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Backup Documents 09/11/2018 Item #16A19 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 1 P TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO - THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management et't tpe 2. County Attorney Office County Attorney Office 94 ppy 4. 4. BCC Office Board of County Commissioners ) 9. /.4 ' 4. Minutes and Records Clerk of Court's Office118 :(1()I _ q iltf 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,ma need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso Contact Information 239-252-xxxx Contact/ Department r Agenda Date Item was 9/11/18 Agenda Item Number 16A19 Approved by the BCC Type of Document Construction Contract Number of Original }` 2 Attached Documents Attached PO number or account N/A 18-7286 Goodlette Florida Safety number if document is Frank Rd Signalization Contractors to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK M — ‘‘)/f- 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. _ 3. Original document has been signed/initialed for legal sufficiency. (All documents to be AR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A _ Office and all other parties except the BCC Chairman and the Clerk to the Board :5. The Chairman's signature line date has been entered as the date of BCC approval of the AR _ document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR _ signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 9/11/2018 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is r `J(C$ +` ��J"�c Chairman's signature. (� " El SEP 11 2018 \ Risk Management 16A19 MEMORANDUM Date: September 14, 2018 To: Ana Reynoso, Purchasing Tech Procurement Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #18-7286, Goodlette Frank Road Signalization Contractor: Florida Safety Contractors Attached, is an original copy of the contract referenced above, (Item #16A19) approved by the Board of County Commissioners on Tuesday, September 11, 2018. The second original contract has been held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16A19 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Florida Safety Contractors, Inc. ("Contractor") of 11825 Jackson Road, Thonotosassa, FL 33592 a Corporation, authorized to do business in the State of Florida, to perform all work("Work") in connection with Goodlette Frank Roadway Signalization Upgrade, Invitation to Bid No. 18-7286 ("Project"), as said Work is set forth in the Plans and Specifications prepared by David Plummer & Associates, 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 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision,financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Eight Hundred Eighty-Eight Thousand, Six Hundred Ninety-Seven Dollars and Thirty-One cents ($888,697.31). Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than 1 Construction Services Agreement:Revised 022018 16A . 9 $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents,the Contractor shall,within five(5)calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred and five (105) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within fifteen (15) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand and seventy-four dollars ($1,074.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty,which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday 2 Construction Services Agreement:Revised 022018 16A19 or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation 18-7286 Goodlette Frank Roadway Signalization Upgrade. Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms Exhibit B-2: Performance Bond Forms Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form C}y 3 Construction Services Agreement:Revised 022018 16Ai9 Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions ❑ Applicable®Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 18-7286 Goodlette Frank Roadway Signalization Upgrade. The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ['Exhibit K: Permits ['Exhibit L: Standard Details ®Exhibit M: Plans and Spedfications prepared by David Plummer&Associates,Inc and identified as follows: Goodlette- Frank Road at Fleischmann Blvd. as shown on Plan Sheets 1 through 25. Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL do Transportation Engineering Division 2885 S. Horseshoe Drive Naples, FL 34104 Attn: John Miller, Project Manger Phone: (239) 252-5178 Email: john.miller@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: Florida Safety Contractors, Inc. 11825 Jackson Road Thonotosassa, FL 33592 Attn: Brad Hite, Treasurer Phone: (813) 982-9172 Email: tdelbridge@floridasafetycontractors.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 Section. 4 °.� Construction Services Agreement: Revised 022018 ��, 16AP9 Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Construction Services Agreement:Revised 022018 1 os, k 1 6 A 1 9 Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. **** 6 Construction Services Agreement: Revised 022018 1 6 A 1 9 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below, CONTRACTOR: TWO ilk ESSES, Florida Safety Contract rs c. NA. Akvil By: FIRST WITNESS c,\ncte\ to112 t1vandorekc,v)a6- Print Name and Title Date Pript Name Rce, c\en- - 5L, SCOND WITNE Print Name Date: 9-1,14--toti OWNER: ATTEST: BOARD OFCf:, NT OMMIS4 - • OF COLLI CO 4 LO - Dwight E, Brock,Cle , BY: (1 " )k-AA.K_ 0 BY: A Andy Sobs, Esq, Date ci..0 gi• Attest es to irman' Chairman attire . Apprfvc,, as d Legality: ..4`iounty Attorney 3)41r`41% 1-441 s Prin Name Item# Agenda -1 Date Date 1 Rec'd eLttt ) / Deputy Clerk Constotiction Semees AgreementRevised 022018 " 16 Al 9 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement:Revised 022018 r 6 A 9 Addendum#2 //O ___ _ 18-7286-Attachment A-Bid Schedule Goodlette-Frank Road at Fleishman Boulevard Roadway and Signalization Improvements SIGNA LIZATION Line# Pay Item Description Unit Qty Unit Cost Extended Cost I 522-1 CONCRETE SWK 6"THICK SY 11.60 $ 70.00 5 812.00 2 630.2-11 CONDUIT(UNDER GROUND) LF 405.00 $ 27.49 S 11,133.45 3 630.2.12 CONDUIT(UNDER PAVEMENT)(3") LF 810.00 5 34.35 S 27,823.50 4 632-7-I CABLE(SIGNAL) P1 1.00 $ 9,305.25 S 9,305.25 5 633-1-121 ITS FIBER OPTIC CABLE(SM 12 STRAND) LF 50.00 $ 6.68 S 334.00 633-3-I l ITS FIBER OPTIC CONNECTION HARDWARE EA 1,00 $ 1,470.59 $ 1,470.59 6 (SPLICE ENCLOSURE) 633-3-14 ITS FIBER OPTIC CONNECTION HARDWARE EA 1.00 $ 100.25 S 100.25 7 (BUFFER TUBE FAN OUT KIT) 633-3-16 ITS FIBER OPTIC CONNECTION HARDWARE EA 1.00 S 1,584.22 S 1,584.22 8 (FIBER PATCH PANEL) 9 634-4-600 REMOVE SPAN WIRE ASSEMBLY EA 1.00 $ 1,040.53 $ 1,040.53 10 635-2-11 PULL AND JUNCTION BOXES EA 32.00 $ 908.26 5 29,064.32 ELECTRICAL POWER SERVICE 639-1-123 I I (PURCHASED FROM FPL) AS 1.00 $ 1,720.01 $ 1,720.01 12 639-2-1 ELECTRICAL SERVICE WIRE LF 740.00 5 4.93 S 3,648.20 13 639-3-11 ELECTRICAL SERVICE DISCONNECT EA , 2.00 5 674.09 5 1,348.18 14 641-2.12 CONCRETE STRAIN POLE (P H SERVICE POLE) EA 2.00 5 1,755.78 $ 3,511.56 15 641-2-60 , REMOVE CONC.PEDESTAL (TYPE P-II PEDESTAL) EA 2.00 $ 520.27 S 1,040.54 REMOVE CONC.SIGNAL POLE 641-2-88 16 [COMPLETE](TYPE P-VIII) EA 2.00 $ 5,228.13 S 10,456.26 17 646.1-11 ALUMINUM SIGNAL POLE(PEDESTAL) EA 5.00 $ 1,406,07 S 7,030.35 18 646-1-60 REMOVE PEDESTRIAN DETECTOR POST EA 1.00 S 346.84 S 346.84 19 649-31-103 MAST ARM ASSEMBLY,F&I[SINGLE ARM W/O LUM] EA 2.00 $ 42,491.05 S 84,982.10 20 649.31-116 MAST ARM ASSEMBLY,F&I[DOUBLE ARM W/O LUM] EA 1.00 $ 60,742.57 5 60,742.57 21 650-1-14 TRAFFIC SIGNAL 12"$[I WAY 3-SECTION](LEDTYPE) AS 10.00 $ 1,065.87 5 10,658.70 650-1.16 TRAFFIC SIGNAL 12"STD. [I AS 2.00 $ 1,337.40 S 2,674.80 22 WAY 4-SECTION](LED TYPE) 23 650-1-60 REMOVE TRAFFIC SIGNAL HEAD ASSEMBLY EA 8.00 5 86.71 5 693.68 24 653-1-11 PEDESTRIAN SIGNAL HEAD ASSEMBLY AS 6.00 $ 695.72 $ 4,174.32 25 653-1-60 REMOVE PEDESTRIAN SIGNAL HEAD ASSEMBLY AS 4.00 $ 86.71 $ 346.84 26 660-1-109 INDUCTIVE LOOP DETECTOR AS 3.00 $ 152.07 S 456.21 27 660-2-106 LOOP ASSEMBLY(6'X40') AS 4.00 $ 1,557.27 S 6,229.08 VEHICLE DETECTION SYSTEM-MICROWAVE 28 660-3-10 (DILEMMA ZONE) EA 2.00 S 14,332.03 $ 28,664.06 29 660.4-10 VEHICLE DETECTION SYSTEM-(VIDEO) EA 1.00 $ 12,899.80 S 12,899.80 30 663-1-110 VEHICLE DETECTOR ASSEMBLIES(PRE-EMPTION) EA 1.00 $ 11,822.65 $ 11,822.65 31 665.1-11 PEDESTRIAN DETECTOR[WITH SIGN] EA 8.00 S 366.54 $ 2,932.32 32 665-1-60 REMOVE PEDESTRIAN DETECTOR ASSEMBLY EA 1.00 $ 43.36 S 43.36 33 670-5-110 TRAFFIC CONTROLLER ASSEMBLY [ACT SS] AS 1.00 $ 24,310.74 $ 24,310.74 34 670.5-600 REMOVE TRAFFIC CONTROLLER ASSEMBLY AS 1.00 S 1,040.53 $ 1,040.53 35 682-1.13 ITS CCTV CAMERA EA 1.00 S 8,415.78 S 8,415.78 36 684-1-1 11 63 ' ` r `"i I"'""`' 1,11,1 I it EA 1.00 S 3,068.18 5 3,068.18 685-106 SYSTEM AUXILIARIES EA 1.00 S 11,688.37 S 11,688.37 37 [UNINTERRUPTIBLE POWER SOURCE-UPS] 38 685-120 SYSTEM AUXILIARIES [TELEMETRY TRANSCEIVER) EA 1.00 $ 4,176.77 S 4,176.77 39 685-128 SYSTEM AUXILIARIES[INTERFACE PANEL] EA 1.00 S 888.06 $ 888.06 700-3-201 SIGN PANEL[LEFT TURN YIELD EA 2.00 S 374.21 $ 748.42 40 ON FLASHING YELLOW(MAST ARM MOUNTED)] 700-5-21 INTERNALLY LED ILLUMINATED SIGNS EA 1.00 $ 3,174.67 $ 3,174.67 41 [STREET NAMES][UP TO 12FT] 700-5-22 INTERNALLY LED ILLUMINATED SIGNS EA 3.00 $ 3,024.06 5 9,072.18 42 [STREET NAMES][121T TO I8FT]] 43 SIGNALIZATION TOTAL $ 405,674.24 ROADWAY IMPROVEMENTS Line# Pay Item Description Unit Qty Unit Cost Extended Cost 44 101-1 MOBILIZATION(10%) LS 1.00 $ 75,000.00 $ 75,000.00 45 102-1 MAINTENANCE OF TRAFFIC(5%) LS 1.00 $ 35,000.00 5 35,000.00 46 110-I-I CLEARING&GRUBBING AC 0.18 $ 160,000.00 $ 28,800.00 47 120-6 EMBANKMENT CY 419.00 S 55.00 $ 23,045.00 48 120-I EXCAVATION CY 100.00 $ 40.00 5 4,000.00 49 121-70 FLOWABLE FILL CY 33.00 $ 290.00 5 9,570.00 l� Ae c , i. 16A19 Addendum#2 50 160-4 TYPE B STABILIZATION SY 636.00 $ 28.00 S 17,808.00 51 285-709 OPTIONAL BASE,BASE GROUP 09(TYPE 13 12.5) SY 636.00 S 55.00 5 34,980.00 52 327-70-1 