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Backup Documents 09/24/2019 Item #11A ORIGINAL DOCUMENTS CHECKLIST & ROUTING ' TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT :4 LCU 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 5fEupty+ito'MJ 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 Risk Management 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 . Q(246 2. County Attorney Office County Attorney Office n� 5 J 1 4. BCC Office Board of County V.M // Commissioners q -).9-19 4. Minutes and Records Clerk of Court's Office27�,; �l�iw 61111 pi�4 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,may need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso/PURCHASING Contact Information 239-252-8950 Contact/ Department Agenda Date Item was SEPTEMBER 24, 2019 Agenda Item Number 11.A. Approved by the BCC Type of Document CONTRACT Number of Original 2 Attached Documents Attached PO number or account N/A 19-7654 EARTH TE number if document is EARTH TECH ENTERP ES, INC. to be recorded ENTERPRISES, INC. 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 N/A 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 09/24/2019 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County \ an option for Attorney's Office has reviewed the changes,if applicable. J this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed bythe BCC have been made,and the c eoption for Chairman's signature. Vrt C option SEP. 2 4 2019 Risk Management I i 1 A. MEMORANDUM Date: October 1, 2019 To: Ana Reynoso, Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #19-7654 "Construction Agreement" Contractor: Earth Tech Enterprises, Inc. Attached for your records is an original of the referenced document above, (Item #11A) adopted by the Board of County Commissioners on Tuesday, September 24, 2019. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment A CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Earth Tech Enterprises, Inc. ("Contractor") of 6180 Federal Court, Fort Myers, Florida 33905, a Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Beach Re-Nourishment of the Clam Pass, North Park Shore and Park Shore Beaches, Invitation to Bid No. #19-7654 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Aptim Environmental & Infrastructure, LLC, 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: Three Million, Five Hundred Seventy-Nine Thousand, Five Hundred Dollars ($3,579,500.00) Section 4. Bonds. A. If applicable, the 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.qov/c570/c570.html#certified. Should the Contract Amount be less 1 Construction Services Agreement:Revised 072118 C A than $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 sixty (60) 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 five (5) 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 Dam ages 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 Five Hundred Dollars ($1,500.00) 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 072118 hA 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 #19-7654 Beach Re-Nourishment of the Clam Pass, North Park Shore and Park Shore Beaches. 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 I I Not Applicable Exhibit B-2: Performance Bond Forms n Not Applicable Exhibit B-3: Insurance Requirem ents Exhibit C: Release and Affidavit Form Exhibit D: Contractor Appli cation for Payment Form 3 Construction Services Agreement:Revised 072118 1 14 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 I I Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #19-7654 Beach Re-Nourishment of the Clam Pass, North Park Shore and Park Shore Beaches. 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 Specifications prepared by: Aptim Environmental & Infrastructure, LLC Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner 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 c/o Capital Project Planning, Impact Fees and Program Management Division Coastal Zone Management Section 2685 S. Horseshoe Drive, Unit 103 Naples, Florida 34104 Attn: Gary McAlpin, Manager Phone: (239) 252-5342 Email: Gary.McAlpin(cr�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: Earth Tech Enterprises, Inc. 6180 Federal Court Fort Myers, Florida 33905 Attn: Christopher Gehring, President Phone: 239-774-1223 Email: cqearthtechenterprises.