returned to use or we pay for its"loss". This coverage is in addition to the otherwise applicable coverage you have on a covered"auto". No deductibles apply to this coverage. (b) This coverage does not apply while there is a spare or reserve"auto"available to you for your operation. Includes copyrighted material of Insurance Services Office, Inc. CA 71 71 05 08 Page 3 of 6 8. AIRBAG COVERAGE SECTION III-PHYSICAL DAMAGE,B.EXCLUSIONS, Paragraph 3. is deleted and replaced by the following: We will not pay for"loss"caused by or resulting from any of the following unless caused by other"loss"that is covered by this insurance: a. Wear and tear,freezing, mechanical or electrical breakdown. However,this exclusion does not include the discharge of an airbag. b. Blowouts,punctures or other road damage to tires. 9. GLASS REPAIR-WAIVER OF DEDUCTIBLE SECTION III-PHYSICAL DAMAGE COVERAGE,D.DEDUCTIBLE is amended to add the following: No deductible applies to glass damage. 10. COLLISION COVERAGE—WAIVER OF DEDUCTIBLE SECTION III-PHYSICAL DAMAGE COVERAGE,D.DEDUCTIBLE is amended to add the following: When there is a"loss"to your covered"auto"insured for Collision Coverage,no deductible will apply if the "loss"was caused by a collision with another"auto"insured by us. 11. KNOWLEDGE OF ACCIDENT SECTION IV-BUSINESS AUTO CONDITIONS,A.LOSS CONDITIONS,2.DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS,paragraph a. is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an"accident",claim,"suit"or"loss". Knowledge of an"accident",claim,"suit"or"loss"by your"employees"shall not,in itself,constitute knowledge to you unless one of your partners, executive officers,directors,managers,or members(if you are a limited Iiabilitycompany)has knowledge of the"accident",claim,"suit"or"loss". Notice should include: (1) How,when and where the"accident"or"loss"occurred; (2) The"insured's"name and address;and (3) To the extent possible,the names and addresses of any injured persons and witnesses. 12. TRANSFER OF RIGHTS(BLANKET WAIVER OF SUBROGATION) SECTION IV-BUSINESS AUTO CONDITIONS A.5.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is deleted and replaced by the following: If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another,those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after"accident"or"loss"to impair them. However,if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order,subject to a subsequent reduction in writing with customers whose customary contracts require a waiver,we waive any right of recovery we may have under this Coverage Form. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, B.GENERAL CONDITIONS,2.CONCEALMENT, MISREPRESENTATION OR FRAUD is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 6 CA 71 71 05 08 14. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SCHEDULE Description of Covered "Auto": Limit of Insurance Deductible $500 $250 A. Coverage 1. We will pay,with respect to a covered"auto"described in the above Schedule,for"loss"to any electronic equipment that receives or transmits audio,visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered"auto"at the time of the"loss"or the equipment is removable from a housing unit that is permanently installed in the covered"auto"at the time of"loss",and such equipment is designed to be solely operated by use of the power from the"auto's"electrical system,in or upon the covered"auto". 2. We will pay,with respect to a covered"auto"described in the above Schedule,for"loss"to any accessories used with the electronic equipment described in paragraph A.1.above. However,this does not include tapes, records or discs. B. Exclusions For purposes of this provision 14,the exclusions that apply to Physical Damage Coverage,except for the exclusion relating to Audio,Visual and Data Electronic Equipment,also apply to coverage provided by this endorsement. In addition,the following exclusions apply: We will not pay, under this endorsement,for either any electronic equipment or accessories used with such electronic equipment that is: 1. Necessary for the normal operation of the covered"auto"or the monitoring of the covered"auto's" operating system; or 2. Both: a. An integral part of the same unit housing any sound reproducing equipment designed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered"auto";and b. Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. 3. A device designed or used to detect speed measuring equipment such as radar or laser detectors or a jamming apparatus intended to elude or disrupt speed measurement equipment,whether permanently installed or temporarily mounted in or on the covered"auto". C. Limit of Insurance With respect to coverage under provision 14.of this endorsement,the Limit of Insurance provision of Physical Damage Coverage is replaced by the following: 1. The most we will pay for all"loss"to audio,visual or data electronic equipment and any accessories used with this equipment, as described in paragraph A.above, as a result of any one"accident", is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the"loss";or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality;or C. The amount shown in the Schedule. Includes copyrighted material of Insurance Services Office, Inc. CA71710508 Page5of6 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the"loss". 