MILLING EXIST ASPH PAVT,I"AVG DEPTH SY 3,530.00 $ 4.00 S 14,120.00 53 334-1-13 SUPERPAVE ASPHALTIC CONC,TRAFFIC C TN 104.00 $ 145.00 S 15,080.00 337-7-73 ASPHALT CONCRETE FRICTION COURSE, TN 229.00 S 150.00 5 34,350.00 54 TRAFFIC C,FC-9.5,PG 76-22,ARB 55 425-1-461 INLETS,CURB,TYPE J-6,<I0' EA 1.00 $ 9,500.00 S 9,500.00 56 425-11 MODIFY EXISTING DRAINAGE STRUCTURE EA 1.00 S 3,500.00 S 3,500.00 57 430-174-115 PIPE CULVERT,R.C.P.,ROUND,15"SD LF 76.00 $ 520.00 $ 39,520.00 58 520-1-7 CONCRETE CURB&GUTTER,TYPE A LF 705.00 $ 14.00 S 9,870.00 59 520-1-10 CONCRETE CURB&GUTTER,TYPE F LF 315.00 5 26.00 $ 8,190.00 60 520-2-4 CONCRETE CURB&GU I l bR,TYPED LF 32.00 $ 25.00 S 800.00 61 522-1 CONCRETE SIDEWALK AND DRIVEWAYS,6"THICK SY 79.00 $ 70.00 S 5,530.00 62 527-2 DETECTABLE WARNINGS SY 75.00 5 26.00 S 1,950.00 63 570-1-2 PERFORMANCE TURF,SOD SY 1,537.00 S 5.00 5 7,685.00 64 630-2-11 CONDUIT(UNDER GROUND)LIGHTING LF 415.00 $ 18.77 S 7,789.55 65 635-2-11 PULL AND JUNCTION BOXES LIGHTING EA 5.00 5 1,428.53 5 7,142.65 66 706-3 RETRO-REFLECTIVE PAVEMENT MARKERS EA 48.00 $ 5.00 $ 240.00 711-1 l 1]1 THERMOPLASTIC PAVEMENT MARKINGS, LF 1,020.00 $ 1.20 S 1,224.00 67 STANDARD,WHITE,SOLID,6" 711-11-123 THERMOPLASTIC PAVEMENT MARKINGS, LF 541.00 $ 2.20 $ 1,190.20 68 STANDARD,WHITE,SOLID,12" 711-11-125 THERMOPLASTIC PAVEMENT MARKINGS, LF 716.00 S 4.40 5 3,150.40 69 STANDARD,WHITE,SOLID,24" 711-11-131 THERMOPLASTIC PAVEMENT MARKINGS, LF 60.00 S 1.20 $ 72.00 70 STANDARD,WHITE,SKIP, 6",10-30 OR 3-9 SKIP 711-11-170 THERMOPLASTIC PAVEMENT MARKINGS, EA 9.00 $ 120.00 S 1,080.00 71 STANDARD,WHITE,ARROWS 711-i 1-211 THERMOPLASTIC PAVEMENT MARKINGS, LF 1,090.00 S 1.20 S 1,308.00 72 STANDARD,YELLOW,SOLID,6" 711-11-211 THERMOPLASTIC PAVEMENT MARKINGS, LF 21.00 S 2.30 $ 48.30 73 STANDARD,YELLOW,SOLID,18" 711-11-241 THERMOPLASTIC PAVEMENT MARKINGS, LF 200.00 $ 1.20 $ 240.00 74 STANDARD,YELLOW,DOTTED/GUIDELINE,6" 75 715-1-12 LIGHTING CONDUCTIORS AWG 6 LF 415.00 $ 1.67 $ 693.05 76 715-4-400 LIGHT POLE COMPLETE,RELOCATE EA 2.00 S 4,798.46 $ 9,596.92 77 1050-31-208 UTILITY PIPE,PVC C-900 6"(WATER MAIN) LF 55.00 S 190.00 $ 10,450.00 78 1055-I 1-214 UTILITY FITTINGS,45 BEND PVC 6"(WATER MAIN) EA 2.00 $ 1,200.00 $ 2,400.00 1055.1 I-294 UTILITY FITTINGS,CUT AND CONNECT, EA 1.00 $ 2,100.00 $ 2,100.00 79 PVC 6"(WATER MAIN) 80 ROADWAY TOTAL $ 427,023.07 81 999-99 ROADWAY AND SIGNAL ALLOWANCE LS 1.00 $ 56,000.00 $ 56,000.00 82 TOTAL COST OF PROJECT(SIGNALIZATION TOTAL+ROADWAY TOTAL+ALLOWANCE) $ 888,69731 {¢s 16A19 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) A 9 Construction Services Agreement:Revised 022018 16A19 cotwe-rCofty Email: adamnorthrup@colliergov.net Administrative Services Division Telephone: (239)252-6098 Procurement Services Addendum#1 Date: 02/23/2018 From: Adam Northrup,Procurement Strategist To: Interested Bidders Subject: Addendum# 1 Solicitation#18-7286 Goodlette-Frank Road at Fleischman Boulevard Roadway& Signalization Improvement The following changes are made to the above-mentioned Collier County solicitation: Qualification Removal:Remove LVP—Collier County requirement,from "Required Vendor Qualifications", this qualification category should not have been included on this solicitation. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. Digitally signed by Tracie L Tracie L Delbridge Delbridge Date:2018.05.16 12:32:49-04'00' 16A19 C® L1er County Email: adamnorthrup@colliergov.net Administrative Services Division Telephone: (239)252-6098 Procurement Services Addendum #2 Date: 02/01/2018 From: Adam Northrup,Procurement Strategist To: Interested Bidders Subject: Addendum# 2 Solicitation#18-7286—Goodlette-Frank Road at Fleischman Boulevard Roadway& Signalization Improvement The following changes are made to the above-mentioned Collier County solicitation: Form Removal:Remove "references"form from documents tab of this solicitation. All references should be included on the form titled "Statement of Experience of Bidder", included in the solicitation document. Qualification Removal:Remove GC-LICENSE requirement from "Required Vendor Qualifications", this qualification category should not have been included on this solicitation. Chance to Project Plans:Based on new Collier County Standards, document "18-7286 Exhibit M— Plans Goodlette at Fleischmann"page 4—Pay Rein 522-1 and page 13—pay item 522-1 is being changed from 4"thick to 6"thick. Bid Schedule Chanje: Bid schedule document "18-7286 Attachment A—Bid Schedule.xlsx"has been replaced by document titled "18-7286 Attachment A—Bid Schedule (Addendum#2). The following changes have been included in the new document: Based on the afore mentioned change to the plans document, line I and 61 are changed from 4" thick to 6"thick. Correct rounding error in bid schedule, all quantities are now out to 2 decimal points. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: John Miller, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. cD (Signature) ` . 'Gtc2i } i arYleaSitVLtt Date (Name of Firm) ^Y 16A19 BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Goodlette-Frank Road at Fleischman Boulevard Roadway&Signalization Improvements BID NO.18-7286 Full Name of Bidder Florid Safety Contractors, Inc. Main Business Address 11825 Jackson Road Thonotosassa, FL 33592 Place of Business Same as above Telephone No. 813-982-9172 Fax No. 813-982-9183 State Contractor's License# C.AcAs1losut o FC 13t 1 tig9 State of Florida Certificate of Authority Document Number Federal Tax Identification Number 57-1191566 DUNS# CCR# Cage Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds,and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery,tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided,rounding to two decimal points will be conducted by Procurement Services Division staff. 16A19 MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications,including compliance with Florida Statute 255.20 to provide lumber,timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below, If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A(Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm,I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Florida Safety Contractors, Inc. illp Signature: If 1 Date: 02/23/2018 10 Brad Hite,Treasurer Section B(Exception requ ted to Bid specifications manufacturers and materials) EXCEPTION MA RIAL EXCEPTION $. ANUFACTURER '‘'''''\\\.7' 1. 2. 3. 4. 5. Please insert additional pages as ecessary. Company: Signature:_ b to 1 - A19 LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are"qualified"(as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders)and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses,certifications,registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non- compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical Florida Safety Contractors,Inc. 2. Mechanical N/A 3. Plumbing N/A 4. Site Work Florida Safety Contractors,Inc. 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: Florida Safety Contractors, Inc.` Signature: ( ''645Date: 02/23/2018 Brad Hite,Treasurer F:'N 16A19 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five (5)years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location Reference(include phone#or email address) 1. * PLEASE SEE ATTACHED LIST OF COMPLETED JOBS* 2. 3. 4. 5. 6. Company: Florida Safety Contractors,Inc. Signature: Date: 02/23/2018 (771;6:5Brad Hite,Treasurer 0 0, 16A19 Updated:2/112018 REFERENCES I COMPLETED PROJECTS PROJECT:15-017 Hollingsworth Rd @ Lake Hollingsworth Intersection Improvements CONTRACT AMOUNT: $519,398.90 OWNER: City of Lakeland START: 05/03/15 CONTACT: Joe Baan COMPLETED: 08119/15 EMAIL: Joe.Baant0lakelandgov.net PHONE#: (863)834-6041 DESCRIPTION OF WORK: Roadway Construction Beautification to New Sidewalks PROJECT:14-095 Sydney Road&Valrico Road North Signalization CONTRACT AMOUNT: $279,286.76 OWNER: Hillsborough County START: 91120115 CONTACT: John Lyons COMPLETED: 09/01/15 EMAIL: Iyonsil5lhcflgov.net PHONE#: (813)307.4754 DESCRIPTION OF WORK: Milling and resurfacing,sidewalk construction,installation of new traffic signals with mast arms,and signing and pavement markings PROJECT:15-061 Plathe Road Paving Project CONTRACT AMOUNT: $329,491.00 OWNER: City of New Port Richey START: 07/27/15 CONTACT: Susan L.Marshall COMPLETED: 11106/15 EMAIL: marshallskOcityofnewportrichcv.orq PHONE#: (727)853-1055 DESCRIPTION OF WORK: Construction for an asphalt concrete road Including the preparation of sub grade,base work,asphalt paving and pavement striping PROJECT:14-061 11592-SR 45(US 411-Signal,Lighting,Roadway CONTRACT AMOUNT: 51,644,078.00 OWNER: FOOT D-1 START: 06125/14 CONTACT: Elizabeth Leopold COMPLETED: 11(12115 EMAIL: Ellzabeth.Leopold/odot.stateA.us PHONE#: (853)519-2598 DESCRIPTION OF WORK: Milling and resurfacing,signalization,lighting,Intelligent transportation system modifications,curb and gutters,sidewalks,and signing and pavement marking PROJECT:15-040 Sun City Center Inlet Top Modifications CONTRACT AMOUNT: $627,311.36 OWNER: Hillsborough County START: 06/22/15 CONTACT: John Lyons COMPLETED: 11119115 EMAIL: lyonsirhlhcflgov.net PHONE#: (813)307-4754 Replace existing curb inlet tops at various locations.Perform minor road restoration,grading,and sod DESCRIPTION OF WORK: work.Compile record drawing maps that consist of each inlet location,structure identification number,constructed Inlet top elevation,dimensions and type. PROJECT:15-032 Morgan Johnson Sidewalk Project CONTRACT AMOUNT: $217,676.80 OWNER: Manatee County START: 06122/15 CONTACT: Theresa Webb COMPLETED: 11124115 EMAIL: iheresa.webbrAmymanatee.orq PHONEY: (941)748-4501 Ext.3056 DESCRIPTION OF WORK: Construction of approximately 3,138 linear feet of new sidewalk,clearing and grubbing,grading, drainage modifications,minor utility relocation,sodding and signing. PROJECT:15.043 South Tredeport Drive(BP-449) CONTRACT AMOUNT: $711,604.50 OWNER: Orlando International Airport