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Agenda 07/10/2018 Item #16C 807/10/2018 EXECUTIVE SUMMARY Recommendation to award bid number 18-7368, “Collier Boulevard and Golden Gate Canal 36- inch Water Main Directional Drill,” Project Number 71010, which includes directional drilling a 36-inch water main under Golden Gate Canal to abandon the existing aerial water main crossing, to Quality Enterprises USA, Inc., in the amount of $728,970, and authorize the necessary budget amendment. OBJECTIVE: To meet demand, stay in compliance, and serve customers efficiently by providing a compliant and reliable potable water system to Collier County Water-Sewer District (CCWSD) customers. CONSIDERATIONS: The proposed scope of work for Project 71010, “Collier Boulevard and Golden Gate Canal 36-inch Water Main Directional Drill,” is consistent with the Capital Improvement Program (CIP) contained in the 2014 Water, Wastewater, Irrigation Quality Water, and Bulk Potable Water Master Plan/CIP Plan approved by the Board of County Commissioners (Board) on November 10, 2015 (Agenda Item 9C), as Appendix III of the 2015 AUIR/CIE. The project includes directional drilling a new 36-inch waterline under Golden Gate Canal just east of Collier Boulevard and north of City Gate Boulevard North. The proposed directional drill will connect to the existing 36-inch water main on both sides of the canal. The existing transmission water main leaving the South County Regional Water Treatment Plant (SCRWTP), traveling north and south, is Prestressed Concrete Cylinder Pipe (PCCP) installed in the late 1980’s. This existing 36-inch transmission water main traveling north of the SCRWTP crosses the Golden Gate Canal via an aerial crossing. The need for this project resulted from two November 2017 repairs to the 48-inch water main of the same PCCP material; one at the Collier Boulevard/City Gate Drive intersection and the other on the Collier Boulevard median (just south of the Interstate 75 overpass). During the repair work, the PCCP representative, Thompson Pipe Group, reviewed the 36-inch aerial crossing with Water Operations. After inspecting the pipe, Thompson Pipe Group’s opinion is that the pipe was showing signs of potential areas of failure and should be abandoned before any pipe failures occur. Thompson Pipe Group stated a likely reason for these potential failure areas was due to the pipe being exposed to the air and sun rather than being located underground. This existing 36-inch transmission water main provides water to the County customers from Pine Ridge Road to the north limits of Collier County along with the North County Regional Water Treatment Plant (NCRWTP). In the event of a water main break on this existing 36-inch aerial pipe, the NCRWTP could only provide water to this large area for only a brief period; especially now that Golden Gate City has been added to the County’s regional water system. PCCP pipe is a proprietary material that can only be installed and repaired by Thompson Pipe Group. Repairs are costly ($418,336 for the two repairs mentioned above) and subject to the availability of Thompson Pipe Group. For these reasons and because of Thompson Pipe Group’s recommendation, the existing 36-inch PCCP Golden Gate Canal aerial crossing is being abandoned and replaced proactively with this project. The condition of this asset is defined as “Red: Level 3 - Risked Compliance,” as reported to the Board at the October 1, 2013, Asset Assessment and Management Workshop. The County posted Invitation to Bid (ITB) 18-7368 for the “Collier Blvd & Golden Gate Canal 36-inch Water Main Directional Drill” on April 20, 2018. Staff e-mailed eighteen thousand four hundred-fifty (18,450) notices, ninety-one (91) potential proposers viewed the bid packages and the County received 16.C.8 Packet Pg. 1266 07/10/2018 eight (8) bids by the May 29th, 2018 closing date. Staff determined Coastal Concrete Products, LLC d/b/a Coastal Site Development to be unresponsive for not submitting a proper bid package. Another contractor, Structures, Inc., decided not to submit a Bid package (Attachments 1 & 2). Six (6) contractors were found to be responsive and responsible, with Quality Enterprises USA, Inc., being the lowest, responsive and responsible bidder as shown in the below chart. Company Name Total Project Cost (Base Bid - Bid Item 12B + Alt 1) Quality Enterprises USA, Inc. $ 728,970.00 Metro Equipment Service, Inc. $ 788,600.00 T B Landmark Construction, Inc. $ 859,369.00 Andrew Sitework, LLC $ 881,410.13 Haskins, Inc. $ 920,300.00 Douglas N. Higgins, Inc. $ 1,003,400.00 Coastal Concrete Products, LLC d/b/a Coastal Site Development Non-responsive Structures, Inc. No Bid The base and alternate bid received from Quality Enterprises is 13.7 percent less than the engi neer’s cost opinion. In its letter dated May 30, 2018, the design professional, Johnson Engineering, Inc., recommends awarding the contract to Quality Enterprises USA, Inc., who has a satisfactory performance and warranty record on previous, similar, utility-related projects (Attachment 3). The total project cost also incorporates an $80,000 allowance for owner-directed allowance for work related to unforeseen conditions including, but not limited to, conflicts with existing facilities not reflected in re cord drawings and modifications or repairs resulting from unforeseen utility work associated with this project. The price for any needed additional work will be negotiated prior to commencement in accordance with the county’s Procurement Ordinance and the terms of the agreement. FISCAL IMPACT: The source of funding is the Water User Fee Fund (412). A budget amendment is required from Old Lely Pipe Replacement Project 70197, Fund (412) in the amount of $700,000. The project is expected to be completed in 2018. Annual operating costs for this replacement water main are expected to remain the same or decrease. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: To award bid number 18-7368, “Collier Boulevard and Golden Gate Canal 36-inch Water Main Directional Drill,” Project Number 71010, to Quality Enterprises USA, Inc., in the amount of $728,970; authorize the necessary budget amendment; and, authorize the Chairman to sign and execute the attached agreement. Prepared By: Benjamin N. Bullert, P.E., Senior Project Manager, Public Utilities Engineering and Project Management Division 16.C.8 Packet Pg. 1267 07/10/2018 ATTACHMENT(S) 1. Attachment No 1 - 18-7368 Bid Tabulation (PDF) 2. Attachment No 2 - 18-7368 Bid Analysis (PDF) 3. Attachment No 3 - 18-7368 Bid Recommendation Letter (PDF) 4. Attachment No 4 - 18-7368 Notice of Recommended Award Executed (PDF) 5. [Linked] Attachment No 5 - 18-7368 Signed Construction Agreement (PDF) 16.C.8 Packet Pg. 1268 07/10/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.8 Doc ID: 6044 Item Summary: Recommendation to award bid number 18-7368, “Collier Boulevard and Golden Gate Canal 36-inch Water Main Directional Drill,” Project Number 71010, which includes directional drilling a 36-inch water main under Golden Gate Canal to abandon the existing aerial water main crossing, to Quality Enterprises USA, Inc., in the amount of $728,970, and authorize the necessary budget amendment. Meeting Date: 07/10/2018 Prepared by: Title: – Public Utilities Planning and Project Management Name: Benjamin Bullert 06/25/2018 10:47 AM Submitted by: Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management Name: Tom Chmelik 06/25/2018 10:47 AM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 06/25/2018 10:50 AM Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 06/25/2018 11:06 AM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 06/25/2018 11:10 AM Water Pamela Libby Additional Reviewer Completed 06/25/2018 11:12 AM Public Utilities Planning and Project Management Oscar Martinez Additional Reviewer Completed 06/25/2018 11:41 AM Procurement Services Barbara Lance Additional Reviewer Completed 06/25/2018 12:04 PM Procurement Services Swainson Hall Additional Reviewer Completed 06/25/2018 12:16 PM Procurement Services Ted Coyman Additional Reviewer Completed 06/25/2018 1:59 PM Water Steve Messner Additional Reviewer Completed 06/25/2018 2:11 PM Wastewater Beth Johnssen Additional Reviewer Completed 06/25/2018 5:08 PM Procurement Services Sandra Herrera Additional Reviewer Completed 06/26/2018 10:34 AM Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 06/26/2018 12:11 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 06/26/2018 1:11 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/26/2018 1:33 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/27/2018 8:08 AM 16.C.8 Packet Pg. 1269 07/10/2018 Office of Management and Budget Susan Usher Additional Reviewer Completed 06/27/2018 9:09 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/28/2018 5:10 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/02/2018 1:42 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM 16.C.8 Packet Pg. 1270 COLLIER COUNTY GOLDEN GATE 36" WATER MAIN DIRECTIONAL DRILL BID SCHEDULE - ADDENDUM #1 Project Manager : Benjamin Bullert Notices Sent:18,450 Procurement Strategist: Barbara Lance Bid Packages Downloaded:7 Submittals:8 ITEM #DESCRIPTION EST. QTY.UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 Mobilization/Demobilization 1 LS 82,300.00$ $82,300.00 70,000.00$ 70,000.00$ 65,400.00$ 65,400.00$ 45,480.43$ 45,480.43$ 85,000.00$ 85,000.00$ 55,000.00$ 55,000.00$ 90,000.00$ 90,000.00$ -$ 2 Maintenance of Traffic 1 LS 17,000.00$ $17,000.00 5,000.00$ 5,000.00$ 9,000.00$ 9,000.00$ 15,411.46$ 15,411.46$ 35,000.00$ 35,000.00$ 14,500.00$ 14,500.00$ 30,000.00$ 30,000.00$ -$ 3 Project Signs 1 LS 630.00$ $630.00 1,000.00$ 1,000.00$ 1,490.00$ 1,490.00$ 1,519.57$ 1,519.57$ 2,000.00$ 2,000.00$ 1,500.00$ 1,500.00$ 1,000.00$ 1,000.00$ -$ 4 Survey Layout & Record Drawings 1 LS 3,950.00$ $3,950.00 3,000.00$ 3,000.00$ 10,000.00$ 10,000.00$ 8,937.50$ 8,937.50$ 5,000.00$ 5,000.00$ 6,500.00$ 6,500.00$ 8,000.00$ 8,000.00$ -$ 5 Pre-Construction Video 1 LS 1,800.00$ $1,800.00 1,000.00$ 1,000.00$ 2,500.00$ 2,500.00$ 3,703.70$ 3,703.70$ 3,200.00$ 3,200.00$ 2,500.00$ 2,500.00$ 5,000.00$ 5,000.00$ -$ $105,680.00 80,000.00$ 88,390.00$ 75,052.66$ 130,200.00$ 80,000.00$ 134,000.00$ -$ ITEM #DESCRIPTION EST. QTY.UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 6 36" HDPE DR11 DIPS - Directional Drill (Installation Only)1 LS 297,500.00$ 297,500.00$ 400,000.00$ 400,000.00$ 385,319.00$ 385,319.00$ 417,503.92$ 417,503.92$ 395,000.00$ 395,000.00$ 420,000.00$ 420,000.00$ 476,000.00$ 476,000.00$ -$ 7 36" PVC DR18 - Open Cut (Installation Only)180 LF 325.00$ 58,500.00$ 500.00$ 90,000.00$ 490.00$ 88,200.00$ 83.31$ 14,995.80$ 115.00$ 20,700.00$ 265.00$ 47,700.00$ 320.00$ 57,600.00$ -$ 8 36" Gate Valve (Installation Only)3 EA 11,200.00$ 33,600.00$ 2,000.00$ 6,000.00$ 8,000.00$ 24,000.00$ 2,629.23$ 7,887.69$ 14,000.00$ 42,000.00$ 15,500.00$ 46,500.00$ 9,000.00$ 27,000.00$ -$ 9 Air Release Valve (Installation Only)2 EA 2,800.00$ 5,600.00$ 1,000.00$ 2,000.00$ 7,500.00$ 15,000.00$ 2,450.48$ 4,900.96$ 3,000.00$ 6,000.00$ 10,500.00$ 21,000.00$ 2,000.00$ 4,000.00$ -$ 10 Connect to Existing 36" Water Main 4 EA 22,000.00$ 88,000.00$ 10,000.00$ 40,000.00$ 20,000.00$ 80,000.00$ 54,768.46$ 219,073.84$ 21,000.00$ 84,000.00$ 24,500.00$ 98,000.00$ 26,000.00$ 104,000.00$ -$ 11 Leak Detection Device (Installation Only)1 EA 2,750.00$ 2,750.00$ 1,000.00$ 1,000.00$ 11,500.00$ 11,500.00$ 2,145.52$ 2,145.52$ 5,500.00$ 5,500.00$ 12,500.00$ 12,500.00$ 3,000.00$ 3,000.00$ -$ $485,950.00 539,000.00$ 604,019.00$ 666,507.73$ 553,200.00$ 645,700.00$ 671,600.00$ -$ ITEM #DESCRIPTION EST. QTY.UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 12 Abandon 36" Water Main (underground only) a Grout Existing Main 320 LF 75.00$ 24,000.00$ 35.00$ 11,200.00$ 53.00$ 16,960.00$ 58.48$ 18,713.60$ 65.00$ 20,800.00$ 95.00$ 30,400.00$ 60.00$ 19,200.00$ -$ b Remove Existing Main 90 LF 91.00$ 8,190.00$ 50.00$ 4,500.00$ 105.00$ 9,450.00$ 68.80$ 6,192.00$ 110.00$ 9,900.00$ 125.00$ 11,250.00$ 140.00$ 12,600.00$ -$ 13 General Restoration 1 LS 12,800.00$ 12,800.00$ 3,000.00$ 3,000.00$ 24,500.00$ 24,500.00$ 20,554.54$ 20,554.54$ 75,000.00$ 75,000.00$ 25,000.00$ 25,000.00$ 70,000.00$ 70,000.00$ -$ $44,990.00 18,700.00$ 50,910.00$ 45,460.14$ 105,700.00$ 66,650.00$ 101,800.00$ -$ ITEM #DESCRIPTION EST. QTY.UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 14 Allowance:Allowance for unforeseen conditions will be made at the appropriate contract price for time & materials, 1 $80,000.00 $80,000.00 $80,000.00 $80,000.00 $80,000.00 $80,000.00 $80,000.00 80,000.00$ $80,000.00 $80,000.00 $80,000.00 $80,000.00 $80,000.00 $80,000.00 $80,000.00 0 $105,680.00 $485,950.00 $44,990.00 $80,000.00 $716,620.00 UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 15 Abandon and Remove 36" Water Main 260 LF 79.00$ $20,540.00 290.00$ 75,400.00$ 175.00$ 45,500.00$ 79.16$ 20,581.60$ 235.00$ 61,100.00$ N/A 28,600.00$ $728,970.00 $788,600.00 $859,369.00 $881,410.13 $920,300.00 #VALUE!$1,003,400.00 -$ To use the alternate bid item 12b needs to be removed per addendum #2. Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Insurance and Bonding Requirements (Form 8) Conflict of Interest Affidavit (Form 9) Vendor Declaration Statement (Form 10) Immigration Affidavit Certification (Form 11) Vendor Substitute W-9 (Form 12) Bidders Checklist (Form 13) Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Douglas N. Higgins Structures (No Bid)Quality Enterprises Yes Yes SECTION 1: GENERAL Yes Yes Metro Equipment Service T B Landmark Andrew Sitework Haskins Coastal Concrete Products Yes Yes Yes Yes $130,200.00 $553,200.00 $105,700.00 $80,000.00 $869,100.00 $604,019.00 $50,910.00 $80,000.00 $823,319.00 $75,052.66 $666,507.73 $45,460.14 $80,000.00 $867,020.53 $88,390.00 $134,000.00 $671,600.00 $101,800.00 $80,000.00 $645,700.00 $66,650.00 $80,000.00 Yes Yes Yes Yes $0.00 Yes Yes Yes $987,400.00$872,350.00 $0.00 $0.00 $0.00 $80,000.00 Yes $80,000.00 Yes T B Landmark Andrew Sitework Yes Yes Yes Yes Yes SECTION 1: GENERAL SECTION 2: WATER MAIN IMPROVEMENTS SECTION 3: RESTORATION SECTION 4: ALLOWANCE Quality Enterprises Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes SECTION 1 GENERAL SUBTOTAL: SECTION 2 WATER MAIN IMPROVEMENTS SUBTOTAL: SECTION 2: WATER MAIN IMPROVEMENTS SECTION 3: RESTORATION SECTION 3 RESTORATION SUBTOTAL: SECTION 4 ALLOWANCE SUBTOTAL: SECTION 4: ALLOWANCE ALTERNATE BID ITEM PROJECT TOTAL(BASE BID + ALTERNATE - 12b): PROJECT TOTAL (BASE BID): SUMMARY Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes YesYes Yes Yes Yes Yes Metro Equipment Service Exhibit N - Contractors Key Personnel Assigned to the Project - (Form 2) Material Manufacturers (Form 3) List of Major Subcontractors (Form 4) $80,000.00 $539,000.00 $18,700.00 $80,000.00 $717,700.00 Addendum Alternate Bid Item Responsive Check: Haskins Coastal Concrete Products Douglas N. Higgins Structures (No Bid) Bid Response Form (Form 1) RESPONSIVE RESPONSIVE Statement of Experience of Bidder (Form 5) Trench Safety Act Acknowledgement (Form 6) Bid Bond (Form 7) Yes No Yes RESPONSIVE RESPONSIVE RESPONSIVE NON-RESPONSIVE RESPONSIVE Yes 5/31/2018 1 16.C.8.a Packet Pg. 1271 Attachment: Attachment No 1 - 18-7368 Bid Tabulation (6044 : Collier Blvd and Golden Gate Canal 36-inch $500,000.00 $600,000.00 $700,000.00 $800,000.00 $900,000.00 $1,000,000.00 $1,100,000.00 Eng Est Quality Enterprises Metro Equipment T B Landmark Const Andrew Sitework Haskins Douglas N Higgins Results for Bid 18-7368 Collier Blvd & Golden Gate Canal 36-inch Water Main Directional Drill KEY: Dashed Green- AVERAGE BID Dashed black- +/-1 std dev of avg bid 16.C.8.b Packet Pg. 1272 Attachment: Attachment No 2 - 18-7368 Bid Analysis (6044 : Collier Blvd and Golden Gate Canal 36-inch 2122 Johnson Street ■ Post Office Box 1550 ■ Fort Myers, Florida 33902-1550 (239) 334-0046 ■ Fax (239) 334-3661 SINCE 1946 May 30, 2018 Via Email Only: BenjaminBullert@colliergov.net Mr. Benjamin N. Bullert, P.E. Collier County Public Utilities - EPMD 3339 Tamiami Trail East, Suite 303 Naples, FL 34112-5361 RE: Bid Recommendation for Collier County 18-7368 Project: Collier Blvd & Golden Gate Canal 36-Inch Water Main Directional Drill Low Bidder: Quality Enterprises USA Dear Ben: The bid opening for the above-referenced project took place on Tuesday, May 29, 2018. Collier County provided the results of the bid opening to Johnson Engineering and we performed an evaluation of the results and our recommendation is contained herein. BIDDER TOTAL BASE BID BASE BID + ALTERNATE BID ITEM Quality Enterprises USA $716,620 $728,970 Metro Equipment Service $717,700 $788,600 T B Landmark $823,319 $859,369 Andrew Sitework $867,020.53 $881,410.13 Haskins $869.100 $920,300 Coastal Concrete Products $872,350 N/A Douglas N. Higgins $987,400 $1,003,400 Following the bid opening, Collier County prepared the enclosed Bid Tabulation Analysis, which includes an analysis for mathematical errors. No errors were discovered. For comparison purposes, Johnson Engineering provided Collier County with an Opinion of Probable Construction Cost for the Bid in the amount of $824,000 for the base bid and $844,500 for the base bid plus alternate bid item. It is our recommendation that the County use the total sum for the base bid, plus the alternate bid item, and remove item 12b from the base bid pursuant to Addendum #2. Based on this recommendation, the results show Quality Enterprises USA as the low bidder. 