3. If a repair or replacement results in better than like kind or quality,we will not pay for the amount of betterment. D. Deductible 1. If"loss"to the audio,visual or data electronic equipment or accessories used with this equipment, as described in paragraph A. above, is the result of a"loss"to the covered"auto"under this Coverage Form's Comprehensive or Collision Coverage,then for each covered"auto"our obligation to pay for, repair, return or replace damaged or stolen property will be reduced bythe applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to"loss"to audio,visual or data electronic equipment caused by fire or lightning. 2. If"loss"to the audio,visual or data electronic equipment or accessories used with this equipment,as described in paragraph A.above, is the result of a"loss"to the covered"auto"under this Coverage Form's Specified Causes of Loss Coverage,then for each covered"auto"our obligation to pay for, repair, return or replace damaged or stolen property will be reduced bythe applicable deductible shown in the Schedule of this endorsement. 3. If"loss"occurs solely to the audio,visual or data electronic equipment or accessories used with this equipment,as described in paragraph A. above,then for each covered"auto"our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Schedule of this endorsement. 4. In the event that there is more than one applicable deductible,only the highest deductible will apply. In no event will more than one deductible apply. E. When This Provision Becomes Void This provision,AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE, is void if CA 99 60,Audio,Visual And Data Electronic Equipment Coverage,is attached to the policy. Includes copyrighted material of Insurance Services Office, Inc. Page 6 of 6 CA 71 71 05 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION I-COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. EXCLUSIONS, provisions 1.through 6. of this endorsement amend the policy as follows: 1. LIQUOR LIABILITY Exclusion c. Liquor Liability is deleted. 2. NONOWNED WATERCRAFT AND NONOWNED AIRCRAFT(HIRED, RENTED OR LOANED WITH PAID CREW) Exclusion g. Aircraft,Auto or Watercraft, paragraph(2) is deleted and replaced with the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; Exclusion g. Aircraft,Auto or Watercraft, paragraph (6) is added as follows: (6) An aircraft that you do not own that is: (a) Hired; (b) Rented;or (c) Loaned to you: with paid crew for a period of five (5)consecutive days or less. Paragraph (6)does not apply if the insured has any other insurance for"bodily injury or"property damage"liability for such aircraft, whether such other insurance is primary, excess, contingent or on any other basis. 3. PREMISES ALIENATED A. Exclusion j. Damage to Property, paragraph(2) is deleted. $ B. The following paragraph is also deleted from Exclusion j. Damage to Property: Paragraph (2)of this exclusion does not apply if the premises are your work"and were never occupied. rented or held for rental by you. 4. PROPERTY DAMAGE LIABILITY- ELEVATORS AND SIDETRACK AGREEMENTS A. Exclusion j. Damage to Property, paragraphs(3),(4),and(6) do not apply to the use of elevators. B. Exclusion k. Damage to Your Product does not apply to: 1. The use of elevators; or 2. Liability assumed under a sidetrack agreement. 5. PROPERTY DAMAGE LIABILITY -BORROWED EQUIPMENT A. Exclusion j. Damage to Property,paragraph (4)does not apply to"property damage"to borrowed equipment while at a jobsite and not being used to perform operations. Includes copyrighted material of Insurance Services Office. Inc. CG 70 49 11 09 Page 1 of 10 B. With respect to any one borrowed equipment item, provision 5.A.above does not apply to"property damage"that exceeds$25,000 per occurrence or$25,000 annual aggregate. 6. PRODUCT RECALL EXPENSE A. Exclusion n.Recall Of Products,Work Or Impaired Property does not apply to"product recall expenses"that you incur for the"covered recall"of"your product". This exception to the exclusion does not apply to"product recall expenses"resulting from: 1. Failure of any products to accomplish their intended purpose; 2. Breach of warranties of fitness,quality,durability or performance; 3. Loss of customer approval or any cost incurred to regain customer approval; 4. Redistribution or replacement of"your product",which has been recalled, by like products or substitutes; 5. Caprice or whim of the insured; 6. A condition likely to cause loss, about which any insured knew or had reason to know at the inception of this insurance; 7. Asbestos,including loss,damage or clean up resulting from asbestos or asbestos containing materials; 8. Recall of"your product(s)"that have no known or suspected defect solely because a known or suspected defect in another of"your product(s)"has been found. B. Under SECTION III—LIMITS OF INSURANCE, paragraph 3.is replaced in its entirety as follows and paragraph 8.is added: 3. The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of: a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY because of"bodily injury"and"property damage"included in the"products-completed operations hazard"and b. "Product recall expenses". 