START: 06/29115 CONTACT: Benjamin Brown COMPLETED: 11127115 EMAIL: benjamin.brown40goaa,oro PHONE#: (407)825-4155 DESCRIPTION OF WORK: Rebuilt 4-1ane Road and replaced curb PROJECT:15.090 Exultant Drive Sidewalk Project CONTRACT AMOUNT: $220,842.90 OWNER: Hernando County START: 10121/15 CONTACT: James S.Wunderlo COMPLETED: 01/06116 EMAIL: jwunderlef0hemandocounlv.us PHONE/1: (352)754.4020 DESCRIPTION OF WORK: Installation of sidewalks PROJECT:15.031 CR 565(Villa City Rd)Widening&Resurfacing CONTRACT AMOUNT: $1,574,539.50 OWNER: Lake City START: 06/03115 CONTACT: Paul Erickson COMPLETED: 01/29/16 EMAIL: pericksonblakecountyfl.gov PHONE#: (352)854.4060 DESCRIPTION OF WORK: Roadway Widening,Resurfacing&Sidewalk Construction PROJECT:15.107 2014/2015 Roadway Damage Reconstruction Emergency Repairs(July Storm Damage) CONTRACT AMOUNT: $665,096.80 OWNER: City of New Port Richey START: 10124/15 CONTACT: Susan L.Marshall COMPLETED: 02109116 EMAIL: nzarstzalisbilecityornewportrichey.orq PHONE#: (727)853-1055 DESCRIPTION OF WORK: Saw cutting,removing,and replacing asphalt,removing and replacing 8"of limerock,MOT,Mobilization and placement of 5 speed humps PROJECT:14-088 Falkenberg Road at Leroy Ave./Reeves Road Intersection Improvement Project CONTRACT AMOUNT: 5718,811.13 OWNER: Hillsborough County START: 10127114 CONTACT: John Lyons COMPLETED: 03126/16 EMAIL; lyonsirllhcflgov.net PHONE#: (813)307-4754 DESCRIPTION OF WORK: Northbound and southbound turn lane on Falkenburg Road and a traffic signal.Pedestrian features are also included at all four quadrants of the intersection. PROJECT:15.117 T1640-SR 78 CONTRACT AMOUNT: $355,131.00 OWNER: FOOT D-1 START: 12103115 CONTACT: Elizabeth Leopold COMPLETED: 03128116 EMAIL: Ellrabeth.le000ld5dotstare.II us PHONES: (863)519.2598 DESCRIPTION OF WORK: Addition of a westbound left turn lane including widening,milling and resurfacing,base work,shoulder treatment,curb and gutter,signals.and signing and pavement marking 0 i6A19 T1611-Milling,Resurfacing,Widening,Base Work,drainage improvements curb and gutters,sidewalks PROJECT:15-063 CONTRACT AMOUNT: 51,066,318.00 and signing and pavement markings on SR 60 OWNER: FOOT 0-I START: 07120/15 CONTACT: Elizabeth Leopold COMPLETED: 04108/16 EMAIL: Eilrabeth.teonaldasdot.state.fl.us PHONES: (863)519-2598 DESCRIPTION OF WORK: Milling and resurfacing,widening,base work,drainage improvements,curb and gutters,sidewalks,and signing and pavement markings PROJECT: 15-101 US 301 and Ft.Hamer Road Signalization CONTRACT AMOUNT: $509,151.54 OWNER: Manatee County START: 11/23115 CONTACT: Theresa Webb COMPLETED: 04115/16 EMAIL: theresa,webb(ramvmenalve, PHONES: (941)748.4501 ExL 3056 DESCRIPTION OF WORK: Installing traffic signals and minor intersection improvements • PROJECT:15-047 Cedar Creek Blvd.and Henderson Avenue Signalization Protect CONTRACT AMOUNT: $383,935.25 OWNER: Hillsborough County START: 06/031/5 CONTACT: John Lyons COMPLETED: 04122/16 EMAIL: Ivnns(ihcflgov.nei PHONES: (813)307-0754 Installation of signal poles and mast arm assemblies,pedestrian features at all approached(including pedestrian signal and ADA improvements consisting of minimal sidewalk improvements,pedestrian DESCRIPTION OF WORK: landing areas and installation of truncated dome tactile warnings).Supply and install a new controller. Minimal clearing and grubbing,sodding,and/or seeding.Installation of Miami curb and curb and gutter at intersection.Minimal drainage improvements that include minor ditch regrading and pipe Installation. PROJECT:15-060 Turkey Creek Road and Sydney Road Interim Intersection Improvements CONTRACT AMOUNT: 5387,130.76 OWNER: Hillsborough County START: 09/14115 CONTACT: John Lyons COMPLETED: 05/19/16 EMAIL: lyonsj(®hcllgov.net PHONES: (813)307-4754 DESCRIPTION OF WORK: Mast arm installation,sidewalk,cross walks,and pedestrian signals. PROJECT:15-100 Bella Vista Trail from MLK Ave to W Lake Park Drive CONTRACT AMOUNT: $499,701.50 OWNER: City of Lakeland START: 10126115 CONTACT: Joe Baan COMPLETED: 05/19116 EMAIL: loe,Baanlalakelandzov.net PHONES: (863)834-6041 DESCRIPTION OF WORK: Installed 30"RCP&Inlets 10'deep,road widening,curb,sidewalk,milling&paving PROJECT:15.128 SR 64 91#57th Street East and Morgan Johnson Road Intersection Improvements CONTRACT AMOUNT: 5264,833.66 OWNER: Manatee County START: 11103115 CONTACT: Theresa Webb COMPLETED: 06127116 EMAIL: theresa.webb{69mvmanatee.orq PHONE#: (941)748-4501 Ext.3056 DESCRIPTION OF WORK: Road widening,enclosing drainage ditch,storm sewer construction,and modifications to the traffic Signals. PROJECT:15-129 12603-SR 20 to 15th Street CONTRACT AMOUNT: $521,217.55 OWNER: FOOT 13.2 START: 03/29/16 CONTACT: Jim Brown COMPLETED: 07101/16 EMAIL: James.BrownWdot.state.fl.us PHONES: (386)758-3798 DESCRIPTION OF WORK: Traffic signal replacement,curb ramp reconstruction and signing and pavement markings PROJECT:14-137 Intersection Improvements(Little Road at Massacusetts Avenue and Decubellis Roadl CONTRACT AMOUNT: $668,125.07 OWNER: Pasco County START: 06122115 CONTACT: Christopher S.Wert COMPLETED: 07127/16 EMAIL: cwert(57pascocountyfi.net PHONE#: (727)834-3604 DESCRIPTION OF WORK: Addition of westbound and southbound turn lanes and re-stripping.Roadway,drainage,signage, pavement marking,signalizaticn and lighting items. PROJECT:16.100 SR 72 Emergency Pipe Repair(111188)FPI#437664-2-G2-01 CONTRACT AMOUNT: 51,178.000.00 OWNER: Florida Department of Transportation START: 09106116 CONTACT: Gregory Falcone COMPLETED: 09113/16 EMAIL: a regorvla IconeIBdot,ntate.fI.us PHONE#: (941)465-0734 DESCRIPTION OF WORK: Double run of 60"RCP&End Walls,Mill&Pave PROJECT: 15-106 Marjory Ave Roadway Reconstruction,15-C-00039 CONTRACT AMOUNT: 5389,910.00 OWNER: City of Tampa START: 12109/15 CONTACT: Mike O'Keefe COMPLETED: 09119116 EMAIL: micheal.okeeferatampagov,net PHONES: (813)625-4155 DESCRIPTION OF WORK: Remove&reset Granite Curb,rebuild road,replace OW,Mill&Pave PROJECT:15.136 Crystal Lake Dr.Bike Lanes Lake Hollingsworth Or to New Jersey Road(Project No.028508) CONTRACT AMOUNT: $989,037.00 OWNER: City of Lakeland START: 02101116 CONTACT: Joe Baan COMPLETED: 09127116 EMAIL: Joe,BaanWlakelandgov.net PHONE#: (863)834-6041 DESCRIPTION OF WORK: Installed 30"RCP&Inlets 10'deep,road widening,curb,sidewalk,milling&paving PROJECT:15.134 Intersection Improvements(Parkway Boulevard/Shining Star Drive) CONTRACT AMOUNT: $267,746.66 OWNER: Pasco County START: 04104116 CONTACT: Christopher S.Wert COMPLETED: 11121/16 EMAIL: cwertfgipascocountyfl.net PHONE#: (727)834.3604 DESCRIPTION OF WORK: Construction of an approaching southbound lane PROJECT:16-002 Durant&Valrico Roads/Bryan&Brooker Roads CONTRACT AMOUNT: 5892,083.50 OWNER: Hillsborough County START; 04111116 CONTACT: John Lyons COMPLETED: 12116116 EMAIL: Ivonsl(mhcRgov.net PHONES: (813)307-4754 DESCRIPTION OF WORK: Signal Improvements 4, Via- a P. t 16A19 PROJECT:15.124 Ehrlich Road and Summerwind Drive CONTRACT AMOUNT: 5289,103,83 OWNER: Hillsborough County START: 04106116 CONTACT: John Lyons COMPLETED: 12/19116 EMAIL: lyonsi5thcflgov.net PHONES: (813)3074754 Construction of traffic signal with mast arms,concrete DESCRIPTION OF WORK: sidewalk with type F curb and gutter,minor drainage work,ADA ramps,and signing and pavement marking PROJECT:16-042 Orlando Blvd from Peachland Blvd(T1649) CONTRACT AMOUNT: $1,164,267.00 OWNER: FOOT 0-1 START: 512712016 CONTACT: Juan Cadllo COMPLETED: 1/2312017 EMAIL: juan.carilloEdot.state.fl.us PHONE#: (239)985.7884 DESCRIPTION OF WORK: Stormwater,Grading,SW,Curb,DW PROJECT: 15-127 SR 16&Inman Road Intersection Improvements CONTRACT AMOUNT: 5844,937:00 OWNER: St.Johns County BOCC START: 1/2012016 CONTACT: Doug Tarbox COMPLETED: 1/2612017 EMAIL: dtarboxl®sicft.us PHONE#: (904)209-0124 DESCRIPTION OF WORK: Signal Improvements,Rebuild Road,Stormdrain,Curb,Stormwater,Milling&Paving PROJECT: 15-027 Mast Arm Replacements(Ridge Road at Congress and Regency Park Boulevard) CONTRACT AMOUNT: $705,463.99 OWNER: Pasco County START: 11109/15 CONTACT: Christopher S.Wert COMPLETED: 04/28/17 EMAIL: cwert4lpascocountvfl.net PHONE#: (727)834.3604 DESCRIPTION OF WORK: Replacing mast arm signals:roadway,signatization,signing.and pavement marking items. PROJECT: 17-008 S.Magnolia Avenue Mobility Improvement Project CONTRACT-AMOUNT: 9409,949.00 OWNER: City of Ocala START: 02127117 CONTACT: Conin Fitsemons COMPLETED: 06108/17 EMAIL: cmfitsemons6ocalafl.orq PHONE#: (352)629-8364 DESCRIPTION OF WORK: Highway and road new construction,parking lot and road maintence. PROJECT:15-078 E4R04-Replacement of Overhead Sign Structures Dislrictwido CONTRACT AMOUNT: $1,604,618.46 OWNER: FDOT 0-4 START: 09/24/15 CONTACT: Margaret Simpkins COMPLETED: 06128/17 EMAIL: Maraare:Simnkins6dor.vvreflus PHONE#: (954)777-4612 DESCRIPTION OF WORK: Replacement of overhead sign structures In Broward,Palm Beach,and Marlin County. PROJECT:17-004 SR 574 Utility Relocation CONTRACT AMOUNT: $372,521.00 OWNER: City of Plant City START: 05/31117 CONTACT: W.A."Buddy"Storey,Jr. COMPLETED: 08130/17 EMAIL: wstornyl0iplantcityuov.com PHONE#: (813)659-4270 Construction of the relocation of approximately 1,000 linear feet of now 12-inch PVC water main in 3 locations on State Route 574, DESCRIPTION OF WORK: Sanitary sewer repairs at two locations on State Route 574 including the replacement of approximately 650 linear feet of buried piping including all restoration and incidental work. PROJECT:17-032 CR 210 at CR 2209 Intersection Improvements CONTRACT AMOUNT: $426,750.00 OWNER: St.Johns County Board of County Commissioners START: 7131/2017 CONTACT: Jaime Locklear COMPLETED: 10/25/2017 EMAIL jxiammanco@s:c0.us PHONE#: (904)209.0152 DESCRIPTION OF WORK: Removal and replacement of existing pavement,existing curb&gutter,existing concrete traffic separator,existing signage. 0 16A19 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure (Ouantity) Cost (Description) (LF.SY) 1. _shaping LF 76 $2.00 $152.00 2. 