16.C.8.c Packet Pg. 1273 Attachment: Attachment No 3 - 18-7368 Bid Recommendation Letter (6044 : Collier Blvd and Golden Gate Canal 36-inch Water Main Directional Mr. Benjamin N. Bullert, P.E. Re: Collier County RFB# 18-7368 Low Bidder: Quality Enterprises USA May 30, 2018 Page 2 Based upon our review, the low bidder, Quality Enterprises USA, appears to be a reasonable and responsive bid. Subject to concurrence with the County’s Purchasing and Contracts Administration Division, we believe selection of Quality Enterprises USA by Collier County for the intended work contained within the bid documents would be an appropriate choice. Should you have any questions, or require additional information, please let me know. Very truly yours, Michael S. Dickey, P.E. Director of Utility Services MSD/ljb Enclosures 20149700-150 16.C.8.c Packet Pg. 1274 Attachment: Attachment No 3 - 18-7368 Bid Recommendation Letter (6044 : Collier Blvd and Golden Gate Canal 36-inch Water Main Directional 16.C.8.d Packet Pg. 1275 Attachment: Attachment No 4 - 18-7368 Notice of Recommended Award Executed (6044 : Collier Blvd and Golden Gate Canal 36-inch Water CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, <"Owner') hereby contracts with Quality Enterprises USA, Inc. ("Contractor") of 3494 Shearwater Street, Naples, Florida 341'17-84'14, a Corporation, authorized to do business In the States of Florida, to partorm all work ("Work") in connection with Collier Blvd &Golden Gate Canal 36 -Inch Water Main Directional Drill, Invitation to Bid No. 16-7368 ("P rojact"), as said Work Is set forth in the Plans and Specifications prepared by Johnson Engineering Inc., 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 7. 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 Dfredive 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 Docu mants" 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 se[ of the Contract Documents and the appropriate number of sats of the Construction Documents, signed and sealed by the Design Professional, as era reasonably necessary for permitting. Section 2. Scooa 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 pertorm and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful partormanoe 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 (h�eln "Contract Amount"), in accordance with the terms of this Agreement Seven Hundred Twenty -Eight Thousand, Nina Hundred and Seventy Dollars ($728,970.00) 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 Partormanca and Payment Bonds shall ba underwritten by a surety authorized to do business in the States of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the req uiremants 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 ba accessed via the web at www.fma trees cov/c570/c570. html#certified. Should the Contract Amount ba less than O 1 GQ' ConsVucllon Services AgraemanC Ravlsatl 022018 $500,000, the requirements of Section 267.0935, 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) calendardays thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 6. Contract Time and Liquidated Damages. A. Time of Pertormance. Time is of the essence In the pertormance 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 ba partormed at the Protect site prior to the Commencement Data. Any Work performed by Contractor prior to the Commencement Date shall be at the sola risk of Contractor. Contractor shall achieve Su bstantlal Completion within ninety (90) calendar days Trom the Commencement Data (herein "Contract Time"). The data of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professionalwhan 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 Pg reemant 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 falls to achieve Substantial Completion within the time specified above, as said lima may ba adjusted as provided for herein. In such event, the total amount of Owner's damages, will ba difficult, if not impossible, to deftnitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established harm n, Owner shall be entitled to assess, as liquidated damages, but not as a panaRy, One Thousand Fiva Hund rad Eighty -Four Dollars ($1,584.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion b reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall ba liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. Tha Protect shall ba deemed to be substantially completed on the data 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 ag res represents a fair and reasonable estimate of the Owner's actual damages at the lima of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Tlme Periods. When any period of time is referenced by days herein, It shall ba 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 �� ( V• /1 z Constmc[lon SaMces Agreement: Revised 022018 or Sunday or on a day made a legal Holiday by the law of the applicable jurisdiction, such day shall ba omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. O. 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 cou nt 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 sola 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 Contra ct 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 liabl¢ for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damag¢s 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 [he 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 extant Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Docum¢nts. 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 -7368 -Collier Blvd 8 Golden Gate Canal 36 - Inch Water Main Dir¢ctlonal Orill. Exhibit A-1: Contractors Bid Schedule Exhibit A-2: Contractor's Bld Submittal Farms and Addandurr�s Exhibit A-3: Contrador'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 Ory J a ConsrNUlon Services %9�eameMo Revlsatl 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 Tonns and Conditions � Applicable ®Not Applicable The following documents era expressly agreed to ba incorporated by reference and made a part of this Agreement for Solicitation 78 -7368 -Collier Blvd 8< Golden Gate Canal 36 -Inch Water Main lJiractlonal gill. The complete contract documents, including Addendum with attachments, era available on the County's on-line bidding system: httos�//www.bidsvnc.com/bidsvnc-cas/, which the parties agree comprise the final integrated ag reemant executed by the parties. Sections corresponding to any checked box (®)expressly apply to the terms of this Agreement and are available through the County's on-line bidding. QX Exhibit J: Technical Specifications Q Exhibit K: Permits ®Exhibit L: Standard Details ©Exhibit M: Plans and Spedfications prepared by Johnson Engineed ng Inc. and identifled as follows: Collier Boulevard 8 Golden Gate Canal 38•' Water Maln Directional Urlll as shown on Plan Sheets 7 through 7. Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall ba deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Public Utilities Engineering and Project Management 3339 Tamiami Trail East, Suite 303 Naplea, Florida 34'172-5367 Attn: Benjamin N. Bullart, P.E., Senior Project Manager Phone: 239-252-2583 Email: Beniam{n.Bullart�colliercountyfl.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: Quality Enterprises USA, Inc. 3494 Sh¢arwater Street Naples, Florida 347 7 7-64 7 4 Attn: Louis J. Gaudio, Viee President Phone: 239-435-200 Email: Lgaudio�geusa.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Sed:ton. Od J 4 Conairucllon Sarvlce8 AOreOmant Ravlsatl 022018 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 convict(on 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 ba 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. 287.0'17 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 ba valid or binding upon the parties unless in writing and executed by the party or parties Intended to ba bound by it. Section tD. Successors and Aaslans. Subject to other provisions hereof, the Agreement shall be binding upon and shall inures to the benefit of the successors and assigns of the parties to the Agreement. Section � �. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the States of Florida. Section 72. No Waiver The failure of the Owner to enforce at any time or for any period of time any one or mora of the provisions of the Agreement shall not ba construed to be and shall not ba a waiver of any such provision or provisions or of Its right thereafter to enforce each and every such provision. 3ectlon 13. Entire Aoraement. 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 pertormetl, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severe bility. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceabilky of any other section or part thereof. s Constmcllon SeMcac AgrnamenC Revisetl 02201 Section 75. Change Order Authorization The Project Man agar shall have the authorHy on behalf of the Owner to execute all Change Orders and Work Directive Changes tc the Agreement to The extant provided for under the Owner's procurement ordinance and polities and accompanying administrative procedures. Seetlon 7B. Construction. Any doubtful or ambiguous language contained in this Agreement shall not ba construed against the party who physically prepared this Agreement. Tha rule sometimes referred to as "fortius contra praferantum" (pursuant to which ambiguities In a contractual term which appears on its face to have bean inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the consruction of this Agreement. Section 17. Order of Precedence In the avant 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 farms 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 ba resolved by Imposing the mora strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. �,ra� 6 Cons�raC�inn S¢Mc¢s Ag raBm¢nL R¢visetl 022018 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO ITNESSES: Quality Enterprises USA, Inc. FIRST WITNESS �l 'N Louis J. Gaudio, Vice President Isa Carreras Print Na me SECOND WITNESS Marcie Cohen Print Name Date: ATTEST: Dwight E. Brock, Clerk BY: Approved as to Form and Legality: Assistant County Attorney Print Name Print Name and Title Date OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA fig Andy Solis, Esq. Date Chairman Construction Services Agreement: Revised 022018 0� EXHIBIT A-7: CONTRACTOR'S BIO SCH E�ULE (FOLLOWING TH13 PAGEI a pP� ConsVuctlon 3arv�cas AO�eemenC Ravleatl 0220TH #18-7368 Collier Blvd ffi Golden Gate Canal 36 -Inch Water Main Dir¢ctional Drtll BID SCHEDULE ;r� -� E X HI6IT A-2: CONTRACTOR'S BIO SUB MITfAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) .a s conatrvction scr•ncca Agr¢amanl: rzevlaea ozzot s Coffer Coulaty Email: Barbara.LanceQcolliercountyfl.8oy ANnONaOallva SeMcea lTNafon Telephone: (239) 252-8998 Prowreman<Sarvlcen Add¢ndum #1 Dat¢: May 16, 2018 � - - - - - - - - From. Barbara Lancs, Pracvrmnent Strategist To: Interested Bidders Snbj act: Addendum # 1 Solicitation # 18-9368 and Collier Boulevard � Golden Gata Canal 36 - Inch Water Main DirecHoxtal Drill The following c3ad£vcations ar issued ae a addendum identifying the following clarification to the scop¢ of work, changes, dele[ione, or additions to the original solicitation document £or the mferattced solicitation: Exhibit I Chaaa¢: "Exhibit I Supplem¢ninl Terms 8c Conditions" inadvertently included the Materials List which is included in "Exhibit J Technical SpeclficaHona (Addenda 1)". Hxhibit i has been removed. Clarification: CladfioaHona document titled "Bid Add¢ndnm Numb¢r Oae to liFQ 18-9368" hes been issued end attached to this solicitation. Bid Schedule Chance: New bid schedule titled "Exh1Mt A-1 18-9368 Bid Schedule (Addenda 1)^ has been issued and replaces the previous bid schedule titled "Y8-'1368 Bid Sc6¢dul¢". Chane¢ 4: Naw Technical Specifications tilc titled "Exhibit J Technical Speci[icetiona (Addenda 1)" has been issued and roplacas the previous Speci£tcation titled "Exhibtt J Techntcal Speciflcatlona". If you require additional information please post a question on our Bid Sync (www.bidsvn com) bidding platform under the solicitation £or this project. C: B Jamin Bullert 0�7 G�Oa/` CiOLtt'ft� F,maLL: Barbara.Lance@colliercounTyfl.gov AdminlstratNa SeMwa �INsion Telephone: (239) 252-8998 Proartement HeNWm Addendum #2 Dste: MaY 24, 2018 _ _ _ — _ - _ - - From: Barbara Leace, Procurement Strategist To: Interested Biddara Subject Add¢adum # 2: Solioi[atlon # 18-9368 and Collier Boulevard ffi Clolden Data Canal 36 - Each Water Mein Diroctional Drill The following c1aziP+cadons are issued as ea addendum identifying [he Following clarifioation to the scope o£ work, changes, deleNona, or additions to the original solicitation document £or the referenced solicitation: Clarlficatlon• Addendum 2 Cleri£ms the alternate bid item included on the bid schedule. "Bid Addendum Number Two to AFQ 1S -?368" has been issued and attached to this solicitation. Attachment• Illuatratea what the addendum ataros. Sea document "18-']368 Plan Bxhibit_Addendum 2" I£ you require additional information please poet a question on our Bid Sync ( b'd )bidding platform under the solicitation for this p fact. C: Be Jamin Bullert �V� C00Y �H a� Hmeil: Barbara.I.anceQcolliercountyfl.gov AdmlAstratlw 5eretcee olMaion Telephone: (239) 252-8998 ProwrBnwn! ServfOm Addendum #3 Date: May 25, 2018 - - - - From: Barbara Lanoe, Proourement Strategist To: Interested Bidders SubJ act: Addendum # 3: Solicitation # I8-9368 and Collier Boulevard Rc Golden Gale Canal 36 - Inch Water Main Directional Drill Tha following olari£rcadons aro iasuod as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the ref cad solicitation: Clarlfica[toa• Document titled "Bid Addendum Number