8. Subject to paragraph 5.above,$25,000 is the most we will pay for all"product recall expenses" arising out of the same defect or deficiency. The insurance afforded by provisions 1.through 6.of this endorsement is excess over any valid and collectible insurance(including any deductible)available to the insured whether primary,excess or contingent,and SECTION IV.,paragraph 4.Other Insurance is changed accordingly. 7. BLANKET CONTRACTUAL LIABILITY—RAILROADS When a written contract or written agreement requires Contractual Liability-Railroads,the definition of "insured contract"in Section V-Definitions is replaced by the following with respect to operations performed for, or affecting,a railroad: 9. "Insured Contract"means: a. A contract for a lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an"insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance,to indemnify a municipality,except in connection with work for a municipality; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 10 CG 70 49 11 09 II e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business(including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for"bodily injury"or"property damage"to a third person or organization.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1) That indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a) Preparing,approving or failing to prepare or approve maps, shop drawings, opinions, reports,surveys,field orders, change orders or drawings and specifications;or (b) Giving directions or instructions,or failing to give them; (2) Under which the insured, if an architect,engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1)above and supervisory, inspection,architectural or engineering activities. 8. CONTRACTUAL LIABILITY-PERSONAL AND ADVERTISING INJURY Under SECTION 1 -COVERAGE B.,paragraph 2. Exclusions, paragraph e.Contractual Liability is deleted. 9. SUPPLEMENTARY PAYMENTS Under SECTION I-SUPPLEMENTARY PAYMENTS-COVERAGES A AND B,paragraphs 1.b.and 1.d.are deleted and replaced with the following: b. Up to$2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. 10. BROADENED WHO IS AN INSURED SECTION II-WHO IS AN INSURED is deleted and replaced with the following: 1. If you are designated in the Declarations as: a. An individual,you and your spouse are insureds,but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture,you are an insured. Your members, your partners,and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company,you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds,but only with respect to their duties as your managers. d. An organization other than a partnership,joint venture or limited liability company,you are an insured. Your"executive officers"and directors are insureds,but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust,you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 11 09 Page 3 of 10 2. Each of the following is also an insured: a. Your"volunteer workers"only while performing duties related to the conduct of your business,or your"employees,"other than either your"executive officers,"(if you are an organization other than a partnership,joint venture or limited liability company) or your managers(if you are a limited liability company),but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However,none of these"employees"or"volunteer workers" are insured for: (1) "Bodily injury"or"personal and advertising injury": (a) To you,to your partners or members(if you are a partnership or joint venture),to your members(if you are a limited liability company),to a co-"employee"while in the course of his or her employment or performing duties related to the conduct of your business, or to your other"volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse,child, parent,brother or sister of that co-"employee"or"volunteer worker' as a consequence of paragraph(1)(a)above: (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs(1)(a)or(b)above;or (d) Arising out of his or her providing or failing to provide professional health care services except as provided in provision 11.of this endorsement. Paragraphs(1)(a),(1)(b)and(1)(c)above do not apply to your"employees"who are: (i) Managers; (ii) Supervisors; (iii) Directors;or (iv) Officers; with respect to"bodily injury"to a co-"employee". (2) "Property damage"to property: (a) Owned,occupied or used by; (b) Rented to, in the care,custody or control of, or over which physical control is being exercised for any purpose by you,any of your"employees,""volunteer workers",any partner or member(if you are a partnership or joint venture),or any member(if you are a limited liability company). b. Any person (other than your"employee"or"volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die,but only; (1) With respect to liability arising out of the maintenance or use of that property;and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50%of the voting stock in such subsidiaries as of the effective date of this policy. Includes copyrighted material of Insurance Services Office. Inc. Page 4 of 10 CG 70 49 11 09 If such subsidiaries are not shown in the Declarations,you must report them to us within 180 days of the inception of your original policy. f. (1) Any person or organization,other than an architect,engineer or surveyor, required to be named