3. 4. 5. TOTAL S $152.00 Failure to complete the above may result in the Bid being declared non-responsive. Company: Florida Safety Contractors, Inc. Signature: Dated 02/23/2018 Brad Hite,Treasurer l a p9 y 16A19 Collier County Solicitation 18-7286 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Florida Safety Contractors, Inc. (herein after called the Principal) and The Guarantee Company of North America USA , (herein called the Surety), a corporation chartered and existing under the laws of the State of MI with its principal offices in the city of Southfield, MI and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Board of County Commissioners (hereinafter called the Owner), in the full and just sum of Five Percent of the Amount Bid dollars ($ 5% ) good and lawful money of the United States of America,to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors,administrators, and assigns,jointly and severally and firmly by these presents. Whereas,the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install,and fully complete the Work on the Project known as Bid No. 18-7286 Goodlette-Frank Road at Fleischman Boulevard Roadway&Signalization Improvements. NOW,THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid,and give such bond or bonds in an amount of 100%the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or,in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 1,074.00 noted above as liquidated damages,and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void,otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 23rd day of February 20 18 , Florida Safety Contractors, Inc. Principal BY (Seal) i Brod-'rule Fr c cS'1/44rt% The Guarante- Co .�.any of North America USA Surety Kevin WOjtowicz;'Attorney-in=Facf&FL Licensed Resident Agent (Seal) Countersigned N/A Local Resident Producing Agent for Nielson,Wojtowicz,Neu&Associates 1123/2018 7:39 AM p.26 1/("`> 16A19 THE The Guarantee Company of North America USA s GUARANTEE() Southfield, Michigan POWER OF ATTORNEY NOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint Kevin R.Wojtowicz,Tracey C.Brown,David R.Turcios,Jessica Pamela Reno,Daniel F.Oaks Nielson,Wojtowicz,Neu&Associates its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31d day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attomey(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner—Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and r,TEFC , its corporate seal to be affixed by its authorized officer,this 2nd day of October,2015. io THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C.Ruschak,President&Chief Operating Officer Randall Musselman,Secretary County of Oakland On this 2nd day of October,2015 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. .,c, Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee A..:,-....:5-* Notary Public,State of Michigan Company of North America USA offices the day and year above written. Ei ' 4 County of Oakland uac7a �J 'ate. .a>t•' My Commission Expires February 27,2018 -� �rc./uc-C...� Acting in Oakland County I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. ri o� TEEcoa IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 23r "day of I"ebr'UCJ , ,2O18 ti� 0'i: I Gam. �a''.N Randall Musselman,Secretary --,.. 16A19 Upon notification that its Bid has been awarded,the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that,since time is of the essence,Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement,Insurance Certificates,and Bonds as required hereunder.The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement,Insurance Certificates,and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within one hundred five(105)consecutive calendar days,computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within fifteen (15) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of' \ori dc, County of-t-k—kt , 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-onbehalf of such Bider and that this deponent is authorized to make them. r n: Z1CC.1C�1k"�"\t , 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 \c'ri c}.c, ,which operates under the legal name of'`C�Y`�C1C1 Stt.rL3(.c r r1Y C�e+t r;,}'(1( • , and the full names of its officers are as follows: J President tN,l kCY)Cve 1 •t`'G+0116r* Secretary !C.q" ik xi dc.C Treasurer Cr(n ... Manager I--t C Y L �iF1�a kSc,r� The "Tre ckSf e v' is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken I O 11(2,ot lv ,a certified copy of which is hereto attached(strike out this last sentence if not applicable). (b)Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: / ;. °5 16A19 (c)Individual The Bidder is an individual whose full name is , and if operating under a trade name,said trade name is . Complete for information contained in(a)Corporation,(b)Co-Partnership or(c)Individual from previous page. DAT till • D !, ) ': �luc\C�C�� X 1 4 -kjC uc. (s,1n(. Legal Entity �r t'r �• BY: rCL66 -I AC_ i —hit in Name of Bidder(Typed) Witness 111. Signature - r' _ '"T7'7.'6'cksvyr r STATE OF 1—)ori- dA.... Title r COUNTY OF 14441 9.hortrrt.5 hr The foregoing instrument was acknowledged before me this 2L day of l d'1LU'li , 20 12 , by '"- reA.¢l`4kti , as 'T�t'easurtl of '�-1n+r�Ctn$ 4-43 Corrilrealle,M,Inca Tiokto, corporation,on behalf of the corporation. &she is personally known to me or has produced V....W4 as identification and did(did not)take an oath. `yam , ^ (� , My Commission Expires: rahit� (�,t`�,' p�t,I 't (Signaturepf2Ni cu.) S NAME: matter 111 d C Y (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public,State of /474"at._.. •, P_, t Commission No.: 64 i J No/GJ �\, `( '�` =nA PO• STARRANN SANDERS ��+ Commission#GG 110619 Ly ' Nj I 7 Expires October 1,2021 J l+: > ''For r PPA Bonded tteu Budget NOM SeMces C.-',. -� N 1, 0 16A19 p'zpi Cdttle-r Count) Administrative Services Department Procurement Services Dilision FORM 9-CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that,to the best of its knowledge and belief,the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules —The firm has not set the "ground rules" for affiliated past or current Collier County project identified above(e.g., writing a procurement's statement of work, specifications,or performing systems engineering and technical direction for the procurement)which appears to skew the competition in favor of my firm. Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals/past performance of itself or a competitor,which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor(or an affiliate)with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit,the contractor/vendor must provide the following: I. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned project;and, 2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non-public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: Florida Safety Contractors, Inc. v _ Signature and Date: 02/27/2018 Brad Hite -- Print Name: Title of Signatory: Treasurer 16A19 comer Cota2t�r Administrative Services Department Procurement Ser,fces Division FORM 10-VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples,Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith,without collusion or fraud. The Vendor agrees, if this solicitation submittal is accepted,to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete,submit a proposal,be awarded,or perform as a sub-vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 27th day of February ,20 1Z3n the County of Hillsborough , in the State of Florida Firm's Legal Name: Florida Safety Contractors, Inc. Address: 11825 Jackson Road City, State,Zip Code: Thonotosassa, Florida 33592 Florida Certificate of P03000112909 Authority Document Number Federal Tax Identification 57-1191566 Number *CCR#or CAGE Code *Only if Grant Funded Telephone: 813-982-9172 • Signature by: (Typed and written) Brad Hite -- Title: Treasurer 0 16A19 Additional Contact Information Send payments to: (required if different from Company name used as payee above) Contact name: Tracie Delbridge Title: Office Manager/Corp. Secretary Address: 11825 Jackson Road City, State,ZIP Thonotosassa, Florida 33592 Telephone: 813-982-9172 Email: t.delbridge@floridasafetycontractors.com Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email: Secondary Contact for this David R. Borchert, Chief Estimator Solicitation: Email: d.borchert@floridasafetycontractors.com Phone: 813-982-9172 I- 6 a19 Co .:ter County Administrative Services Department Procurement Services Division FORM 11 -iMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verifv program may deem the Vendor's proposal as non-responsive. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C.Section 1324 a(e) Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and • subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal. Company Name Florida Safety Contractors, Inc. Print Name Brad Hite Title Treasurer Signature - Date 02/27/2018 State of Florida County of Hillsborough The signee of these Affidavit guarantees,as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. 4 /14- 4,,,t2D�� Commission No.: :Y�"•,,SANDRA M.LASSETER Commission#GG 074891 " ,='-YS Expires March 28,2021 .4t;,;`` Bonded Tai Troy fain Insurance 800385-7019 16A19 CoL ler County ..�.v- Admh strative SONCCS Depw:nx!it • FORM 12-VENDOR SUBSTI'T'UTE W—9 Request for Taxpayer identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute I19.071(5) requires that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information(provide all information) Taxpayer Name Florida Safety Contractors,Inc. • (as shown on income tax return) Business Name(if different from taxpayer name) Address 11825 Jackson Road City Thonotosassa State Florida Zip 33592 Telephone 813-982-9172 Email estimating@floridasafetycontractors.com Order Information(Must be filled out) Remit/Payment information (Must be filled out) Address 11825 JaskSor d Address?.1-f2`z41 •i R•-, City Thonotosassa State Florida Zip 33592 City Thonotosassa State Florida Zip 33592 Email estimating@floridasafetycontractors.com Email t_delbridge@floridasafetycontractors_com 2. Company Status(check only one) Individual/Sole Proprietor x Corporation _Partnership Tax Exempt(Federal income tax-exempt entity Limited Liability Company —tart erinterital Rcv..auc Purer the < < • 501 (c)3) (D =Disregarded Entity. C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TiN)_ 57-1191566 (Vendors who do not have a TIN,will be required to provide a social security number prior to an award). 