Three to RFQ 18-9368" hes been issued and attached to this solicitation clarifying the pipe anaterial of the existing 36 -inch waterline that Contractors will comrect with the new waterline. If you ra��tre additional ittfonnation please post a question on our Bid Sync (www.bidavne.coml bidding platform under <he solicitation for this Project. C: Ba Jamin Bvllert QV7 Co1L�tjr �z+l'd2Y EmaH: Barbara.LanceQeolliarcountyfl.goy AdmintaVative SeMcea DiNefon Telephon¢: (239) 252-8998 mowrameme so��cm Addendum ft4 Date: May 25, 2018 From: Barbera Lance, Pmcvrement Strategist To: Interested Bidders Subf act: Addendum # 4: Solicitation # IS -9368 end Collier Boulevard 8c Golden Gata Canal 36- Trach Water Main Directional Drill Tha following olarificadons era issued as av addendum identifying the Following clarificatlon to the scope of work, changes, deletions, or additions to the original solicitation dowment £or the re£ewnced solicitation: Clarification• Clarification document titled "Bid Addendum Number Four to IiFQ 18-9368" has baso awed and attached to this solicitation regarding whether special Rttinga era supplied by Thompson Pipa Group. Chanes• The Solicitation end date lass been extended to Tuesday. Mav 29, 2018 at 3:00 pm. I£you require additional information please post a question on our Bid Sync (www.bida(�zyc coml bidding platform under the solicitation £or [his project. C: B Jamin Bullert �y ;� BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Collier Blvd bi Golden Ga[e Canal 36-incfi Water Main Directional Drill BID NO. 16-7368 Pull Nama of Bidtler O t o E 1 USA S Main Business Address 3494 Sh S N 1 FL 3411 �-8414 Placa of Business Telephone No. 239-435—]200 Paz No. 239 435 X202 Stats Contractor's License # CBCA C Stateof Florida Certificate of Authority Document Number F 000002ss Federal Tax Identl£vcation Number 54-094002 DUNS# 05099]386 CCR# x/w Cage Code nvniw To: BOARD OP COUNTY COMMLSSIONEI2S OF COLLIER COrJNTy, FLORIDA (hereinafter called the Owner) The uMcrsigned, as Bidder declares that the only person or parties interested iv this Bid as prirrcipals era those named herein, &tat fhie Bid is submitted without collusion with any other persoq form or corporation; that it has carofully fined the ioca[ion of the p[nposed Worty the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bitltler proposes, and agmen if this Bid is accepted, Biddec will czacut< the Agreement included Iv the Bidding Documents, [o provide all necessary macMnery, tools, appatatvs and other means of construction, including utuiTy end transportation seryiws necessary to do atl ch< Work, and furnish all the materials and equipment specified or ref rred to in the Contract Documents in the manner and time herein prescribed end accoNing to the requirements of the Owner as therein set forth, tarnish the Contractor's Donde and Inavmncc speci£ed in the General Contlitiovs of the Contracq and to do all other things required of the Contractor by the Contract Documents, and that it wal talcs full payment the sums set Eorth in the following Did Schedule: Unit prlcea shall ba provided kn no more than two dedmal polnta, and iv the ease where further decimnl pofnta re inadvertently provided, rounding ko two declmnl paints will be conducted by Procurement Services Division atnff. Collier IIlvd 6c Golden Gate Canal36-inch Water Maln Directlonnl DriLL 81d No. 18-9368 P au1 Moriarty Allison Murrell Personnel Cateeory Construction $upedn[onden[ Pr ject Manager F,''''"�.�'-r.,,,��a�.s�rz,�l ®• _ s'%e�is�tii!�'.�`,�'?'i�vdY"s -�tc;`�r�s' ,'tea -F P�,.�;' I T8I5 FORM MUST BE COMPLETED OR BID SDALL BE DEEMED All Bidders shall w� m by signatum that they will provide the manufacturers and mamrials outlined in tides Hid specifications, including compliance with Florida Statute 255.20 to provides lumbeq limbar and other £ores[ products produced and manufactured in the State of Florida as long as the price, £[Haas and quality are equal. Exceptiona(wh<n equals s captable) may be requested by c mpleting the Mnterial Manuf turcr Pxception List below. If an exception fora anuf rarer and/or material is propoacd end listed below and is vol approved by Engineer/Project Manager, Hidde shall famish thameaufacturcr-named in [ha speci£reaHon. Acceptance of [hies £orm does not conrtitutc aaroptanca of materiel proposed on [his list. Comphrta end sign section A (�$ H. Sectton A (Acceptance oY all manufactures and materials in Bid specifications) On behalf of my firm, I confirm elm[ we will use alt manufacturers and materials as epecitically outlined in [he Bid specificatims. Section H (Exception requested [o Hid speciflcatiens manufacturers and matw:als) I. 2. 3. 4. 5. Please insert additional pages as necessary. pV :7 ��'�l r��:`��r��e�+3'+:e�•ai��:�z_�7-�Y��S�� . 7as'47�Y;��'a3 THIS LIST MUST 86 COMPLETED OR BID MAY HE DEEMED Tha undersigned states that [he Following is a list of [he proposed subcontractors for Lha m jor camgories outlined in the requirements of the Hid speoiFcetione. Tha undersigned acknowladgea its responsibility for ensuring that the Subcon[rectore for the mglor categories listed herein aro ^qunli£aed^ (as dented In Ordinance 2019-08 and Section IS of Inatmctions [o Bidders) end meet all legal requirements applicable to and n�essitated by Lha Contract Documents, iaduding, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner rcaervcs the right ro disqualify any Bfdder who includes nen-compliant ornon-qualified Subcontractors in its bid offer. PurtMr, the Owner may direct the Succusfial Bidder to ramove/replacc any Subcovtmctor, at no additional cost to Ownaq which is found to ba non-compliant with this requirenroru either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrcea that promptly after the Award of Contrecq end in accordance wi[b [he requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors i[ intends [o use on the Project. Tfie undersigned further agroes that all Subcontractors subsegncntly iden[iRcd Eor any portion of work nn [his Project mus[ b< qualified as noted above. r. 4G , A � 4 r �. L __ hlecer wl 2. Mechanical 3. _ Plumb'n 4. S'4 Work 5. Identity other subcontractors [ha[ represent more [hen 10% ofprice or that affect the oritiaat eth of the schedule The >3idder is required to stets below what work of similar megN[ude completed within the les[ five (Sj years is a j udgc of iU experience, skill and business standing and of i[s ab31i[y w conduct the work as completely end as rapidly es required under the farms of t![e Agrcament. lmoerlsl Go1£Clu'b WatermaIn Naplaa� FL 2. Orchid Run Waterenain Naples. FL 3. Go oflland Watarmain 0o an r L 4. 5. G� Marls Sssnvalc. 239-207-1082 MSUNY Allyson Nolla[[d. 239-213-4713 AMHOLLAND@NAFLHSGOV.COM Justin Froderllcsen. 239-947-1144 J DE cw;3 Bidder acknowledges [ba[ included in the various items of [he bid and in the Total Bid Price are costa for complying with [he Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder ibrthcr idenH£es the cost [o be summarised below: Trench Safety Units of Unit Unit 8atended Sipy1 Measure Measure fOuantitvl f-n-st fDcscrintionl rt p,SYI '1- Al uv]n 'LF -4']f) $7_Ol] $] R90_00 2. 3. 4. 5. roTaL s Failure [o complete the above may result in [he Bid being declared non-responsive. Wharcaa, the Principal is about to aubmiq or h., aubmi[tetl m the Owner, a Bid £o+ ii.rniahing sit labor, materials, equipment aad Incidentals nccaasary to tbrnish, install: and thlly complete the Work on the Projaci ]mown as Bfd No. 18-Y368 Calllar Blvd � Golden Gate Cennl 36 -inch Wn[ar Meln Dtrecelonati Ddg. NOW, TIlS[tHFORB, ifthe Owner stall aaneptthc Bid ofthe PRINCIPAL aM the PRDQCIPAL shall ert[ar into [he required Agroemrnt with the Ownw and within tan days aRcr rho date oYa written Nodes of Award in accordance with the tarns ofsuch Bid, and give such bond or bonds in an amount of 100% the mtal Contract Amount as apaai£aed in tha Bidding Documents or ConRact Documevm with good a¢d autScimt atue[y for the fai[Ivfial pttformrmca of the Agraemen[ and £or the prompt payment of labor, materials and supplies furnished in thn prosecution [hereof or, in the ewm of the £ailurc oYthe PRINCB'AL to enter into soak Agreemrno or to give such bond or bonds, and deliver to Ownor the requirW certificates of Ivttrance, iP<he PRINI:'LPAL shall pay to the OHISOHB the fixed sem of $ 9%of Bta nomd above as liquidated daa�agae, and not as apettel[y, ea provided in aha Bitlding Documents, then this obligation shell be null and word, otherwise to remai¢ i¢ full force and ntfec[. IN TB3TIMONY Therwf, the Principal avd Suroty haves caused theso prcsan[a to be duly signed and sealed [Na 36M day of May ,10'19 , i9 Conntd Appoin Principal (Seal) Surety (Seal) Vpon notification that its Bid has bast awarded, the Successful Hiddcr wiLL azecnte the Agreement form attached <o the Biddin6 Documents within ton (10) calendar days aad dollver the Svrery Hrnvd orBOMs and Insurance Certiticetes ea requve6 by the Covtraot Documents. Ther bid security attached is to bacons the property of the Owner in [ha event the Agreemenq Inaurenae Certificates end Honda ere not azecutad avd deliverctl to Owrwr within the time above set foNh, ea Ilquldated damages, for the delay and additional exprnae [o the Ownery i[ being recognized that, sirtae time is of [he asaanw, Owner will suffer Fnancisl loss if [ha Successful Bidder Fails to execute and deliver to Owner the required Agreement htaumnce Certificates and Honda within the required rima period. In tlu event ofsuch fnllure, the rami amount of Owner's damages, will be diRlcult, ifno[ imposafble, to definitely awmtain and quantify. It ie hereby agreed Chat i[ Is appropriate and fair Chat OW¢er recClve Ilquitlatod damagoa from the SuccaeSful Bidder in [he event it fails tv axecuta and deliver the Agreement, Insurance Certi Ficatee, and Bonds as required hereunder. The Successful Bidder hereby expressly waives antl aclinquishes any right which it may kava to seek m chemctedza the above notetl liquidamd damagoa es a penalty, which the punas agree represents a fnir antl reasonable esdmem of Ovnver'a sews[ tlamages at the rima of bidding if [he Suceeaetul 8idda' fails to execute end deliver the Agtxemeng Insurance Certtticetca, end Hontls in a timely ma¢rwr. Upon receipt oY the slgnetl and approved agreement and Yurcitasc Order, the undersigned propoaas to commrncc work et the sttc within five (5) caleatlar days From the commencement dale 4ipulated in the writtrn Notice to Proceed unless the P jeer Manageq to writing, subsequently no[iffes [he Contractor oY a motliRed (later) c ea[ date. The undersigned fbtther agrees to substantieity c mpleta all work c reA by this Hid wikMn NMety (9D) c ncuLive calendar days, c mpu[ed by exdnding the ant date and including the last day ofsuch period, and [o be fully complemd to the point of E.nal acceptance by the Ow¢u' w'Ahlae Titlrty (3D) a cutiva calender dnys attar Substantial Completion, c mpu[ed by excluding commencement dam aad inaWding the lest day ofsuch period. Od7 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MHN BY TI-IH3H PRESHNTS: That the ZURICH AMEI22CA1 York, Ne COLONIAL A.VIEIOCAN CASUALTY AND SURETY COMPA AND DEPOSIT COMPANY OP MARYLAND a corporation of the State MICHAEL BOND, Vice President, in pursuance of authority gan[ed by . set forth on Phe r aide hereof and are hereby cettiHed to be in rtstim[e, end appoint MUR C. RUNDY, Tammy A. WARD, Teml K. 3T Virginia Heach, Vfrginla, EACB its tme end IawPul agent vntl Attorney -i tveey, end M its act atW decd: any end ell bonder and nnaertawnga, m Neac presents, shall be as-bitW Ng upon sold Companies, es fully and amply,' acknowledged by the regularly elected ofilcera YEae ZURSCIiTMHRICF York., the regularly electetl officers of [he COLOMAL. AMERICAN CAI Mille. Maryland., and the rcgulw\y W ectad of5cers of thn PIDHLI"I'Y AND I Milia, Maryland., in their own proper persona. B2ANCH COMPANY, a corpomt[on of the Smte o£New :orporallon of Nc State oFMaryland, atW Ne PIDBLITY rylmd (harem collectively oellcd tm "Companies"), by V, Section B. o£ the By -Laws of said Compentea, which e nntl eDbct on tna date herw£, do heroby n vete, IAND, Daniol S. GRYGO and Kathryn SNELL, all o£ to mnlcq exeenm, seal and aeiiver, for, end on its behalf �cation of such bonds or vndertakings in punttanea of enm ane. pnrlaoaea. as ifNey nae mer. anir e><eaBtaa ane UR?1DJCH COMPANY at ffi oYlice in Naw York, New Y AND 3URHTY COMPANY at iter of8cc in OvWogs IT COMPANY OF MARYLAND at its office 3n Owlvgs Ther Baia Vice Prositlent deer hereby wtfify that the mctrntt sat fottn on the reverse side hereof is a true copy of Arlide V, Secaen 8, of Lha By -Laws oYsaid Companies, and 3a now iv IDra. IN Wl'INEEB WHEREOF, the said Vico-Prcaident has hercunm subscribed his/her Hamas sad off ed the Corporate Seela of the sLLd ZLJR[CH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FR)ELTTY AND DEPOSIT G'OMPANY OF MARYLAND, five 26tH day of Jnne, A.D. 201 ]. ATTEST: By Secrerd.y Michpat McKibben ZV R1Ctl AMERICAN AISURANCE COMPANY COLONNL AMERICAN CASUAL'l'V AND S[)RETY COMPANY FPDELI't'Y AND DETOSIT COMPANY OF MARYLAND ```yyJnnnraaaue� �.a �� _- d. C��C Vtce Psnatdant Mlnhaet Bond State of MwylantlFOR YOUR PROTEGTIONr County of Baltimore LOOK POR THE ZURICH WATERMARK On this 2Gth day of lung A.D. 201], hefare the subewibey a Notary Pnblic of the S[xc of Marylanq duly commissimteal and quelifled, MICHAEL BOND, Ylce Pre+tdenq wad MICHAEL MCKBDEN, Seerxmry, oYtire Companion, m me personally known to be thv individuals eM otfieers described in and who ewcutW the pmcading instrnmen; and eoknawledged the emcu[iun oFxemq and being by me tluly awom, tlepoaetM1 end saiN. Nat he/she is the said otFioa oP the Company aNresaid, end Na[ the scala a�xetl to the preceding lnswment are [ho Corporate Seals oYseitl Compeniea, end rlmt the saitl Corporate Saab entl the aignamro ea euoM1 officer were duly affixetl antl subscribed [o the aeitl inxo-ument by the autharlly end diraUion of the said Corpomtione. IN TE$]'fMONY WHP.RPOP, i have herounb sot my hand and affxatl my O1Pcia1 Seal [tw Jny and yew Brat vbove written. /"mow-r)/1� // k'F4�� CanS[Mce A Durar, Notary PYblle My Commlanlnn hXpirea: Jnty 9, 20 t9 POA -F 19B-38t4A O Od7 EXTRACT FROM BY-LAWS OF THE COMPANIES •Article V, Section 8, Attamays-ln-Face The Chief Executive OPflcer, Che President. or any Executive Vice Prosident or Vice President may, by written Inshvment antler the attertctl corporate seal, appoint attorneys-in-%ct with euthoaty to a cute bonds, polloies, ecognizances, stipulations, untlertakings, o o%o tike inrtmmwtta on behalf v£ the Company, end may ew[horim any offioer o arty suaM1 attorney -in -f t m af£ax the oorporota seal thcmm; antl may wt% or without cause motlity oP revoke any such epPointment or euthoriry et any time." CERTIFICATE [, the undersigned, Vice President of %e ZURICH AMERICAN INSURANCE COMPANY, the COLONL4L AMERICAN CASUALTY AND SURETY COMPANY, antl the PIDI:LITY ANU DBPOSff COMPANY OP MARYLAND, de hereby cwtltY that <he foregotng POWer of Attorney is still in full force and cffx[ on the date of this certtEcatq and I do lintfier certity [het AKiele V, Section 8, of the By -Laws of [he Companies is still in ibrce. This Power oY Atmrnry and Certificate mvy be signed by %csimila utWer and by authority of the Following rosolution of the Board aP U[rec[ors oP [M1e ZURICH AMERICAN MSURANCE COMPANY at v meeHnB duly called and held on the 15th day of Decembnr 1998. RESOLVED: "That the signemre of rhe Prositlent ora Vice Pcesitlent and the attesting sigvahve oPa Secretary or an Assiamnt Smrotery and tfie Seel of the Company may be sYYixetl by %csimila on any Power of Attomey._Any sack Pourer dr any ceniflcflte thereof bearing such f ximila signature end seal shall he valid and binding on the Company." This Power of Attorney and CartiFcate may be signed by %csimila under antl by authority of the following reaoludon of the Board oP Directors o[ Me COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY ut a mating duly celled end heltl an the 5th day of May, 1999, and the following resolution pF the Board of Directors of the FIDELITY AND DBPOgLT COMPANY OP MARYLAND et a meeting duly called end heltl on the l0[h day of Mey, 1990. RESOLVED: "That the facsimile or mechanically ropmduced seal of the company end %csimila or mechanically reprotluced signature of any Vice -President. Secro[ary, or Assistant 3ecretery of the Company, whether made harem%re or hareaReq wherever flppauing upon a certiRed copy of any power of attorney Issuetl by the Company, shall be valid end bindtng upon the Company with clue same torte antl effect es [hough manually atYixed. IN TESTIMONY WFIeREOP, I have hereunto subscribed my name end efHxetl [he corporate seals of the said Companies, th'�Grr tlaY of�201N . a 88 LA � ��_ � �� David MCV icl<er, Vice President TO REPORT A CLAM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUDiED INFORMATION TO: Zurich American Insurance Co. Attm Surety Claims 1299 Zm�ich Way Schaumburg, IL 60196-1056 Respectful) Sy ubmitted: State of vi nri rte Countyof_ Collier Louis J. Gaudio , 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. Louis J. Gaudio o , 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. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Virginia , which operates under the legal name of Quality Enterprises USA, Inc. and the full names of its officers are as follows: President Unwnrd T. Murrell Secretary Stacey L: Murrell Treasurer Manager The ---is-a--uthKized to sign constructs r s an contracts for the com an by action of its Board of D' ctors ken a certified y of which is her o attached e out t . astsentence if not ap icable). (b) Co -Partnership The Bidder is a co -partnership consisting of individual partners whose full names are as follows: The co -partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is trade name is and if operating under a trade name, said Complete for information contained in (a) Corporation, (b) Co -Partnership or (c) Individual from previous page. DATED 05/25/18 Quality Enteprises USA, Inc. Legal Entity BY: Lmiis J Ga„rlin ,A�itn ss- rreras Name of Bidder (Typed -� Witness Marga to Negron Signature �` Vice President STATE OF Florida Title 3494 Shearwater S't'reet COUNTY OF CnlliPr Naples, FL 34117-8414 The foregoing instrument was acknowledged before me this 25 day of May 2018 , by Louis J. Gaudio , as Vice President of Quality Enterprises USA, Incr.a Virginia corporation, on behalf of the corporation. He/she is personally known to' me or has produced N/A - Known ps ide if o and did (did not) take an oath. My Commission Expires: 2/11/22 (Signature of Notary) NAME: Marcie L. Cohen (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of F1 ori d a < � •. MARCIE L, WHEN t MY COMMISSION # GG 152066 EXPIRES; February 11, 2022 F(c° '' Bonded Thor Notary Public Ur*rwrMts CoiL�er Cottxty AWrtlnlsQatlw seMces Deperbnerrt wmmmentsomms oiww,. FORM 9 - COtvPLi C1' OP ZNTCRESI' ARPIOAYST The Vendor certifies that, to the beat of its knowledge and belief, the past and current work on any Collier County pr feet affiliated with this solicitation does not post an organizational conflict as described by one of the three categories below: Biased ground rules—The firm bns not set ihe'•groamd rotes' for affiliated pas[ or curtant Collier County project identified above (e.g., riling s procuremenPs statement o£ work, speciFicadoru, or performing systema rngineering and [enhnical direction for the procurement) which appears to skew the comped ion In favor o{my firm. Impatrad objectivity —The Srm has rat performed -work on an affiliated pest or torten[ Collier County pr Jcct idemified above [o evaluate proposals /pas[ performance of ileal{or a compUitop which calls into question the comrxctor's ability to render impartial advice to tho govermnent. Unequal x e to lnformadon—The frm bas not hada s to nonpublic information as part of its performance of a Collier County pr ject idenflfied above which may have provided the contranmr (or an affiliate) with an unfair competitive advantage in current or fhture solicimfions and contracts. in addition to this signed affidavit, the cwtractor /vendor must provide the following: 1. All documents produced es a result of the work completed in the past or currently being worked on for tlu above mentioned projecq and, 2. $dice[¢ iF [he information produced was obtained as a matter oP vublic re ord (in the "sunshine") or through non-public (vol in the ••sunshine") conversation (s), maeting(s), documents) and/or other means. Pailurc [o disclose all material or having an orgatdzatienal conflict in one or mora o£ the elves categories above be identified, may result in the disqualification for ffimm solicitations affiliated with the above referenecd project(s). By the signature below, [he firm <employees, officers and/or agents) wrtifics, and hereby discloses, that, to [iw best of their Imowledge and belie£ all relwant facts concerning pas[, preaenq or currently plamacd intvest or activity (financial, contractual, organizational, or otherwise) which rolatcs to the p )x[ identified above has bean fully disclosed end does not pose an orgaxdzational cordlict. Firm: ouaiity Entarorisae USA. Inc. Signature and Dale: —�� 05 / 25 / 18 - Prha[Nam« Lotaie J. Gaudio- Title of Signatory: va.,e pea♦dnrr CoYL�er Couxty na pnl�aaavatlsarnca: txpan,oat semen. onnea. FORM 10- VENDOR DL„CLARATtON 3TATEN[ENT BOARD OF COISNI'Y COMMISSIC Collier County Ooverelrnrnt Complex Naplca, Florida 34112 Dear Commissioners: The undersigned, es Vendor dedares that this response Is made without cotmeetion or arrangement with any other person and [his pcoposal is in every mepect fair and made [n 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 establiakdng e formal contractual relntionshtp between tlw firm and Colder County, for the perfortnance o£ all rcquircmenta to which the solicitation pertain. The Vendor states that [he submitted is based upon the documents listed by the above referenced Solicitation. Farther, the endor agrees Shat If awardetl a contract for these goods nnrLar servtco, [ha vendor w:u no[ be eltgiblo M campetq aubmlt a propoeah be awarded, or perform as ssub-vendor for any future asaoc[nted witb worK [ha[L vreault of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 25 day of May . 2018in the County of Collier . in the State of Florida Pirm's Legal Name: O li E 1 USA I Addrosa: 3494 Shearwater StreeC City, State, Zip Code: Napleee Florida 3411]-8414 Florida Certificate of F95000002550 Authority Document Number Pederal Tax 54-0947002 Idrntification Number 'aCCR # or CAQE Code OXMZ 7 *ONy i£ Orant Funded Telephone: — Signatvm by: (Typed and written) Louie J. Gaudio Title: Vlca Preeideur Additional Con[net [nformaHon Send payments to: (roquircd if diFEaront ttom Company name used es payce above) Contacc name: Tide: Address: City, Statq 2.LP Telephone: - Email: Office servicing Colter Couaaty to place orders (rcquircd if different from above) Contact name. Title: Aaaroaa: city. state, zm Telephone: Email: Secondary Contact for this Solicitation: Email: Phone: a 0 CoY�exF- Coxxty Adr�n�tv�aw.`a� sa .ice oar,°�:w � PORM 11- IMNIiGRATION APPInAV1T CERTiF[CATION This Affidavit is required and should be signed, notarized by an authorized principal ofthe [ivnaM submitted with formal submittals. Purthaq Vendrn�s ere required to evrotl in the E -Verify program, and Provide ameptable av:denca of Chair an Cha time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly complete Company Profits pages or a copy of Cha fully executed H -Verity Memorandum ofUndernanding for [he oompany. gpllu � Collier County will not intentionally award County contracts [o any Vendor who knowingly employs unauthorized alien workers, rutituting a violation of [he employment provision contained iv 8 U.S.C. Section 1324 a(e) Section 294A(e) of the Immigration end NaHonelity Act ("INA"). Coll:er County may eonsider[hn employment by any Vendoc oFunauthorized aliens aviolation of Section 2T4A (o)ofthe INA. Svch Viotwdon by the rmipient o£ Cha Hmployman[ Provisions contained in Section 294A (c) of [he INA shall be grounds for unitate rel te[minatiov of the contmet by Collier Couvty. Vendor attests that they ere flrlly compliant with all eppilcable Immigration laws (specifically m Cha 1986 Imm:gation Act end subsequavt Amendment(sp and agrees to comply with the provisions of the Memorandum of Understendin8 with E -Notify and to provide proofofenrollment in The Employmrn[ Eligibility Vedficadon System (E -Verify), opwated by the Department oFHomelaad Security in partnership with the Social Security Adminiafmtion at Cha rima of submission of rtes Vendor's proposal. Company Name Q� li E i USA Inc. Print Name Londa J_ Gaudio Tithe Vice Praad.dant Signature � Date 05/25/18 State of xlnoida County of Co111er The signee oFthcsc Affidavit guarantees, as evidenced by <he sworn affidavit required herein, the truth and accuracy of this off idavt[ to interrogatories ncreinaftnr made. Commission Nv.: GG 152066 ��tY'h°�"iy�.s MARCIELCOHEN MV COMMI9910N C DO 162088 ;3 � E%PIRE9: Fabruery ll, 2022 '.R,. �` 9onEstl Thry No PUE1b VMwwNlpn a`� 0 C Coraxty FORM 12 - VgNDoa SUaSrrfuiE�V –9 Request for Taxpayer IdenHIIcadan Numbor and Certiticatlon In accordance wah the Internal Revenue Serviee regulations, Collier County is inquiind to collect the following information for tax reportingputposes from individuals and companies who do busi¢ess with the Coamty (including social s urity numbers if used by the individual o mpany f tax sporting purposes). Florida Statute (19.091(5) inquires that [he county notify you iv writing of the reason for collecting this information, which wLLl ba used for no other purpose than hareiv stated. Ptease complete all in£ornvtion that applies to your business and remm with your quote or proposal. 1. Ganaral informatlon (provide all information) Z. Taxpayer Names - - - (sshown on income tax rertir) Business Name (tdgerenrf m r payer nam Address 3494 Sh earmater Servet City Nanlea State Florida Zip 3411]-8414 Telephone 'J9-4 5–] 00 Email LGAUOLO@QEll$A•COM Order Inform»Eton � Remi[ / Payment Inform»[ion Address zt.o�. Cl.eur...ctu Sr r�nnr Address 3494 Shearwat ar Straat_ City Naples States FL yip 3411] City Napless Stam FL Zip 34117 Email LGAUDIO@OEUSA_COM Emall ELTTTLETON@OEUSA_COM Comonnv Status (check onfv one) _Jn ova ua So c ropnetor $Cotporation - Pednerahip _Tax Exempt (Federal ipcome Eax-exempt annty Limimd Liability Company under Internal Revevua Service guidciimcs IAC Enrer the tax cleaatficatlon 501 (e) 3) (p = Oisregn �� 6nitty, C = Corporation. P –Partnership) 3. Tnxpwyer Identlficntion Number (l r tax repordngpurporer only) Federal Tax Idcntificetion Number('CIN) 54–OmG ]Ona (Vendors who do not have a TIN wlll b< required to provide tial sacudH number prior ro an award). ' 4. Slgn and Data Form: Cer[1f1e»[lon: U.rdar n¢Idea o t cerci that thein ormation shown on (his orm it correct tom knowled e Signatu�� C �t/f— Date O / s/lA Tithe Vice President Phoru Numbor 239-435–]200 O 3MPGRTANT: Please read carefully, sign In [he apacea tndfca[ad end �� wY[h your IIld. Bidder should chock off each of the following items as the necessary action is completed: I. The Bid hes bean signed. 2. The Bid prices o£P ed have bmn [eviewut. 3. Tho price extensions and totals have been checketl. 4. Bid Schedule has been completed and attached._ s. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is ncluded. 7. The followtng on -tine standard docume¢ts have been reviewed in Bidsync: 1. Construction bid inswctions form 2. Conswction services agreement 3. Pvrehase order terms end conditions 8. All of the following bid forma have been completed and sig¢ed: i. Bid Form (Form 1) 8. Insurance and Bondi¢g Requirements (Form 8) 2. Cott[rac[ore Key Paraormal (Form 2) 9. Conflict of Interest Affidavit (Form 9) 3. Material Manufacturers (Form 3) 30. Vendor Declaration Statement (Form 10) 4. List of M jor Subeontmc[ora (Form 4) 11. Imntigra[ion Law Affidavit Certl£acation 5. Statement of Pxperiance (Form 5) (Form 11) 6. Trench Safety Act (Form 6) la. Vendor Substitute W-9 (form 12) 7. Bid Bond Form (Poen 7) 1J. Biddeta Checklist (Form 13 — [hie form) 9. Copies of required in{oraaazion have been attached 1. Company's 8-Ve[ify profile page or mamorandssm o£understanding 2. Certificate of Authority [o Conduct Business in S[a[e o£Florida 3. Any required professional licenses —valid and currant (ie: General Con[raotors licensq Underground Utility and Excavation, Builders, Trade Contractors, etc., as applieablq requested and/or requiretlJ 10. I{roquired, [he amount of8id bond hes boas checked, and the Bid bond or cashier's check has been submitted. 13. Any addenda have been signed and admowledgemcnt form attached end included. 12. The 81d will be uploaded in time to be ¢calved no Inter than the specified ooenin¢ date and time, otherwise the Hid cannot ba cons:demd. Quality Enterpriaee USA. Inc. Bidder Name 05/25/18 Signature 8c Title Date Louie J. Gaudio. V1ce PreaidenY 9 O ErsSpllyybt'yV9zard �-1�'�Ilf'�Ib Fytlploym6rtt E.Ilglbllity 9rbrtrlCR[IOR i Flpme My Gaaan 1 NOw Cypu y11•w Cels MY Prvflle ' EYM.%O Ma ' Cl:anga Pa¢iY:hN ' CM1anpe aeaurlb Duhhuorra MY COTpany I f EGM Campeny PeoOle 41 AJp Naw Uaar �VRw @xWFng UBa:v ' �l:lpialCEr:ipvaY AumYM My Rdpyill �Vlhw RepaM My R Vlliw ESleMlal Rp jpY2ga {Thka TngRol VpW L:or MBnuN Gpnlrit Us Company Information EIl9Hb LRTLETON ELIThJi61 Compmy Nemaz pVAUTY ENTERPR19E8 U9A� INC Cemph:iy IO Ntim6prt N. 93fY notn9 6uatnaep Aa (NeA) Names; OVNS NYmtipf :Page 1 pP 1 r� uetyep9 f02$AM-1 W1BC{Ote LUB /1m P6Yetnet lmeRtlon: Mvaln9 Atldre88: ANdlaah'1: 206 TINT�RN CT AatlpsR l( Aadtvea s: Aaama® z; CiCy: CNE6APEA%E CAy: §tater VA' >61pta: ZFpCotlo: 2i$20 2(p CgAa: Counq+:. CNE6APEAKE�CITV Adaltlonel Inlerm�lom Htnploy9Y ltlePnfloaV NumIYC:'; ¢AOn4T092 Tef14 Numh.Ot M E pl yaps: 1QO b 9pB RaM1M CN{anhall /\amt 1 4flon DUALITY ENTERPRISES: V8A ING Or9an1>vHOn p0819nnt16n: Employef Cato9aiY= FaQaNl: Can46gh1 W111gN FAFi E-VeMy Glewe NAfG9 Godes: 238=9PECIAITY TRybE GONTRACTOft9 Total HIAn9 6/toes: 1 Total Polnta df Cemhct: 3 1 htips:/lerveri£y:ostia.gov/mnp/13mp(oyerWirpni.pspx OIp/14/207"O _ _ ... .... _.. _. _. .. _. ..__ ._._. ._._.. ___—___.. WYE ..._. ._ ._... 8/6/2018 Detell M EntIH Names Dwwon of conopa...�ona ,r�. 4 .✓ r9 g.,� / n t.,�e / aaa a / Uatall by Entity Name Foreign Profit Corporeticn QUALITY ENTERPRISES USA, INC. FJlinp Document Number F95000002550 FEVEIN Number 54-084>002 Data Fllad OS/25/t 995 State VA Status ACTIVE Pdnglnal Atltlraaa 3494 SH EARWATER STREET NAPLES, FL 34N7 Changed: It/04/2Ot6 Mnillna Atltlre 3494 SHEARWATER STREET NAPLES, FL 341t> Changed: tl/04/2016 $gpbtarad Apane Names 8 Atltlreas CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Name Changed: '12/04/2017 Adtlreae Changed: 12/04/2017 Droner/D reatar Daren Names 8 Address Tltla PD MURRELL, HOWARD JJR. 3494 Shearwater Street NAPLES, FL 34117-6414 ,�,: ., r c�_��_c 'rrr�/. r� Tltla ST MURRELL. STACEY �O M1np://search.aunblz.or9/In9ulry/corporatlonsaarc WSeerchReaultUalell?Inpulrytype=EntllyNamaBtllracllonType=lnitial8saarcM1NameOrtlar=QUNLITYENTERPRI3EBU£ e/Rrzote oaoag by Enbb Nama 3494 Shaefwetar Slraat NAPLES, FL 34117-6414 Title Ofllcar / Asalatan[ Secrefery Murrell, Allison B 3494 Shearwater Street NAPLES, FL 3 411 7-641 4 Tl6a VP Gactllo, Louis J 3494 SHEARWATER STREET NAPLES. FL 34117 Annual Rappr� RapoR Vear Fllad Oata 201) 02/06/201] 2017 05/02/2017 2018 01/24/2018 onnNn.ant Irrragaa Or/tea/2prA _aNNugL REPnNT Vlnv.lmnga In POF brmul ___.. argumrT--Raa,�ggpLGpaaga vlaw l,.Iaga l,. Por-rormar _— vl.... Image In PDQ b.mal �.,., __ v�aw �mag� In Por r al_� groe/ -- .. ar--PORT vinw Image In Por b.mm _..