as an additional insured in a"work contract", letter of intent or work order. However, such person or organization shall be an additional insured only with respect to covered "bodily injury," "property damage."and"personal and advertising injury"arising out of"your work"under that "work contract", letter of intent or work order. (2) We will provide additional insured coverage to such person or organization only: (a) for a period of 30 days after the effective date of the applicable"work contract". letter of intent or work order;or (b) until the end of the policy term in effect at the inception of the applicable"work contract", letter of intent or work order; whichever is earlier. (3) Coverage provided under this paragraph f.is excess over any other valid and collectible insurance available to the additional insured whether primary,excess, contingent,or on any other basis unless the"work contract", letter of intent or work order requires this insurance be primary, in which case this insurance will be primary without contribution from such other insurance available to the additional insured. (4) This paragraph f.does not apply if form CG 70 48,Contractors Blanket Additional Insured Endorsement, is attached to the policy. g. Any person or organization to whom you are obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the maintenance or use of that part of any premises leased to you, including common or public areas about such premises if so required in the contract. However., no such person or organization is an insured with respect to: (1) Any"occurrence"that takes place after you cease to occupy those premises;or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. Any state or political subdivision but only as respects legal liability incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. However,no state or political subdivision is an insured with respect to: (1) "Bodily injury", "property damage", and"personal and advertising injury"arising out of operations performed for the state or municipality;or (2) "Bodily injury"or"property damage"included within the"products-completed operations hazard." i. Any person or organization who is the lessor of equipment leased to you to whom you are obligated by virtue of a written contact to provide insurance such as is afforded by this policy, but only with respect to their liability arising out of the maintenance, operation or use of such equipment by you or a subcontractor on your behalf with your permission and under your supervision. However, no such person or organization is an insured with respect to any"occurrence"that takes place after the equipment lease expires. j. Any architect,engineer,or surveyor engaged by you but only with respect to liability arising out of your premises or"your work." Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 11 09 Page 5 of 10 However, no architect,engineer, or surveyor is an insured with respect to"bodily injury,""property damage,"or"personal and advertising injury"arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing,approving,or failing to prepare or approve maps,drawings,opinions, reports, surveys,change orders,designs or specifications;or (2) Supervisory, inspection,or engineering services. This paragraph j. does not apply if form CG 70 48,Contractors Blanket Additional Insured Endorsement,is attached to the policy. k. Any manager,owner, lessor,mortgagee,assignee or receiver of premises, including land leased to you,but only with respect to liability arising out of the ownership,maintenance or use of that part of the premises or land leased to you. However, no such person or organization is an insured with respect to: (1) Any"occurrence"that takes place after you cease to occupy that premises,or cease to lease the land;or (2) Structural alteration, new construction or demolition operations performed by or on behalf of that person or organization. 3. Any organization you newly acquire or form, other than a partnership,joint venture or limited liability company and over which you maintain ownership or majority interest,will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded until the end of the policy period. b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before you acquired or formed the organization. c. Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. d. Coverage A does not apply to"product recall expense"arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 4. Any person or organization (referred to below as vendor)with whom you agreed, because of a written contract or agreement to provide insurance is an insured, but only with respect to"bodily injury"or "property damage"arising out of"your products"that are distributed or sold in the regular course of the vendor's business. However,no such person or organization is an insured with respect to: a. "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. b. Any express warranty unauthorized by you; c. Any physical or chemical change in"your product"made intentionally by the vendor; d. Repackaging,except when unpacked solely for the purpose of inspection,demonstration,testing,or the substitution of parts under instructions from the manufacturer,and then repackaged in the original container; e. Any failure to make