4. Sign and Date Form: Certification: Under penalties alperjrey, /certify that the information shown on this form is correct to my knowledge. Signature it?' _.4 Date • 02/27/2018 Brad Hite Title i Phone Number Treasurer 813-982-9172 : ' 16A19 BIDDERS CHECKLIST IMPORTANT: Please read carefully,sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings,descriptive literature,etc.have been included. 5. Any delivery information required is included. 6. Immigration Affidavit completed and the company's E-Verify profile page or memorandum of understanding 7. Certificate of Authority to Conduct Business in State of Florida and the County's Substitute W9 8. If required,the amount of Bid bond has been checked,and the Bid bond or cashier's check has been included. 9. Any addenda have been signed and included. 10. All attached forms have been completed,reviewed,and signed where necessary by an authorized personnel. 11. The Bid will be uploaded in time to be received no later than the specified opening date and time,otherwise the Bid cannot be considered. Florida Safety Contractors,Inc. Bidder Name tiPto Brad Hite,Treasurer 02/23/2018 .ignatu - Date 0 Detail by Entity Name Page 1 of 3 6 "' 1 9 Stood De aliment of State Div roO a or GoRPoe AT lONs reg Department of State / Division of coroorations / Search Records / DetailBy.1Document Number/ Detail by Entity Name Florida Profit Corporation FLORIDA SAFETY CONTRACTORS, INC. Filing Information Document Number P03000112909 FEI/EIN Number 57-1191566 Date Filed 10/08/2003 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 10/26/2016 Event Effective Date NONE Principal Address 11825 JACKSON ROAD THONOTOSASSA, FL 33592 Changed:03/31/2009 Mailing Address PO BOX 16628 TEMPLE TERRACE, FL 33687 Changed:03/31/2009 Registered Agent Name&Address REICHART, MICHAEL K 11825 JACKSON ROAD THONOTOSASSA, FL 33592 Address Changed:03/02/2010 Officer/Director Detail Name&Address Title P REICHART,MICHAEL K 11825 JACKSON ROAD THONOTOSASSA,FL 33592 Title VP 6 E 1Ai9 Detail by Entity Name Page 2 of 3 PERSAUD, PREM 11825 JACKSON ROAD THONOTOSASSA, FL 33592 Title D LOUKS, LINDA 11825 JACKSON ROAD THONOTOSASSA, FL 33592 Title S DELBRIDGE,TRACIE 11825 JACKSON RD THONOTOSASSA, FL 33592 Title T HITE, BRAD 11825 JACKSON RD THONOTOSASSA, FL 33592 Annual Reports Report Year Filed Date 2015 03/17/2015 2016 01/27/2016 2017 02/13/2017 Document Images 02/13'2017--ANNUAL REPORT View image in PDF.format 10126/2016_Amendment View image in PDF format 01127{2218--HNNUAL REPORT,: View image in POE format 0_3/17/2015_-ANNUAL REPORT View image in PDF format 02I06r2014_--ANNUAL 3EPORT View image in POE format 03/1112013--ANNUAL REPORT View image in PDF format 04/00/20122=•ANNUAL REPORT View image in POE format 02/16/2011~-ANNUAL REPORT View image in PDF format 03/0212010—ANNUAL REPORT View image in PDE format 03/31/2009--ANNUAL REPORT View image in PDF format 02/20!2003--ANNUAL REPOPT View image in PDF format 0:320/2007--ANNUAL REPORT View image in POE format 03/13/2006 -ANNUAL REPORT View image in PDF format 03/23/2005- ANNUAL REPORT View image in PDF format 02/18/2004—ANNUAL REPORT View image in PDF format 104081200.3--Domesti_Profit View image in PDF format 16 A19 T" '.x xx q�,�� rify 4i .9 r a Employment Elig bilityVerif� a on z x''; ,.N, 4 U i%y. 1 1T$n Click any fifor`help Welcome Cheri Reichart User ID CREI5564 Last Login 08:00 AM=10/05/2012 ��c:�:s .�.. K �. }� �"3 cam'.. {r 7'�`��i a vim. �"g"' c t t s"'.;'�-u. 5? .,I is a,rYt �tZ`+ ¢ x � ��zs�� s�+.��r� #.� � f r. z`�� -#.t`t 'L �• Companylormation � 5 �_ �;�;itst �;r; } ti i$I � Company Name: Florida Safety Contractors, Inc. rvtw}Alti Company ID Number: 275222 Doing Business As (DBA) Name: DUNS Number: Physical Location: Mailing Address: Physical Location Address 1: 11825 Jackson Mailing Address Address 1: P.O. Box Rd 16628 Physical Location Address 2: Mailing Address Address 2: Physical Location City: Thonotosassa Mailing Address City: Tampa Physical Location State: FL Mailing Address State: FL Physical Location Zip Code: 33592 Mailing Address Zip Code: 33687 Physical Location County: HILLSBOROUGH Additional Information: Employer Identification Number:571191566 Total Number of Employees: 20 to 99 Parent Organization: Florida Safety Contractors, Inc. Administrator: 0 16A19 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Joe Museau Construction Superintendent Tom Jacobson Project Manager 10 Construction Services Agreement:Revised 022018 � �� -~ � Al�� THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES, INCLUDING BUT NOT LIMITED TO THE NOTICE AND TIME LIMITATIONS IN SECTIONS 255.05(2)AND 255.05(10), ARE INCORPORATED IN THIS BOND BY REFERENCE. EXHIBIT BA: PUBLIC PAYMENT BOND 18-7286 80157398 Bond No. Contract No. 18'7286 KNOW ALL MEN BY THESE PRESENTS: That Florida Safety Contractors, Inc. . as Principal, and . as G located at 11835 Jackson Road Toono�oasnaFLo359a (Business^ Address) d find to Collier County,Florida as Obligee in the sum of EightHundred Eighty-Eight Thousand Six Hundred Ninety-Seven^($ 888.$97.31 )for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. *Dollars and Thirty-One Cents WHEREAS, Principal has entered into a conas of the day of 20 , with Obligee for Goodlette-Frank Roadway Signalization Upgrade in Collier County 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<1i 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, • ThopnmvsionoofthisbondanooubjoothotheUme |kn|haWonanfSect|on2S505(2). In no even ill thSurety liable in the aggregte to claimants for more than the penal sum of this Payment Bond, regardless of the number of Suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 the name of each party being affixed and these presents duly signed by Its under-signed representative, pursuant to authority of its governing body. Construclmn Services Ay eement:Revised 022018 1 6 A 1 9 Signed, sealed and delivered in the pr ence of: PRINCIPAL y Florida Safety Contractors,Inc. L/ BY: Witnesses as to Finc` al ( ) NAME:\t, c. ITS: `----i>CROIllt STATE OF Florida COUNTY The foregoing instrument was acknowledged before me tilts )i -rday of 7,),,,kire 20.a, by VA *V.:* YI1 , as of , *am • C; a -VI6 OCA corporation, on behalf of the corporatioHeishai iiersonally knoWritaiie-O,R.has produced as identification and did(ord-nOt)TakTa-airi oath. mt Commission Expires I (SignatigKof Notary) TRACE LEE DEL6FilDGE ••//,'`Ass:. Notary Pubiic-State ot Florida ellt( kjeklipb a - My Comm Expires Dec 7,2018 AMC' , ,ornmis!or, FF 167026 (Legibly Printed) Ns. .4, AVA,v As `s. (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: The Guarantee Company of North America USA (Printed Name) One Town Square Suite 1470 Southfield,MI 48076 (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 12 ti) Construction Services Agreernent.Revised 022018 1 6 A 1 9 OR Rita Lazarides As Attorney in Fact (---) i (Attach Power of Attorney) Kevin R.Wojtowicz witness.. .usan-C-&41--- (Printed Name) ..,_ / Nielson,Wojtowicz. Neu&Associates 1000 Central Ave. Ste 200 St.Petersburg,FL 33705 (Business Address) 727-209-1803 (Telephone Number) , STATE OF Florida COUNTY OF Pinellas The foregoing instrument was acknowledged before me this 11th day of June 20 18 , by Kevin R.Wojtowicz as Attorney-in-Fact of The Guarantee Company of North America USA Surety, on behalf of Surety. He/St'ct is pergintly_ known to me OR h. 'traduced as identification and who did (s . not) ake an oath. NN, My Commission Expires: -'•"--- (SIgnat -) Name, Jennifer Butterfield (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: emu% JENNIFER BUTTERFIELD COMMISSION it GG188876 EXPIRES Sept 9,2020 10110ED THROUGH RU INSURANCE COMPANY 13 Construction Services Agreement;Revised 022018 � x� � � �� -~ �� EXHIBIT B-2: PUBLIC PERFORMANCE BOND 18-7286 8"57398 Contract ConhectNo. 18'7288 KNOW ALL MEN BY THESE PRESENTS: That Florida Safety Contractors,Inc. . as Principal, and The Guarantee Company of North America USA as Surety, located at One Town Square Suite 147nSouthfield, M|4Vor0 (Business Address) are held and firmly bound to Collier County, Florida . as Obligee in the sum of Eight Hundred Eighty-Eight Thousand Six Hundred Ninety-Seven Dollars and Thirty-One Cents ($ 888,697.31 )for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of ~ 20 . with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND Is that If Principal: 1, Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses,damages, costs and attorneys'fees that Obligee sustains because of any default by Principal under the Contrmct, inc|uding, 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 Obligeo. } IN WITNESS VVMEREOF, the above parties have executed this instrument this day of . 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body 14 Construction SfitVICOB Areeinert;Revised 022018 16A19 Signed, sealed and delivered in the,pr-sence Qf; PRINCIPAL _.r,`,, •• Florida Safety Contracto s, — { Principal ,f Lt_ts'. 't 'L,' t . BY: 277 W nesses as to t cipal c. NAME: \, Ai�kl(�- V- . �l k(A: ITS: -S\ STATE OF `� 1 COUNTY OF',�Azcisx'c5,s oiyi1) The foregoing instrument was acknowled•ed •efore m this , '''' ,..-day of T.kAQ , 20 e`3 , by i t . .A, '14- _ , as .1. c:.\C IA-\-. of iota, k ,ft 4' isr5 r� _�.' c, __a �-- IC.) CU.N. corporation,on behalf of the corporation. a/s• •- onatly-known to me OR has produced as identification and did (did not) take an oath. r \j, •" . \I ' E Nay Commission Expires: x...41.. , — .. A. ,..