___ ,naMb�e .ANN w REPORT v maga mF0 r m ._.____. rrzq�ma-. wNNllq_REPORT Vlew Image In POF blmal VI nPOE rormar ' r/[m140r3 Vlow qo In O --�P_ Imo PDF rormar_ R Vlaw Lna9a in POF _banal ^n.LOBaLGa9g0@ n PDP Iomw� oTFinN ANNLmI 1 -- REPORT Vlow Imago In POF formal Vlnw Imago In POF banal 1H -- • RORT Vlew lmagein POF larmel �� aR^arann�S^.LLBEe08'L Vlov+inmgo In PnF lom,al M 3009 NNL)n RT w n mgn in POF (om,ni NNLA_ aw inm e m POr- lmmnt a p _. ANN PORT Vlaw nrmgc in Ppr lorm.0 � r/12�nbe _n N�iIA _R P` Vlnw lningo In POr larmal r am __ N �w - Vlaw Imvga In POF lu.niel a Vaw lmayo In POPlom,nl - _.. gq/pLR � ANNUA w ima n I []P lonn.n _� O n AQP_ View .ma ,PDF Ormal � it gg gNN1�ay�R P_ In.. mag �r-b.n.>n � _.. _. 90 httpl/aearcM1.aunbls.arg/1 nqulry/carporetloneaamh/9earohReeulrOalallilnqul rytypa=En[IHNameBOlrac[IonTypa=1 nigal&s¢arcM1NamaOrtlar=4UALITYENTERPRISESU: EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 1�F]:.L� Paul Moriarty Allison Murrell Personnel Cateaory Construction Superintendent Project Manager to ConsVuctton Services P.greamant Ravtaetl 0220'18 ny O EXHIBIT 13-1: PUBLIC PAYMENT BOND 18-7368 Bond No. 9288807 Contract No. 18-7368 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. , as Principal, and Fidelity and Deposit Company of Maryland as Surety, located at 1299 Zurich Way, SchaumburgIL 60196 (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Obligee in the Slim of Seven Hundred Twenty Eight Thousand Nine Hundred Seventy Dollars and 001100 ($ 728,970.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 13th day of June Collier Boulevard S Golden aG-fe—final16-inch-WaterMain in 201s with Obligee for ...::, accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 13th day of June 2018 , the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body. Construction Services Agreement: Revised 022018 � t Signed, sealed and delivered in the presence of: a uarreras Inessess to Principal rgaritta. Negron STATE OF Florida COUNTY OF Collier PRINCIPAL Quality Enterprises USA, Inc. BY: NAME: Louis J. Gaudio ITS: Virg PrPsirl nt The foregoing instrument was acknowledged before me this 13th day of .Tune 20_j3, by Louis J. Gaudio I as Vice President_ of _Quality Enterprises USA, Inc, a Virginia corporation, on behalf of the corporation. He/she is personally known tome OR has produced N/A Known— as identification and did (did not) take an oath, My Commission Expires: 2/11/22 MARCIE L. COHEN :40 �; •;: W COMMISSION # GG 152066 ate: EXPIRES: February 11, 2022 Bonded"Notary Public Underwriters (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety Atli, (Signature of Notary) NAME: Marcie L. Cohen (Legibly Printed) Notary Public, State of Florida Commission No.: GG 15206.6 SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) 12 Construction Services Agreement: Revised 022018 STATE OF Virginia COUNTY OF Virginia Beach Fidelity and Deposit Company of Maryland OR As Attorney in Fa (Attach Power of A orney) Tammy A. Ward (Printed Name) 1299 Zurich Way Schaumburg, IL 60196 (Business Address) 804-287-1167 (Telephone Number) The foregoing instrument was acknowledged before me this 13th day of June 2018 by Tammy A. Ward I as Attorney -in -Fact Of Fidelity and Deposit Company of Maryland Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: September 30, 2018 (AFFIX OFFICIAL SEAL) TERRI K. STRAWHAND Notary Public Commonwealth of virginia Reg. # 24/440 My Commission Expiros 9/S0/201t ' aru�(Signature) Name: Terri K. Strawhand (Legibly Printed) Notary Public, State of: Virginia Commission No.: 247448 13 Construction Services Agreement: Revised 022018 EXHIBIT B-2: PUBLIC PERFORMANCE BOND 18-7368 Bond No, 9288807 Contract No. 18-7368 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. as Principal, and Fidelity and Deposit Company of Maryland I as Surety, located at 1299 Zurich Way, Schaumburg, IL 60196 (Business Address) are held and firmly bound to Collier County Board of County Commissioners , as Obligee in the sum of Seven Hundred Twenty Eight Thousand Nine Hundred Seventy Dollars and 00/100 ($ 720,970.00 )for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 13th day of June 2018 , with Obligee for Collier Boulevard & Golden Gate Canal 36 -Inch Water Main Directional Drill in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1, Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 131th day of June 12018 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 14 Construction Services Agreement: Revised 022018 Signed, sepaA and delivered in the prof. as Witnesses to Principal Margari Negron STATE OF Florida COUNTY OF Collier PRINCIPAL Quality Enterprises USA, Inc. NAME: Louis J. Gaudio ITS: Vice President The foregoing instrument was acknowledged before me this 13thday of ,Tune 20 18 by Louis J. Gaudio I as Vice President of Qt1a1 i yEnterprises TT4A _ Tnn, a Virginia corporation, on behalf of the corporation. He/she is personally known to me OR has produced N /A — Knr%Tan as identification and did (did not) take an oath. My Com i MARCIE L. COHEN aft•`' MY coMMISSION # GG 152068 EXPIRES: February 11, 2022 Thru Notary Public Underwriters (AFFIX OFFICIAL SEAL) Yl/!/�.. (Signature) Name: Marcie L. Cohen (Legibly Printed) Notary Public, State of: Florida Commission No.: GG 152066 15 a� Construction Services Agreement: Revised 022018 0) ATTEST: Witnesses as to Surety Wltn sseS Kath n Snell STATE OF Virginia COUNTY OF Virginia Beach SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Fidelit nd Deposit Company of Maryland v As Attorney in F t (Attach Power of ttorney) Tammy A. Ward (Printed Name) 1299 Zurich Way Schaumburg, IL 60196 (Business Address) 804-287-1167 (Telephone Number) The foregoing instrument was acknowledged before me this 13th day of June 20 18 , by Tammy A. Ward as Attorney -in -Fact Of Fidelity and Deposit Company o"aryland a Sarety, on behalf of Surety. He/She is personally known to me OR has produced as identific n and whq kdi ot) tak an oat My Commission Expires: September 30, 2018 k -i1 �' 1�LL� (f?JA�� (Signature) (AFFIX OFFICIAL SEAL) Ey RRI K. S T RAWHAND Notary Public Commonwealth of Virginia Reg. it 247448 ommission Expires 9/30/'d1g Name: Terri K. Strawhand (Legibly Printed) Notary Public, State of: Virginia Commission No.: 247448 16 Construction Services Agreement; Revised 022018 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Mark C. BUNDY, Tammy A. WARD, Terri K. STRAWHAND, Daniel J. GRYGO and Kathryn SNELL, all of Virginia Beach, Virginia, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of June, A.D. 2017. ATTEST: By: Secretary Michael McKibben ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND r,1 1.4 •4 �dW„°'�'. a k'P'��oRvoryrp iLnm i SEAAL -�1 —•_° tn: uw -=i r°= C7'. t998 +4$z Vice President Michael Bond State of MarylandFOR YOUR PROTECTION, County of Baltimore LOOK FOR THE ZURICH WATERMARK On this 26th day of June, A.D. 2017, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and MICHAEL MCKIBBEN, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. �1'i•t t 1"[ Lrr`•.C�h•IIG,!@fir Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 176-3814A EXHIBIT B-3: INSVRANCE REQVIREMENTS The Contractor shall at Its own expense, carry and maintain insurance coverage From responsible companies duly authorized to do business in the States of Florida as set forth in EXHIBIT B of this solicitation. Tha Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. Tha 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. Tha Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Oesign 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 I� own liability insurance. Certificates Issued as a result of the award of this solicitation must identify "For any and all work partormed on behalf of Collier County", or, the specific solicitation number/contract number and title. Tha Ganaral Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as en 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 Coliiar County. The amounts and types of insure ncs 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 responsibllky for such obligations. All self-insured retentions or deductibles will be Contractor's sole rasponsi bility. , Coveragais]. shall be maintained withoutinterruption From the data 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 solicitations whichever is longer. Tha 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 man nar, 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 req uirament to provide notice. In the avant 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. w COn84vctlOn Sarvlca8 ABreBTanl: RaW%Btl 0220te C'9 O Should at any time the Contractor not maintain the insurance cov�ragei�l required herein, the County may terminate the Agreement or at its sole discretion shall be autho Azad to purchase such covaraga(� and charge the Contractor for such coveragaj>� purchased. If Contractor fails to reimburse the County for such costa 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 ba responsible for the covara9aL2 purchased or the insurance company or companies used. The decision of the County to purchase such insurance covaraga(>;Z 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 Cartificate(s) of Insurance not later than ten (70) calendar days after the expiration date on the certificate. Failure of the Contractorto provide the County with such renewal cartiftcate(s) shall be considered justification for the County to terminate any and all contracts. is conaxn,cao� sa.woas sgraemam: rxe�isea ozzota �-'fp Collier County Ploa-:dn Insurance and Bonding 12eyniz-em cntc er�s4p� L � Work ComPanse[ion Statutory Limits of Plorida Statutes, Chapter 440 and all Federal Ooyemment Smmtory Limits and Raquiromen[s Hvidence of Workers' CompansaHon coverage or a Certificate of Hxemption issued by the State of Plorida is required. Entities [hat ars formed as Sole Proprietorships shall not be requir«3 to provide a proof of azamption. An application for exemption can be obtained online at httos�//ao s.Odfa.com/bo ot/ 2. ®Employer's Liability $ i,000,000�single limit peroccurmnce 3. ®Commercial 6enemi Bodily Lljury and Property Damage Liability (Occurmnu Porm) Per Occurrcnca patterned atter [he wrront ISO $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and form Properly Damage Inability. This shall Include Premises and Operations; Independent Contractors; Products and Completed Opcm[ions end Contractual Liability. 4. ®Indemnification To them m extant pemdtted by Florida law, the Contractor/Vmdor/Conmttant shall defer W, indemnify and hold harmless Collier County, its ofRcers end employees from soy end all liabili[iw, damages, fossas end ooata, including, but not limited to, weaonable attorneys' fees and paralegals' fees. io the ardent caused by the negligence, recklessness, or intentionally rongful conduct of the contmcrorNmdor/Consultmt or anyone employed or utilized by the ContractorNandor/Consulmat in the performance of this Agreement. 5. ®Automobile Liability $ 1,000,000 Bach Occurrence; Bodily Injury Bc Property Damage, Owned/Xon-owved/Hired; Automobile Included 6. Q Other insurance as noted: � Watcroraft $ Per Occurrence � Uadted Stetea Longshoremen's end FIa borworkers Act coverage shall ba maintained where applicable to the completion of the work. $ Per Occurrence Maritime Coverage (Jones Ac[J shall be maintained where applicable to [he completion of the work. S Per Occurrence Q Airoraft Liability coverage shall ba carried in limits of not less than $5,000,000 each occurrence if applicable b the completion of the $ervims under [his Agreement. $ Par Occurrence Q Foliation Par Occurrence Q Prof Tonal Liability $ . Pac claim � is the aggregate • $1,000,000 par claim and in the aggregate • $2,000,000 par claim and in the aggregate P jec[ Prof sional Liability Q Valuable Papers Insumnca Cyber Liability � Technology Errors @c Omiseioru $ Per Occurrence $ Per Occurrcnca $ Per Occurrence $ Per Occurrence t e �'q® Cona4ucOon SaMcea AgraemanL Revbad 0220ta 7. ®Hid bond Sfiall be submitted with ptroposnl response in the form ofcer[i£ed fbnds, cashiers' check or m Irrevocable letter of credit, a cash bo¢d posted with the County Cler$ or proposal bond in a m equal to 5^/0 of the coat proposal. All checks shell be made payable to the Collier County Board oECounty Commissioners on a baNc w trust company located in the State oPFlodda and red by the Fedwel Deposit Insurance Corporation. 8. ®Performance and Payment Por projects in czcess o£ 5200,000, bonds shall be submi[[cd with the executed contract by Bonds Proposers receiving award, avd wrilmn for 100% o£[he Contract award amount, the cost borne by the Proposer reroiving a ard. The PerPormanca and Payment Bonds shall be underwriven by a surety authorized to do bus:a n the Stale of Plorida and oNerwise ceptable to Owner; provided, however, the surety shall ba rated as "A=' or betxr as to general policy holders rating and Class V or higher rating as [o fimncial size category and [ha amount required ahal l noC exceed d% of the reported policy holders• aurplu3, all as reported in the most currant Heat Key Rating Guide, published by A.M. Bret Company, Iac. of 73 Puhon Street, New YorK New York 10038. _ 9. ® Consultant shall ensure that all aubcontraetore comply with the same insurance requi cots [hat he is required to msec. The same Consultant shall provide County with certifica[ea of Insurance mw[ing the required insurance provisions. 10. ® Collier Coua[y mus[ be named ae "ADDITSONAL IIVSI3ICED" on [he Insurance Certificate for Commercial General Liability where required. This insurance shall be pRmary and non-coruributory with cespat to any other insurance maintainca by, or available for the bene£[ of, the Additional Insured and the Contracmi s polloy shall ba endorsed accordingly. 1 L ® The Certificate Holder shall be v mrd as Collier Couvty Board of County Commiasionars, OR, Beard of County Commissioners in Collier County, OR Collier County Government, OR Collies County. The Certificates of Insurance must state the Coatraa[ Number, or P ject Numbeq or specific Proj eo[ description, or must reatl: For any and ell work performed on behalf of Collier County. 12. ® Thirty (30) Daye Cancellation Notice inquired. 