such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of"your products"; f. Demonstration, installation, servicing or repair operations,except such operations performed at the vendor's premises in connection with the sale of"your product"; Includes copyrighted material of Insurance Services Office, Inc. Page 6 of 10 CG 70 4911 09 g. "Your products"which,after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. h. "Bodily injury"or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However,this exclusion does not apply to: (1) The exceptions contained in subparagraphs d.or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization from which you have acquired"your products",or any ingredient, part, or container, entering into, accompanying or containing"your products". No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 11. INCIDENTAL MALPRACTICE LIABILITY As respects provision 10., SECTION II-WHO IS AN INSURED, paragraph 2.a.(1)(d)does not apply to any nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical services, provided that you are not engaged in the business or occupation of providing such services,and your "employee"does not have any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Under SECTION III-LIMITS OF INSURANCE, provisions 12.through 14.of this endorsement amend the policy as follows: 12. AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to you. 13. INCREASED MEDICAL PAYMENTS LIMIT AND REPORTING PERIOD A. The requirement under SECTION I-COVERAGE C MEDICAL PAYMENTS that expenses be incurred and reported to us within one year of the date of the accident is changed to three years. B. SECTION III -LIMITS OF INSURANCE, paragraph 7.,the Medical Expense Limit, is subject to all of the terms of SECTION III-LIMITS OF INSURANCE and is the greater of: 1. $10,000; or 2. The amount shown in the Declarations for Medical Expense Limit. C. This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorsement. 14. DAMAGE TO PREMISES RENTED TO YOU—SPECIFIC PERILS A. The word fire is changed to "specific perils" where it appears in: 1. The last paragraph of SECTION I—COVERAGE A,paragraph 2. Exclusions; 2. SECTION IV, paragraph 4.b. Excess Insurance. B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the same event, whether such damage results from a "specific peril"or any combination of"specific perils." C. The Damage To Premises Rented To You Limit described in SECTION III- LIMITS OF INSURANCE, paragraph 6., is replaced by a new limit,which is the greater of: 1. $1,000,000; or Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 11 09 Page 7 of 10 2. The amount shown in the Declarations for Damage To Premises Rented To You Limit. D. This provision 14.does not apply if the Damage To Premises Rented To You Limit of SECTION I- COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement. Under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 15.through 17.of this endorsement amend the policy as follows: 15. KNOWLEDGE OF OCCURRENCE Under 2.Duties In The Event Of Occurrence,Offense,Claim,Or Suit,paragraph a.is deleted and replaced and paragraphs e.and f.are added as follows: a. You must see to it that we are notified as soon as practicable of an "occurrence"or an offense, regardless of the amount,which may result in a claim. Knowledge of an"occurrence"or an offense by your "employee(s)"shall not, in itself,constitute knowledge to you unless one of your partners, members. "executive officers",directors,or managers has knowledge of the"occurrence"or offense. To the extent possible, notice should include: (1) How,when and where the"occurrence"or offense took place; (2) The names and addresses of any injured persons and witnesses;and (3) The nature and location of any injury or damage arising out of the"occurrence"or offense. e. If you report an"occurrence"to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form,failure to report such an"occurrence"to us at the time of the"occurrence"shall not be deemed a violation of paragraphs a., b.,and c.above. However,you shall give written notice of this"occurrence"to us as soon you become aware that this"occurrence"may be a liability claim rather than a workers compensation claim. f. You must see to it that the following are done in the event of an actual or anticipated"covered recall"that may result in"product recall expense": (1) Give us prompt notice of any discovery or notification that"your product"must be withdrawn or recalled. Include a description of"your product"and the reason for the withdrawal or recall; (2) Cease any further release, shipment,consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under the insurance. 16. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6.Representations is deleted and replaced with the following: 6. Representations By accepting this policy,you agree: a. The statements in the Declarations are accurate and complete: b. Those statements are based upon representations you made to us; c. We have issued this policy in reliance upon your representations;and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. We will not deny coverage under this coverage part if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by the Coverage Form as soon as practicable after its discovery. However,this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. Includes copyrighted material of Insurance Services Office, Inc. Page 8 of 10 CG 70 49 11 09 17. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Paragraph 8.Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request. the insured will bring "suit" or transfer those rights to us and help us enforce them. However, if the insured has waived rights to recover through a written contract, or if"your work"was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 18. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Paragraph 2.b.of A.Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the following: b. 60 days before the effective date of the cancellation if we cancel for any other reason. Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9.When We Do Not Renew is deleted and replaced with the following: 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 19. MOBILE EQUIPMENT REDEFINED Under SECTION V-DEFINITIONS, paragraph 12. "Mobile equipment", paragraph f.(1)does not apply to self- propelled vehicles of less than 1,000 pounds gross vehicle weight. 20. DEFINITIONS 1. SECTION V—DEFINITIONS, paragraph 4."Coverage territory"is replaced by the following definition: "Coverage territory" means anywhere in the world with respect to liability arising out of"bodily injury." "property damage,"or"personal and advertising injury,"including"personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a settlement to which we agree or in a"suit"on the merits, in the United States of America (including its territories and possessions), Puerto Rico and Canada. 2. SECTION V—DEFINITIONS is amended by the addition of the following definitions: "Covered recall"means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in"your product"has resulted or will result in"bodily injury"or"property damage". "Product Recall expenses" mean only reasonable and necessary extra costs. which result from or are related to the recall or withdrawal of"your product"for: a. Telephone and telegraphic communication, radio or television announcements, computer time and newspaper advertising; b. Stationery, envelopes, production of announcements and postage or facsimiles; c. Remuneration paid to regular employees for necessary overtime or authorized travel expense: d. Temporary hiring by you or by agents designated by you of persons. other than your regular employees,to perform necessary tasks: Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 11 09 Page 9 of 10 e. Rental of necessary additional warehouse or storage space; f. Packaging of or transportation or shipping of defective products to the location you designate;and g. Disposal of"your products"that cannot be reused. Disposal expenses do not include: (1) Expenses that exceed the original cost of the materials incurred to manufacture or process such product;and (2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary to avoid"bodily injury"or"property damage". "Specific Perils"means fire;lightning; explosion;windstorm or hail;smoke; aircraft or vehicles;riot or civil commotion;vandalism; leakage from fire extinguishing equipment;weight of snow, ice or sleet;or"water damage". "Water damage"means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. "Work contract"means a written agreement between you and one or more parties for work to be performed by you or on your behalf. Includes copyrighted material of Insurance Services Office, Inc. Page 10 of 10 CG 70 49 11 09 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "Any person or organization required by written contract or certificate of insurance." "This endorsement is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas and Utah." "This endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287.150(6)of the Missouri Statues,a contractual provision purporting to waive subrogation rights is against public policy and void where one party to the contract is an employer in the construction group of code classifications" This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by WC 00 03 13 Hart Forms&serve (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance. Reader No.14-4888 LanceBarbara From: GonzalezGreily Sent: Thursday, March 15, 2018 12:57 PM To: LanceBarbara Subject: RE: Workers Comp Coverage Hi Barbara, This is fine.They have an umbrella for$6M for the coverage increases to$6,500,000.The Waiver of Subrogation clause is fine to. Respectfully, Greily Gonzalez, ARM Operations Coordinator Co lk '' Count Risk Management Division NOTE: Email Address Has Changed 3311 Tamaimi Trail E, Bldg D, Naples, FL 34112 Ph: 239.252.8914 Fax: 239.252.8048 From: LanceBarbara Sent:Thursday, March 15, 2018 12:46 PM To: GonzalezGreily<Greily.Gonzalez@colliercountyfl.gov> Subject: Workers Comp Coverage Hi Greily, Please take a look at the attached Insurance, specifically the Workers Comp. Contract requires$1M and the COI lists $5K with verbiage of"Waiver of Subrogation". Need some direction on whether the pages following the COI fulfill the Workers Comp requirements? Respectfully, Barbara Lance Procurement Technician Co r County Collier County Procurement Services Division 3295 Tamiami Trail East Naples, FL 34112 Phone: 239.252.8998 Please note new Email Address: Barbara.Lancecolliercountyfl.gov 1