`.1 � --4.---, Suture) 1 RAC1E LEE DELPIDGE IOL 14 ,i;ta'y Public State of Flari �'"'e: p...arzii "'- �. uF* '"A ti 'r'n' CX't` Cee 7'nog Printed 4 t,' ,,t1'C r (Legibly ) .(AFFJX OFFICIAL SEAL) Notary Public, State of: i , Commission No.: i O 15 Construction Services Agreement;Revised 022018 1 6 A 1 9 ATTEST: SURETY: The Guarantee Company of North America USA (Printed Name) One Town Sauare Suite 1470 Southfield,MI 48076 (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR t cuu.Wo-- Rita Lazaridek4 As Attorney in Fact (Attach Power of Attorney) Kevin R.Wojtowicz -• • (Printed Name) Nielson,Wojtowicz, Neu&Associates 1000 Central Ave.Ste 200 St. Petersburg,i-L 33705 (Business Address) 727-209-1803 (Telephone Number) STATE OF Florida COUNTY OF Pinellas The foregoing instrument was acknowledged before me this 11th day of June 20 , by Kevin R.Wojtowicz as Attorney-in-Pact of The Guarantee Company of North America USA ,a Michigan Surety, on behalf of Surety. 1-10€04t§ is .e o a own to me OR has produced as iserti cation ayd who di. .icl n.es ake an oath. My Commission Expires: "(Stgrratae) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: C:10 16 C,onsiruceon Services Agreement Revised 022018 16A19 • THE The Guarantee Company of North America USA GUARANTEE Southfield, Michigan POWER OF ATTORNEY NOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint Kevin R.Wojtowicz,Tracey C.Brown,David R.Turcios,Jessica Pamela Reno,Daniel F.Oaks Nielson,Wojtowicz,Neu&Associates its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner—Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and vJ4vj.NTEy,,0� its corporate seal to be affixed by its authorized officer,this 2nd day of October,2015. gTHE GUARANTEE COMPANY OF NORTH AMERICA USA oa Jys Y STATE OF MICHIGAN Stephen C.Ruschak,President&Chief Operating Officer Randall Musselman,Secretary County of Oakland On this 2nd day of October,2015 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. • Yt County of Oakland /1 [, a My Commission Expires February 27,2018 �/ Q/ a Acting in Oakland County I, Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. OJ1,501 Pco IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this day of F "1"`NAME¢'`P , Randall Musselman,Secretary 1 6 A 1 9 EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein,except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17 Construction Services Agreement: Revised 022018 1 6 A 1 9 Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage) and charge the Contractor for such coverages purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s)shall be considered justification for the County to terminate any and all contracts. 18 Construction Services Agreement:Revised 022018 cif - 16A19 Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption:An application for exemption can be obtained online at https://appsaldfs.com/bocexempt! 2. ®Employer's Liability $ 1,000,000 single limit per occurrence 3. ►1 Commercial General Bodily injury and Property Damage Liability(Occurrence Form) patterned after the current $ 1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law,the Contractor/Vendor 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 Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ®Automobile Liability S 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/t-tired;Automobile Included 6. 0 Other insurance as noted: 0 Watercraft S Per Occurrence ❑ United States Longshoreman's and Harhorworker's Act coverage shall be maintained where applicable to the completion of the work. S Per Occurrence 0 Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. 5 Per Occurrence 0 Pollution S Per Occurrence ❑Professional Liability S Per claim&in the aggregate 0 Project Professional Liability S Per Occurrence D Valuable Papers Insurance S Per Occurrence ❑Cyber Liability 5Per Occurrence ❑Technology Errors&Omissions S Per Occurrence 7. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or 19 Construction Services Agreement: Revised 022018 16A19 proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, inc. of 75 Fulton Street, New York,New York 10038. 9. ►1 Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required.This insurance shall be primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. .0 The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® Thirty(30)Days Cancellation Notice required. 1/22/2018-GG Contractor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5) days of the award of this solicitation. Name of Firm Florida Safety Contractors, Inc. Date 02/27/2018 Contractor Signature Print Name Brad Hite-Tre sure Insurance Agency Construction Casualy Insurance, LLC Agent Name Brad Demption Telephone Number 727-502-2190 20 Construction Services Agreement:Revised 022018 1 6 A 1 9 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated ,20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns,that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien ora demand against any payment bond might be filed,shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify,defend and save harmless Owner from all demands or suits,actions,claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: Witness ITS: President DATE: Witness [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.: 21 Construction Services Agreement: Revised 022018 16A19 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners(the OWNER)or Collier County Water-Sewer Owner's Project Bid No. Manager's Name: County's Division Name Project No. Submitted by Contractor Application Date: Representative: Name Contractor's Name & Payment Application No. Address: Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & $ Stored to Date: Retainage @10% $ Retainage @ 10% through [Insert $ through [Insert Date] date] Retainage @ % $ Less Retainage $ after[Insert date]_ Total Earned Less Retainage $ Less previous payment(s) Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time % Completed to Date: Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances(except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: 22 Construction Services Agreement: Revised 022018 16A19 EXHIBIT D(Continued) SCHEDULE OF VALUES Project Name: Project Number: . .... .....Date:.. Period To: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 10% _% TOTAL NUMBER VALUE MATERIALS COMPLETED COMPLETE TO FINISH RETAINAGE RETNNAGE RETAINAGE PREVIOUS APPUCATIONS THIS &STORED (reduced rate) WTHHELD THRU DATE SINCE DATE PERIOD TO DATE TOTALS *Explanation for the two columns under Previous Applications:The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue car into play. If this happens,all information up to the date of the%change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column.This states what has happened since the change in retainage. 28 Construction Services Agreement: Revised 022018 l6Al9 Exhibit D (Continued) Stored Materials Record Formula:A+ B - C - D = E A B C D E Invoice Previously Received Previously Installed Balance To Date Description Supplier Number Received This Period Installed This Period Install 24 Construction Services Agreement:Revised 022018 tia ' 1 6 A 1 9 EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http://bccsp01/SiteDirectory/ASD/PurchasincilFormsl/Forms/Default.aspx Change Order Form Contract*: Change*: Purchase Order*: Project*: Contractor/Tim Name: Project Name: Project Manager Name Department: igin al Contract:V/10/k Cade:Amount Oiginal BCC Approval Date;Agenda Item* Current Biu:'/C A/a-droved Amount Last BCC toval Date;Agenda Item* Current Coat a cd/W k Order Am cunt SW Contract Expiration Date(Master) Dollar Amour t of the Change 401V/0/ Total Change from Original Amount Revised C.,'ontra CV/Al CA Of del Total 3 0 00 AO REV Change from C urrent BCC,Approved Amount Cumilathe Changes 3 0 03 4c1V0! Change from CI-Vent Amount Completion Date,Description of the Task(s)Change,and Rationale for the Change Notice to Proceel OriginalLast Approved Revised Date Date Completion Dat Date ,indudin two/arse/ *of Days Added Select Tasks 0 Add new taskts) 0 Delete task(s) 0 Change taskts) 0 Other 342P.O*7,-,8%; Provide a respon seto the following:1.1detai led and specific explanationkatio nate of the requested change(S)to the task(s)and I or the additional days added(if requested):2.)why this change was not included in the n rigi nal contract;and,1)describe the impact if this change is not processed. Attach addtioral information from the Deskr Professional and/or Contractor if needed. Prepared by. Date: (Project Manner Name and Department) Acceptance of this Chainge Older shall conaltulsa rncdifica n1ocorntxal work order identifed above and will be subject to all the same terms and conditions as contained in the contract/work order indicated above,as fully as if the same were stated m this acceptance. The adjustment if any.to the COInTaCt hat constittna a full arid final settlement of any and all claims of the Contractor Vendor/Consultant/ Design Professional arising out of or related to the change set forth herein.including claims for impact and delay costs. Accepted by: Date: (Contractor Vendor I Cons chant/'Design Professional arid Name of if project applicable) Approved by: Date: (Design Professional and Name of Firm,if project applicable/ Approved by: Date. (Procurement Professional 25 Construction Services Agreement: Revised 022018 Nir 16419 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL,and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 26 Construction Services Agreement: Revised 022018 A RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: Type Name and Title 27 Construction Services Agreement: Revised 022018 16 Al 9 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name&Title) By Design Professional: (Firm Name) (Signature) (Typed Name&Title) By Owner: (Department Name) (Signature) (Name&Title) 28 Construction Services Agreement:Revised 022018 1 6 A 1 9 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole;topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 29 Construction Services Agreement:Revised 022018 a' 16A19 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the"Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three(3)calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 30 Construction Services Agreement:Revised 022018 \i/ 1 6 A 1 9 limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty(30)days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing,the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances,together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner(which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 31 00 Construction Services Agreement: Revised 022018 16A19 stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent(10%) of the gross amount of each monthly payment request or ten percent(10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%)completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's procurement ordinance and polides. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 32 Construction Services Agreement: Revised 022018 6 * 19 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 33 Construction Services Agreement: Revised 022018 1 6 A 1 9 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will 34 Construction Services Agreement: Revised 022018 dye. t 1 6 A 1 9 record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features 35 Construction Services Agreement:Revised 022018 16A19 (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Pubic Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all 36 Construction Services Agreement:Revised 022018 Al work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work 37 Construction Services Agreement: Revised 022018 16A19 Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing,or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed 8 Construction Services Agreement:Revised 022018 /6'\ 16A19 to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight(48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner(or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 39 ..:.,. Construction Services Agreement:Revised 022018 1 6 A 1 9 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws,codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable,such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Contractors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/Contractor's proposal may be deemed non- responsive. 40 Construction Services Agreement:Revised 022018 16 A19 Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 41 y Construction Services Agreement:Revised 022018 16A1 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule;or(3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or(7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or(8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or(10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s)within seven(7)calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 42 Construction Services Agreement: Revised 022018 n 16A19 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event(i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty(120)consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion)is substantially complete.Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager 43 ,,,,-;7"% Construction Services Agreement:Revised 022018 c:- 1 6 A 1 9 shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new 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 are in addition to those implied warranties to which Owner is entitled as a matter of law. 44 Construction Services Agreement:Revised 022018 .. ;"-a 16A1 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected,tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight(8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential 45 Construction Services Agreement: Revised 022018 16A19 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 Construction Services Agreement:Revised 02268,1:: A19 include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 'Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor,without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 47 Construction Services Agreement: Revised 022018 16A19 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, 48 Construction Services Agreement: Revised 022018 6A19 Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work,the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or 49 Construction Services Agreement: Revised 022018 1 6 A 1 9 Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards(DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of 50 Construction Services Agreement: Revised 022018 I 6 A 1 9 the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses.All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of 51 Construction Services Agreement:Revised 022018 ,�j,,® 1 6 A 1 9 Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub- subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory(leadership)capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders �. 34.1.2 Subcontractor Licenses 52 Construction Services Agreement:Revised 022018 6 Al 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County 53 Construction Services Agreement: Revised 022018 A1 under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS .colliergov.net)whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exdusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A"project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of$2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing/will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/ petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 54 Construction Services Agreement.Revised 022018 16A19 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement,the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exdusive jurisdiction on all such matters. 55 Construction Services Agreement.Revised 022018 CMO. 16 A19 FLORSAF-01 VARANI AC JPRO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/16/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Angela Vargas NAME: Construction Casualty Insurance,LLC PHONE FAX 3637 4th Street North (A/C,No,Ext):(727)222-0680 (A/C,No):(727)502-2191 Suite 310 ADDRESS:avargas@constructioncasualty.com Saint Petersburg,FL 33704 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Fire Insurance Company 19682 INSURED INSURER B:StarStOne National Insurance Company 25496 Florida Safety Contractors,Inc INSURER C:Bridgefield Casualty Insurance Co 10335 11825 Jackson Road INSURER D: Thonotosassa,FL 33592 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER /YPOLICY EFF POLICY EXP LIMITS LTRINSD WVD IMM/DDYYYI IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 21 CSE QU2980 06/22/2018 06/22/2019 DAMAGE TO RENTED 300,000 X X PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT PRO- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: EBL AGG $ 2,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) X ANY AUTO X x 21 CSE QU2981 06/22/2018 06/22/2019 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ AUTOS ONLY NON-OWNEDUUTNPROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE X x 75121W181ALI '.. 01/29/2018 06/22/2019 AGGREGATE _$ 4,000,000 DED RETENTION$ $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X 0196-38935-0 05/01/2018 05/01/2019 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1'000'000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) When required by written contract the certificate holder is an additional insured with respects to the general and auto liability on a primary and non-contributory basis.Waiver of subrogation is granted in favor of the additional insured. Umbrella is follow form.Thirty(30)Days written notice of cancellation is required for all policies herein. To request changes or endorsements please contact Certs@constructioncasualty.com RE:Contract#18-7286"Goodlette Frank Roadway Signalization Upgrade" When required by written contract,Collier County Board of County Commissioners is an additional insured with respect to the General Liability and the Automobile Liability policies on a primary and non-contributory basis. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier CountyBoard of CountyCommissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E. Naples,FL 34112 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTOMOBII 6 A l 9 HA 99 16 03 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1. -WHO IS AN INSURED - of partnership or joint venture, formed as a Section II - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an (1) The agreement requires you to "insured" under any other automobile policy or would be an "insured" under provide direct primary insurance for such a policy but for its termination or the lessor and the exhaustion of its Limit of Insurance. (2) The"auto" is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1. -WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add: (b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an "insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused injury" or "property damage" that results by the conduct of an "insured" under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered "auto." Paragraph A.1. -WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 A6Ai 9 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this insurance is primary and we will not (b) The Limits of Insurance shown in the Declarations. seek contribution from that other insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or"suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-insured amounts under all that other insurance. Suit or Loss If you have agreed in a written contract We will share the remaining loss, if any, by the method described in Other Insurance 5.d. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5 I 6 A 1 9 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the"outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to "autos"you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended warranties, credit life Insurance, health, accident The most we will pay for "loss" to any hired or disability insurance purchased with the loan or "auto" is: lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"loss"; or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage. No deductible applies to"loss" caused 8. ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs B.4 - and excess provisions, we will provide coverage EXCLUSIONS of SECTION III PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered "auto"you own. following: We will also cover loss of use of the hired "auto" Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "auto's" loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident". is: This extension of coverage does not apply to (1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered "auto"; "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2)above; or ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 16A19 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered "auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system. the same"accident", the following applies: b.Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 is the most we will pay for"loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT, CLAIM, SUIT OR LOSS equipment (other than equipment designed solely for the reproduction of sound, and The requirement in LOSS CONDITIONS 2.a. - accessories used with such equipment) DUTIES IN THE EVENT O F ACCIDENT,CLAIM, that reproduces, receives or transmits SUIT OR LOSS - of SECTION IV - BUSINESS audio, visual or data signals which, at the AUTO CONDITIONS that you must notify us of time of"loss", is: an "accident" applies only when the"accident" is known to: (1) Permanently installed in or upon the covered "auto" in a housing, (1) You, if you are an individual; opening or other location that is not (2) A partner, if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company; or such equipment; (4) An executive officer or insurance manager, if (2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDS integral part of that equipment; or (3)An integral part of such equipment. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we c.For each covered "auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO -COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE - BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A. -COVERAGE -of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that if the pay for the expense of returning a stolen covered "insured's" responsibility to pay damages for "auto"to you. "bodily injury" or "property damage" is determined in a"suit,"the"suit" is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D. -DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D. DEDUCTIBLE of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 16A19 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss" is $10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal Paragraph 2. of the COMMON POLICY combustion engine and one or more electric IOS - CANCELLATION - applies motors to move the auto, or the internal CONDITIONS Tas follows: combustion engine to charge one or more excelectric motors, which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an "auto" for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage VEHICLE PAYMENT COVERAGE Coverages are amended to add the following: In addition to the actual cash value of the "auto", In the event of a total loss to a "non-hybrid" auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered "auto" at the Loss, or Collision coverages are provided under time of total loss. Regardless of the number of this Coverage Form, then such Physical autos deemed a total loss, the most we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.lf the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500, of the "non-hybrid" auto's not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 POLICY NUMBER: 21 UEA xv7026 1 6 A 1 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - OPTION I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Designated Project(s) Or Location(s) Or Organization(s): Of Covered Operations: All, except Additional Insureds that are All insured under a separate additional insured endorsement on this policy Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. With respect to those person(s) or organization(s) (3) In connection with "your work" for the shown in the Schedule above when you have additional insured at the project(s) or agreed in a written contract or written agreement location(s) designated in the Schedule to provide insurance such as is afforded under this and included within the "products- policy to them, Subparagraph f., Any Other completed operations hazard", but only if: Party, under the Additional Insureds When (a) The written contract or written Required By Written Contract, Written agreement requires you to provide Agreement Or Permit Paragraph of Section II — such coverage to such additional Who Is An Insured is replaced with the following: insured at the project(s) or location(s) f. Any Other Party designated in the Schedule; and Any other person or organization who is not (b) This Coverage Part provides an insured under Paragraphs a. through e. coverage for "bodily injury" or above, but only with respect to liability for "property damage" included within the "bodily injury", "property damage"or"personal "products-completed operations and advertising injury" caused, in whole or in hazard". part, by your acts or omissions or the acts or The insurance afforded to the additional omissions of those acting on your behalf: insured shown in the Schedule applies: (1) In the performance of your ongoing (1) Only if the "bodily injury" or "property operations for such additional insured at damage" occurs, or the "personal and the project(s) or location(s) designated in advertising injury" offense is committed: the Schedule; (a) During the policy period; and (2) In connection with your premises owned (b) Subsequent to the execution of such by or rented to you and shown in the written contract or written agreement; Schedule; or and Form HS 24 80 07 13 Page 1 of 2 © 2013, The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission.) 16A19 (c) Prior to the expiration of the period of When You Add Others As An Additional time that the written contract or written Insured To This Insurance agreement requires such insurance (a) Primary Insurance When Required By be provided to the additional insured. Contract (2) Only to the extent permitted by law; and This insurance is primary if you have agreed (3) Will not be broader than that which you in a written contract or written agreement that are required by the written contract or this insurance be primary. If other insurance written agreement to provide for such is also primary, we will share with all that additional insured. other insurance by the method described in With respect to the insurance afforded to the Paragraph (c) below. This insurance does not person(s) or organization(s) that are additional apply to other insurance to which the insureds under this endorsement, the additional insured in the Schedule has been following additional exclusion applies: added as an additional insured. This insurance does not apply to "bodily (b) Primary And Non-Contributory To Other injury", "property damage" or "personal and Insurance When Required By Contract advertising injury" arising out of the rendering This insurance is primary to and will not seek of, or the failure to render, any professional contribution from any other insurance architectural, engineering or surveying available to an additional insured under your services, including: policy provided that: (1) The preparing, approving, or failing to (i) The additional insured in the Schedule is prepare or approve maps, shop drawings, a Named Insured under such other opinions, reports, surveys, field orders, insurance; and change orders, designs or specifications; (ii) You have agreed in a written contract or or written agreement that this insurance (2) Supervisory, inspection, architectural or would be primary and would not seek engineering activities. contribution from any other insurance The limits of insurance that apply to the additional available to the additional insured in the insured shown in the Schedule are described in the Schedule. Limits Of Insurance section. (c) 'Method Of Sharing How this insurance applies when other insurance is If all of the other insurance permits available to the additional insured is described in the contribution by equal shares, we will follow Other Insurance Condition in Section IV — this method also. Under this approach, each Commercial General Liability Conditions, except as insurer contributes equal amounts until it has otherwise amended below. paid its applicable limit of insurance or none of B. With respect to insurance provided to the the loss remains,whichever comes first. person(s) or organization(s) that are additional If any of the other insurance does not permit insureds under this endorsement, the When You contribution by equal shares, we will Add Others As An Additional Insured To This contribute by limits. Under this method, each Insurance subparagraph, under the Other insurer's share is based on the ratio of its Insurance Condition of Section IV—Commercial applicable limit of insurance to the total General Liability Conditions is replaced with the applicable limits of insurance of all insurers. following: All other terms and conditions in the policy remain unchanged. Page 2 of 2 Form HS 24 80 07 13