4/18/18 - CC Covtractor'n Insurance Stetamsn[ We understand the irssumnce requirements of these specifications end that the ev/dmce of insurability may ba roquircd within fres (5) days of the award of this solicitation. Name ofFinv Quality Entetpriaea USA. Znc� Data O / / 8 Contractor Signature �r� Priv[ Name Insssrance Agency Rnebarf oord Agent Name t Telephone Number >sy.G ca_nc�� ConslNdiOn Agre®man[ Agreement Rav�sad 022 ip EXHIBIT C: RELE SE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Bafora me, the undersl9ned authority, paraonally appeeretl who after being duly sworn, deposes and says: (t) In accordance with the Contract Documents antl in wnaidara[ion of $ fo ba recalved, ("Contractor") releases and welvas for itself and ft's subcontractors, matarlel-men. successors and assigns, ail claims demands, damages. costs end expenses, whether in wniracl or in tort. against the Board of County Commissioners of Collier County, Floritla, relating In any way to the partormance of the Agreement between Contractor and Owneq da[ad ,20 for the parlod from to � This partial waiver and release Is conditioned upon payment of [he consideration d¢sulbad above. It is not effective until said payment is received in paid funds. (2) Contractor certffles for itself antl its subcontractors. material -men, successors and assigns, [hai all charges for labor, materials, suppli¢s, lantla, Ilcansea and other expanses for which Owner might be snarl or for which a lien ora demand against any payment bond might be filed, shall ba fully setisfl¢tl 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 flied or assertetl against the Owner arising out of the pertormanca by Contractor of the WorK covered by this Release end ATFdavit. (4) Thls Releas¢ antl Affidavit is given in connection with Contractor's [monthlyMnal] Application for Payment No. CONTRACTOR �� ITS: President DATE: STATE OF COUNTY OF [Corporate Seal] Tha foregoing Instrument was acknowledged bofore me this _day of , 20 by as of a corporation, on behalf of the corporetlon. Haraha is personally known [o ma or has produced as Idantiflcabon and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, S[ata of Commissioner No.: pt CAO consavmio� sar..mes Aoreeme�c Ra�laaa ozzota ExHi BIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Co//tar Count Board of Count Commissloners the OWNER or Co//ler Coun! Wate�Sewar Owner's Project Bid No. Mena is Names: Count 's Division Name Pro act No. Submittetl by Contractor Application Data: Ra rasantativa: Name Contractor's Name & Payment Application No. Address: Ori final Contract Times: Orl Inal Contract Prices: Revised Contract Time: Total Chan a Ordara to Date: Revisatl Contract Amount: $ Total Value of Work Completed & $ Storetl to Data: Retainage (>'�t0% $ Retainage (� 10%through [Insert $ - through [Insert Date] tlate] Retainage � % $ Less Retainage $ attar Insert date Total Earned Lans Ratalna e S Less revious a mant s Percent Work Com plated % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time % Com leted to Date: Liquidated Demegea to $ Remaining Contract Balance $ Be Accruatl ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The untlersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work tldna under the Contract rafarretl to above have been applied to tlischarge in full all obligations of CONTRACTOR incurred in connection with Work coveratl by prior Applications for Payment numberatl 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 lima of payment free antl clear of all Ilana, claims, security intarosts and encumbrances (except such as coveretl by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued antl received from the OWNER and that currant payment is now due; and (4) CONTRACTOR has only Inclutlatl amounts In [his Application for Payment properly due and owing and CONTRACTOR has no[ included within the above rafarancatl amount any claims for unauthorized or ehangatl Work that has not been properly approved by Owner in writing antl in advance of such Work. Contmclor's Names Contradora Si nature: Dat®r Types Title: Sha/I ba signed Dy an au[honsad res resan[ativa of the Contractor. Pa Ment to tba CONTRACTOR for the above AMOUNT DUE THIN APPLICATION is reoommantled b Desi n Professional's Names: SI nature: Data: Pe ment to the CONTRACTOR for the above AMOUNT DUE TH18 APPLICATION Is recommended D Owner's Pro act Manes er Names: s' nature: Data: z2 Cona[rvcllon Services ABreamanl: Ravlaetl 022mB CAO ExNIEYTD cml nuea SCHEDULE OF VALUES _ wy..[x.ma. WLLU6 anlaee mean To FIrvI9N In ml WTxxe[O a Eapbnatlon (aa Me two rolumn[ uMee Pmbue Mpllcmlons: TM1e Thm Oa[e Is where yeuwlll Place all lnfamlatbn uMll tllecannan Iz complete uMen a agleam oc rtEuc[Iamt aeaalnage Niw cei IMo play, II tMs bppem, all lnformaNan up m ahe Ea[eal ahe %ebrye In relalnage h Placetl In Br Thm Oale column. IMarmallon aNer[M1a[ tlate Is pNcetl In [Fe Slnce Uale column. TNz sates whal has heppemtlilnce [he change In reGimge. 23 CAo Conatm<IIOM1 Servle®e Hgreamenl: Revleetl 02207 B exnroic o (Contlnuea) stores MataFlals Raco�tl ula:A+B-C-D=E �Ao 24 Conelruc�bn Sarvlces AgreemanC Ravlsetl 022018 aaoaa �Ao 24 Conelruc�bn Sarvlces AgreemanC Ravlsetl 022018 EXHIBIT E: CHANGE ORDER An electronic data entry form may ba found at: h[tp�//b 01/Sit �' t /ASO/P h f /F 1/F /O f It cn.na+oras Porm Conhaat i:� CbanOa C:O PurcM1ase Oraeri: � Prc)vot B:O Contraeto rinrm Name Project Nama: PmfMMana ar Name Bepanmen 6101nv1 COMr+eiRNwk trey AnouM 6{Blrul BCG Apprw+l D+fv Ayanei Nam C Cun¢re BCC Apvou+tl Anount Lsit BCC PoWw+I C+tt AQaN' . Imm 4 CumantCm +el MJ ak OeG¢r Nnwnf SPP Conbvot Expir+[ion DeW (M1lvit¢r) DOIbr Aneunte(tM1bCMnO¢ LDIV/0! ToblCM1erpe Iran 6blrml Anxa.nt FaNaatlCm eOW Ma Orear To tel S B.CC WIV/01 CM1anO¢Irpm Cverm BCC AppweO Arrounl BCB pO V(e� CM1vnaa hem Cur.m Arvatnt C�empl-Nl—o n!1 BaN Beferlp0on of tM1e Taak(i) CNanO¢. ane Wtlonale Ier Ma CnanOe Nolte¢ b Pre w.[ aav9al ome 1� Colmplagen Bvt� BahAppror¢tl� (Rlrc b•ilae�0 e of myi Aeaal 0 aeleat Taaxi o wee new taek(a) opa.t. raak(i) of enanee vaxp) o'. Duret [i»a¢px� PreparM by: n+u: rojact . av0ar m¢nt) Acumarweortkb Cnarage OrGar+(u11 eo a.ilmaa mollrcatlx to wmraglrromortler bemRM' abaveaMwin be aub)wltoallgm alma aW eeMavm oaen4inee blM1eaonVacl/wart er6eriKbtlel atuv ¢. ae (ell a HtM umav re aLtae In n.b aewganea. TM t:eerj:a�m.n..aanv.to.rm eem.aq ak.newiun.marml ane anal aenbmam of am+� ueiafma orik. cen¢+ewr(venao.r eon.pnamr V eapn Pretaubnal aAillp om of or m4taa tetbacbrga rm fonM1 h¢rNn, Inchgf A ebima fw impact alW aelry ceaa. AnwPlatl bY: emrvwdl a onauAantl wa.onaa ame nm, Oaaa: aagn r projae.aypl✓a ) Approval OY: Baty .i n mess Nan am.e vm. pm ap ab > Apv.e.al br: oma. .]..ar.�.m.v.,-.a�-�wiw e.3narw..a�n_m:aoe n.e a. m.., ao-..as�. nx e�. 25 ConatNctlon Sarvlcas AgraemenL Revisatl n220iS [JAO EXHIBIT F: CERTIFICATE OF SI.IBSTANTIAL COMPLETION OWNER'S Project No. Deai9n Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work antler the Contract Documents or [o the following specified parte thereof: To OWNER Antl To Substantial Completion la the state in the progress of the WorK when the Work (or designated portion) is auHiclantly complete In accordance with the Contract Documents so that the Owner can occupy or utilize the Work for 1ta intantlad use. The Work to which this Certificate appii¢s has bean inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work Is hereby declared to ba substantially complete in accordance with the requirements of the Contract Documents an: DATE OF SUBSTANTIAL COMPLETION A tentative list of Items fo ba completed or correctetl Is attached hereto. This list may no[ ba all-inclusive, antl the failure to include an Item In it does not alter the rasponaibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. Tha items in the tentative Ilst shall ba completed or correctetl by CONTRACTOR within days of the above date of Substantial Completion. The reaponsibilitles between OWNER and CONTRACTOR for security, operaLon, safety, malntenanca, M1eat, utilities, insurance antl warrangas shall ba as follows: a:onsaucaon s®rw�aa noreemam: aawsea ozzoia CAO RESPONSIBILITIES: OWNER: Tha following documents are attachetl to antl matle a part of this Certificate: This certificate tlaas not constitute an accapiance of Work not in accortlance with fha Contract Documents nor Is It a release of CONTRACTOR'S obligation [o complafa the Work In accortlance with the Contract Documents. Exacu[etl by Design Professional on Daslgn Profssalonal Types Name antl Titles CONTRACTOR accepts this Certificate of Su batantlal Completion on 20 CONTRACTOR By: Type Name and Tiila �Z• OWNER accepts this Certifica[¢ of Subatantlal Completion on . 20 By: Type Name and Titles zv Constmcllan Servicea Af3�eemenC Ravlsatl 022018 �;p0 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Protect No.: Date: 20 Contractor The following items have been secured by [ha For the Project known ae and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount. Commencement Data: Subatantlai Completion Tlme as sat 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 Data: YES NO t. All Punch Llat items completed on 2. Warranties and Guarantees assigned to Owner (attach [o this form). 3. Effective data of General one year warranty from Confractar is: 4. 2 copies of Operation and Maintenance manuals for aquipmeni and system submitted (list manuals in attachment to this form). 5. Aa -Built tlrawings obtained and dated: B. Owner paracnnel tra lned on system antl equipment operation. 7. Certificate of Occupancy Nq.: issued on (a Hach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received From Contractor on: 1 O. Consent of Surety rete Natl on 11. Operating Department personnel notified Project is in aparating phase. 12. All Spare Parte or Special Toole provided [o 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 explanafton. Acknowladgmenta: By Contractor: (Company Name) (Signature) (Typed Nama 8 Title) By Design Profasslonai: (Firm Nama) ($IgOatV res) (Typed Name &Title) By Owner: (Department Name) (Signatu res) (Name ffi Title) 2b Cones\ruction SaNICBS AgreBmanC RaNsatl g220t8 L`p® EXHIBIT H: GENERAL TERMS AND CONDITIONS INTENT OF CONTRACT DOCUMENTS. �.� 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 ba inferred from the Contract Documents as being required to produce the intended result shall ba su ppliad whether or not specifically called for. When words which have a wall -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 codas 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 speciFcation, manual, code, law or regulation in effect at the time the Work is paAormed, except as may ba 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 knownto Contractor with iha Contract Documents before commencing any portion of the Work. t.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 convenient¢ of reference only and shall not b¢ interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the avant of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall ba required to comply with the provision which Is the mora restrictive or stringent requirement upon the Contractor, as tletanninad by the Project Manager. Vnless otherwise specifically mentioned, all anchors, bolts, screws, £tongs, 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 ba fu rnishad and Installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subjac[ to Section 2.3 below, Contractor shall have the sola responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without Ilmltatlon, 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 surtaca materials to be encountered; subsurtaca conditions; equipment and facilities needed preliminary to and during pertormance of the Work; and all other costs associated with such perfortnanca. Tha 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. ze Cona4Vctlon Servlcae Ag�aemanC Revlaetl 02201 CJAO 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or underthe Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2.2 as the "Vtilities". 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 ached ule 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 ba 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 cond'Rions are ancon ntered at the Project site which are (i) subsurtace 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 gen¢rally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have bean discovered by Contractor as part of its scop¢ of site investigative s¢rvices required pursuant to the farms of the Contract Documents, then Contractor shall provide Owner with prompt written notice ther¢of before conditions are disturbed and in no event later than three (3) ealend ar 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 d¢crease in Contractor's cost of, or time required for, performance of any part of the Work, Owner wil acknowledge and agree to an equitable adjustment to Contractor's compensation or time for partormence, or both, for such Work. If Owner determines that the conditions at the site are not materially diff¢rent from those indicated in the Contract Documents or not of an unusual nature or should have bean discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justlfled, 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 wnttan determination notice. If Owner and Contractor cannot agree on an adJustm¢nt to Contractor's cost or time of performance, the dispute resolution procedure sat forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 Tha 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 provid¢ for expeditious and practicable execution of the Work within the Contract Time. Tha Prog roes Schedule shall Indi[ata the dates for starting and completing the various stages of the Work. 3.2 The Progress Schadul¢ 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 Proj¢ct 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 pertormad in accordance with the requirements of all Collier County Noise Ordinances then in affect. Unless otherwise specified, work will generally be COnSINCUOn Services P.gfBBTanL Rav�satl 0220 8 t'Ao limited to the hours of 7 a.m. to 7 p. m., Monday through Saturday. No work shall ba partormad outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its £rst momhly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon [he Contract Prices, listing the major elements of the Work and the dollar value for each elamem. 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 ached ula shall ba updated and submitted ¢ach month along with a completed copy of the Application for Payment form signed by the Contractor's authorized represantativ¢ and attached to the Agreement as Exhibit O. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialman 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 subseq uantly identified Subcontractors ora subject to Owner's prior written approval. Tha first Application for Payment shall be submitted no earlier than thirty (30) days after the Commancamant Data. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit Its invoice for any required Paymem and Performance Bonds prior to the £rst Application of Payment provided that Contractor has furnished Owner cartrted copies of the revel pts 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 sola discretion, Owner is not required to make any payment for materials or equipment that have not bean 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 bean agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation wawa Ming 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 ora covered 6y 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 tlasignee, as directed by Owner (which destgnea may include The Design Professional). Altar 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: (7) 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 intlicating, 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 Fina nca 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. Tha Owner shall, within tan (10) business days after the Application For Payment is 3t (;AO Construc[lon aarvlces Agreement: Ravlsetl 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 tan percent (1 O%) of the gross amount of each monthly payment request or tan percent (1 O%) of [ha 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 filly percent (50 %)completion subject to iha guidelines sat 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 Releases 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 re�3ect to the currant 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 suppilerhas 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 axis[ and that the expenditure of funds must be spread over the duration of the Project at regular intervals basad 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 Fundirlg 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 ¢arty 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 pertorm the Work required of it under this Agreement pending resolution of the disputa provided that Owner continues to pay Contractor all amounffi that Owner does not dispute are due and payable. 4.'11 Payments will be made for services furnlahed, delivered, and accepted, upon receipt and approval of invoices submitted on the data of services or within six (S) months after completion of contract. Any untimely submission of invoices beyond the specked deadline period is subject to non- payment under the legal doctrine of "laches' as untimely submitted. Times shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 Tha 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 Countys credit card for transactions relating to this solicitation 32 Cone\vctlon Services AgreemanL Raviaetl 022018 GPi�i 6. PAYMENT$ WITHHELD. 5.7 Tha Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsaq uently discovered evidence or subsaq uant inspections that reveal non- compllanee with the Contract Documents. Tha 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 ba completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (fj 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 5.7. era not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the avant 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 pertormad of for materials delivered in association with a contract. B. FINAL PAYMENT. 6.7 Owner shall make final payment to Contractor in accordance with Section 278.735, F.S. and the administrative procedures established by the County's Procurement Services Division and [he 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 Nave furnished Owner with a properly executed and notarized copy of the Release and AfFldavit attached as Exhibi[ C, as wall as, a duly executed copy of the Surety's consent to final payment and such other documentation that may ba required by the Contract Documents antl the Owner. Prior to release of final payment and final retainage, the Contractors Representative and the Project Manager shall jointly complete the Final Payment Checklist, a rapreseMative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of £nal 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. Naitharthe acceptance of the Work nor payment by Owner shall ba 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 lima of final inspection. 33 Conslnactlon Services Agreement Ravlsad 022018 Gf�® 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to ba submitted such as shop drawings, data, fast results, schedules and samples. Contractor shall submit all such materials at its own expanse 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 parmitt¢d, materials or equipment of other suppliers may ba accepted by Owner tf sufficient information is submitted by Contractor to allow the Owner to determine that the material or equlpmant 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 ba submitted by ConVactor to Project Manager within thirty (30) calendar days after Notice ofi 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 acc¢ptanoe thereof, certifying that the proposed substitute shall adequately perform the functions and achiav¢ the results called for by the general design. ba similar and of equal substance to that specified and be suited to the same use as that specrfied. The application shall sista that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achiavam¢nt of substantial completion on time, whether or not acceptance of the substitute for use in th¢ Work will require a change in any of the Contract Docu mants (or in the provisions of any other direct co Mract with Owner for the Protect) 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 spacifi¢d will ba Identi£ad in the application and available mai ntenanca, repair and r¢placement service shall be indicated. Tha 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 effected by the resulting change, all of which shall ba 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, �mathod, technique, sequence or proc¢dure of construction is indicated In or required by the Contract Docu manta, Contractor may furnish or utilize a substitute mans, 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. Tha proceduresfor submission to and review by the Project Manager shall ba the same as those provided herein for substitute materials and equipment. 7.5 The Protect Manager shall ba allowed a reasonable time within which to evaluate each proposed substitute and, if need ba, to consult with the Design Professional, No substitute will be ordered, installed or utilized without the Project Man agars prior written acceptance which shall be evidenced by a Change Order, a Work Directive Changs, a Field Order or an approved Shop Drawing. Tha Own¢r may requlra Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. Tha ProJact Manager will Constmcrlon Services AgraemanC Revlaetl g2203t0 Lj�O record time required by the Project Manager and the Project Managers 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. DAILV REPORTS, SIGNED AND SEALED AS-BUILTS ANO MEETINGS. 8.7 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 Protect Manager. Tha daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.7 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; 8.7.3 Tha hours of operation by Contractor's and Sub -Contractor's personnel; 8.1.4 Tha number of Contractor's and Sub -Contractor's person nal present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Protect alta, description of equipment use and designation of lima equipment was used (specifically intlicating 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 alta; 8.1.8 Matar{als 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 lima of partormanca. 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 - clariflcations 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 era made to adapt the Work to flald conditions, changes resulting from Change Orders, Work Directive Changes and Fieltl Orders, and all concealed and buried Installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project alta, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features COrelNcgon Sarvlca8 AgrOBTBnL RaNectl 022018 Gw® (e.9. interior or anterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimanstons 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 antitlament to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Protect 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 mintmum of £va CS) years from the data of termination of this A9 reemeM or the data the Project is completed or such longer period as may ba 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 Divis ion 3299 Tamiami Trail East, Suite 102 Naples, FL 341 1 2-5746 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 partorm the service. 2. Upon request from the public agency's custodian of public records, provides 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 bylaw. 3. Ensure that public records that era 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 6y 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 era exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meat all applicable 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 infonnatlon technology systems of the public agency. 9. CONTRACT TIME AND TIME E7CTENSIONS_ 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 -man, as well as coord inatin9 its Work with all COn81ruOHOn SCrvICaB ApreOTOnI: R®vlsatl 022018 C..A� work of others at the Protect Sita, so that its Work or [he work of others shall not ba 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 sat forth in Paragraph '12.2. herein. 9.2 Should Contractor ba 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 faun 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 notffy 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 riOrl[ractOr may have had to request a time eMenaion. 9.3 No interruption, intertarance, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, includ Ing those for which Owner may ba responsible, in whole orin 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 end 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 ba a condition precedent to the afo rementionad "No Oamage For Oalay' provision. This paragraph shall expressly apply to claims for early completion, as wall as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue pertorming Work under this Agreement or any payment issued by Owner to Contractor ba deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 70. CHANGES IN THE WORK. +0.+ 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 endan9erin9 life or property, or as expressly set forth herein, no addition or changes to the Work shall ba made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation withoutsuch written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must ba 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 (li) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hareu nder. 70.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall ba issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly pertorm changers authorized by duly executed Change Orders. Ther -Contract Amount and Contract Timer shall be adJusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 'I0.3 If Owner and Contractor era unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly pertorm the change as directed by Owner in a written Work a� ce�armcuon services no.eemam: rxavisea ozzo+ CAp Directive Change. In that avant, the Contract Amount and Contract Time shall ba 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 avant 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 (1 O%) markup for all overhead and profit. In the avant such change Work is performed by a Subcontractor, a maximum tan 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 h) markup thereon by the Contractor for all of its overhead and proTt, 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 ba paid as a separate line Item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the rig ht to conduct an audit of Contracto r'S books and records to verify the accuracy of the Contractor's claim with respect to Contractors costs associated with any Change Order or Work Directive Change. 1 O.6 The Protect 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 Times and not Inconsistent with the infant of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall ba binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Ad ministrative Procad uras 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 Lha Contract Documents, payment of money, extension of Lima or other relief with respect to the terms of Lha 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 Lha party making Lha Claim. 11.2 Claims by the Contractor shall be made In writing to the Protect 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 Lha Contractor shall ba deemed to haves waived Lha Claim. Written supporting data shall ba submitted to the Project Manager within fifteen (15) calendar days after Lha occurrence of Lha avant, unless the Owner grants addltionaltima in writing. or else Lha Contractor shall ba deemed to have waived the Claim. All Claims shall ba priced in accordance with the provisions of Subseetlon 10.4. 11.3 Tha Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or ad minlstrativa proceeding, unless otherwise agreed ConsVuc[lon Servlcee Agr¢amant Revlsetl 022018 CAS 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 finaljudgment 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 seg. 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 VeriFcation System (E -Verify) program visit the follbwing website: htto://www.dhs.00v/E-Verify. It shall ba the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firms) receiving an award shall ba fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1 324, et sec.. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firms) 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. 16. CLEANUP ANO 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, es 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 surtaca or subsurface Improvements, inG uding, but not limited to, pavements, curbs, sidewalks, pipes, uti lilies, 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 commeneemaM 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 otherw(se 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, inG uding 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 ba 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. at OV i COnsifuGl00 SBNicas AgfeaTBnt RBVISBtl 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 r _ 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, than the termination will ba 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 full 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 pertormanca 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 parsons pertorming portions of The Work under contract with the Contractor or any Subcontractor, the Contractor may temlinata this A9raememt 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 avant shall Contractor be entitled to payment for Work not pertormed or any other damages from Owner. 79. 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 ba 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 pertormad. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not fess than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work Is so suspended, Contractor's sola 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 avant shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (8) 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 Whan the entire Work (or any portion thereof designated in writing by Owner) Is ready for ks 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, Protect Manager shall notify Contractor In writing giving the reasons therefore. If Owner, after conferrtng with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager 93 O COnOtrUCBon Sarv�cas ApreBTBnr: R®vlsatl 022018 Q�+� shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the data of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of kams to ba completed or corrected by Contractor before final payment. Owner sh ail have the right to exclude Contractor from the Work and Protect 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 Protect Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 202 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for Tinel inspection and acceptance, Project Manager and Design Professional will make such Inspection and, if they find the Work acceptable and fully partormed 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 Ralaasa 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 ail obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the eMent 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_ 2'1.1 Contractor shall obtain antl assign to Owner all express wa�ran[ies given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to ba incorporated into the ProJact. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall ba new unless otherwise 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 era in add'Rlon to those implied warranties to which Owner is entitled as a matter of law. 94 �6'`"D ConetrucOon Services AgreamanC Ravlsa0 022018 27.2 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 Rapras¢ntative shall ba present at the time of inspection and shall take remedial actions to correct any dafciencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall ba grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in adtlition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS 22.7 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 pertormad on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe cond'Rions 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 cotles, laws, ordinances, rules or regulations of any public authority having juristliction 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 ba p¢rfonned 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 ora duo to the fault or neglect of Contractor. 22.4 If any Work that is to be Inspected, tasted or approved Is covered without written concurrence from the Project Manager, such work must, if requested by Protect Manager, be uncovered for observation. Such uncovering shall be at Contractor's expanse unless Contractor has given Project Manager timely notice of Contractor's intention to covertha 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 Protect Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and ba raplaoed at Contractor's sola expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments duo Contractor all engineerirg and Inspection expanses incurred by Ownerin 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 partormad 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 abligatlons to pertorm the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.7 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defactiva Work. If required by Project Manager, Contractor shall as directetl, 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 as UVJ COOoffucrlon Sarv�wa AOfB9TBOl: RBvlcatl 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 Owners 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 sea that the finished Work complies accurately with the Contract Documents. Contractor shall keep on [ha Work at all limas 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 eMraordlnary circumstances. The su perintendant shall be employed by the Contractor and ba 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-� is a Ilst identlTying Contractors Project Superintendent and all of Contractors key personnel who are assigned to the Project; such identified personnel shall not ba removed without Owner's prior written approval, and If so removed must ba immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractors 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 5.6, for services not rendered. 26. PROTECTION OF WORK. 25.1 'Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall ra-establish the benchmarks and Contractor shall ba liable for all costs incurred by Owner assoclatad therewith. 26. EMERGENCIES. 28.1 In the avant of en emergency affecting the safety or protection of parsons or the Work or property attha 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 glue ProJact Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Comra ctor believes that any significant changes In the Work or variations from the Contract Documents have bean 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. a� Otl3 ConarvUlOn Services Ag�aam®nl: Raviaetl 0220TH 27. USE OF PREMISES 27.7 Contractor shall maintain all construction equipment, the storage of materials and ¢quipment and the operations of workers to the Project site and land and areas identi£ad in and permitted by the Contract Oocu m¢nts and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Proj¢ct 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 pertormance of the Work. 2B. SAFETY. 26.7 Contractor shall be responsible for initiating, maintain(n9 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 Toss to: 28.7.7 All employees on or about the project site and other persons an Wor organizations who may be affected thereby; 28.7.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.7.3 Oth¢r 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 Ooeuments. 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 undargrou nd structures and improvements and utility owners when pros¢cution of the Work may affect them, and shall ceopera� 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 lima as the Work is completed and final acceptance of same by Owner has occurred. All naw electrical Installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination antl Arc Flash Studios 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 ProJact site whose duty shall be the prevention of accidents. Thfa parson 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 wall 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 au bstances while on any Owner property. Further, ae OtlJ ConsbuMton SarvICBa Agreement: Revisfitl 022018 Employees shall not bring on to any Owner property any gun, rifle or other Eireann, or explosives of any kind. 28.5 Contractor acknowledges that the Work may ba progressing on a Project site which is locatetl upon or adjacent to an existing Owner facility. In such avant, Contractor shall comply with the following: 28.5.1 All Owner facilities era smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall ba provided an identification badge by Contractor. Such identiTcation 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 anter any other portions of Owner's property without OwneYs expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and era 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 rasped 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 lima; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress antl egress points identified in the site utilization plan approved by Owner or as otherwise designated, from lima 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 tlamage 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 era not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to OwneYs safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modifietl or changed by Owner from time to time. 29. PROJECT MEETINGS, Prior to the commencement of Work, the Contractor shall attend apre-construction conference with the Project Manager, Cosign Professional and others as appropriate to discuss the Progress Schedule, procetlures 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. Curing 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 48 ConSlmcOon Sarvlc¢e AgraamanC Ravlsatl 0220'18 Q'd� Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may ba directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Pertormance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their pertormance 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 (M UTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. Thaw projects shall also comply with Collier County's Maintenance of Traffic Policy, ft5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at oolliergov.neVpurchasing. The Contractor will ba responsible for obtaining copies of all required manuals, MUTCD, FOOT 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 ba 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 3AVIN�S 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 pertormance of the Work. No markup shall ba 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 varloua 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 taxers. A Change Order shall ba 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 responsi bie 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 eMent as all other warranties provided by Contractor pursuant to the farms of conawcuon services P.areemem: nems®a o2zoie pVO the Contract Documents. In the ¢vent 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 272, Florida Statutes, and for Its responsibilities for Federal excise taxes. rR�--Z�J=ZK ] � Y ��7_CN �� 33.7 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 mmposition 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 Ifnas of severability, sequenGng effectiveness, access and availability constraints, total time for completion, construction martcet conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any parson or entity who is pertorming, 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 Changers, 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 perto rming any portion of the Work on this Project must be "qualiTied" as defined in Coliiar County Ordinance 2073-69, 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 inUegrity and reliabifty to assure good faith pertormance. 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 [hair addresses, licensing information and phone numbers, it Intends to utilize for the Project prior to anterin9 into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. Ther 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 ba 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 partormanca of the Work. 33.4 Contractor shall not anter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not ba required [o contract with anyone it reasonaby objects to. Contractor shall keep on fila a copy of the license for every Subcontractor and sub -subcontractor pertorming any portion of the Work, as wall as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and era subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (7) 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 ba partormad by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of st consr�,�no� samces no.eamaoc a®wsaa ozzota UVB Owner upon termination of Contractor, (3) provide that Owner will be an additional intlamnifletl party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will ba an additional insured on all liability insurance policies required to be provided by the Subcontractor except worlanan's compensation antl business automobile policies, (6) assign all warrantless 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 Sita must agree to provide field (on-site) supervision through a Hamad superintendent for each trestle (e.9�. 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. Tha supervisory employees of the Subcontrador (including field superintendent, foreman and schedulers at all levels) must have bean employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. Tha Subcontractor shall include a resume of experience for each employee identifletl 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 pertormanca 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 era limited exclusively to its actual costs for such changes plus no mora 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 remetlfas 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 SubconVador for delay or additional cost must ba submitted to Contractor within the time and in the manner in wfi ich Contradar must submit such claims to Owner, and that failure to comply with such contlitions for giving notice and submitting daims 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 currant 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 Subcontrador Licenses 62 OVJI Cons4ucgon Sarvlcsc AgreemenC Revlsetl 0220'18 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 .1 O Equipment Costs 34.1.11 Cost Proposal Request 34.7.12 Payment Request Reeords 34.7.13 Meeting Min utas 34.7.14 Cost -Estimates 34.7.15 Bulletin Quotations 34.1.16 Lab Tast Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.7.19 Permits 34.7.20 Material Purdrase Delivery Logs 34.127 Tach nical Standards 34.122 Design Handbooks 34.123 "As -Built" Marked Prints 34.1.24 Operating S Mal ntenanca Instruction 34.1.25 Daily Progress Reporta 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.7.28 Transmittal Records 34.1.29 Inspactlon 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 ba availa bla 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 par contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to ba 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 Ilnited to, the following information: Original contract amount, project schedule, project completion data and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 200452, as amended. Background checks are valid for flue (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 33 O Conai,uctlon SeKces Agreement; Revlsatl 0220'18 �tr'J under this Agreement. This may include, but not ba 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 far 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 (7j 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 a -mall (DL-FMOPSlr�coll'ere ov.net) whenever an employee assigned to Collier County separatesfrom their employment. This notification is critical to ensure the con[Inued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 par incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will ba coordinated upon award of the contract. If there era add'Rional fees for this process, the Contractor is responsible for all costs. 38. 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 ba brought in the appropriate federal or state courts in Collier County, Florida, which courts have sola and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $70 million or more shall be reviewed for conaidaration of a Value Engineering (VE) study conducted during Protect development. A "project" shall be defined as the collective contracts, which may include but not be limited ta: design, construction, and construction, engineering and inspection (CEIj services. Additionally, any project with an estimated construction value of $2 million or mora may ba reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS_ 38.7 Tha contractor shall ensu ra compliance with all NFPA regulations: specifically 170 8 30/30A; FDEP chapter 62 regulations: spacificalN 787. 782, 777, and 780; 376 8. 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 Tha contractor shall notify the Solid 8 Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing /will ba storing petroleum products or hazardous materials. The contractor shall provide a 70 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining [o the storage tank systems containing hazardous materials /petro laum 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. 69 Cons\ruction Servlcea ABreamant: RaNsatl 0220'18 OHO 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES Tha Contractor shall ¢mploy people to work on Owner's projects who era neat, clean, well-groomed and courteous. Su bjact to the Americans with Ofsabllities Act, Contractor shall supply competent employees who era 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 proJeds 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 resole¢ any such disputes by negotiation. The negotlatlon shall be attended by representatives of Contractor with full dacision- 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 disputa through Mediation before an agreed-upon Circuit Court Mediator certified by the States of Florida. Tha 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 th(s Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sola and exclusive jurisdiction on all such matters. 66 OVD ConalrucOon sarvlcac Hgraamenl: Revlaetl 022018