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 072118 ãElA 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 Agreem ent. 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 072118 A 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 072118 1 1 A IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWc TN = ES: Earth Tech Enterprises, Inc. FIRST W`NESS BB -t--Nt fir`r) (<a a J tia--) By: ..r/r. III., /Print N me C FEh �s— P. o u "4(' - ?Ras Io.EN?" a 'y 0! k-A.. Print Name and Title Date 9I . I t SECOND W N SS 114 1;16 IV(14,(a,IVA Print Name — ( Date: � l 9 ATTEST: OWNER: Crystal'. Kinzei,;Clerk of Courts BOARD OF CO NTY COMMISSIONERS &Co`rnptroller r, OF COLLIE- lee• . ORIDA 1 CU' A`, v_. ..._ 1110.,.._ 40 Y:- I US, -'. BY: William L. McDaniel Jr. Date Attest asAo thaitma ''s UChairman signature only. 'pprov•d as t rm nd Legality: . ) County Attorney i , .I ii .....,.i Print Name 8 0 Construction Services Agreement:Revised 072118 CAM 114 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement:Revised 072118 HA Project#: 19-7654 Project Title: Beach Re-nourishment of the Clam Pass,North Park Shore and Park Shore Beaches ADDENDUM#2 BID TABULATION BIDDER: Earth Tech Enterprises, Inc. BID ALTERNATIVE A CONSTRUCTION ACCESSES: HORIZON WAY AND CONVEYOR ACCESS AT NORTH GULF SHORE BEACH COUNTY ACCESS Bid Description:Transport,placement and grading of pre-purchased beach fill material from Stewart's Immokalee Sand mine to Park Shore beaches,and associated constructim tasks.Beach construction access will be at Horizon Way and via conveyor through the Countys North Gulf Shore Beach access point. ITEM Unit DESCRIPTION Units Quantity Total NO. Price 1 Mobilization/Demobilization LS 1 $40,000.00 $40,000.00 Horizon Way Access:Transport,Fill Placement,Grading,and 2 Sand Analysis Tons 82,500 $16.90 $1,394,250.00 North Gulf Shore Beach Conveyor Access:Transport,Fill 3 Tons 82,500 $21.90 $1,806,750.00 Placement,Grading,and Sand Analysis 4 Turbidity Monitoring LS 1 $42,000.00 $42,000.00 5 Surveys LS 1 $155,000.00 $155,000.00 6 Maintenance of Traffic(MOT)and Weight Ticket Tracking LS 1 $133,000.00 $133,000.00 7 Electronic Truck Tracking LS 1 $8,500.00 $8,500.00 BID TOTAL ALTERNATIVE A Tons 165,000 $3,579,500.00 LAO hA EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement:Revised 072118 1 A Page 1 of 1 Co r le-r County Email: jimflanagan@colliergov.net Telephone:(239)252-8946 kirrstatve Servic .Division PLIrchasing ADDENDUM #1 Memorandum Date: August 13. 2019 From: Jim Flanagan. Procurement Strategist To: Interested Parties Subject: Addendum #1 — 19-7654 Clam Pass, North Park Shore & Park Shore Beach Renourishment This addendum has been issued for the following items identifying changes, deletions, or additions to the original solicitation document and bid schedule for the subject solicitation. Changes and additions are identified with an underline and deletions have a strike-through. This addendum issued to correct the specification file attachment as posted on BidSync. Superseded spec is deleted and correct spec is added. Please acknowledge rece.p 4.1if ins Addendum with your hid proposal. i / — i Signature Chri *.her Gehring- President EARTH TECH ENTERPRISES.INC. Bidder If you require additional intbrination. please post a question on the Online Bidding site. or contact me using the above contact information. 0 Page 1oft 1 1 A it Co, ler C-01411tY Email: jimflanaganc@tcolliergov.net Telephone: (239) 252-8946 dmiaissattve Services Divisior Pwrcha siiig ADDENDUM #2 Memorandum Date: August 21, 2019 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum#2 19-7654 Clam Pass, North Park Shore & Park Shore Beach Rertourishment This addendum has been issued for the following items identifying changes, deletions, or additions to the original solicitation document and bid schedule for the subject solicitation. Changes and additions are identified with an underline and deletions have a strike-through. ✓ Bid Award Criteria: The Owner reserves the right to award to the Lowest Responsive Responsible Bidder for Altern<ath e A OR the Lowest Responsive Responsible Bidder for Alternative B.The County reserves the right to award the Alternative whichever is in the best interest of the County. .- Addendum ffl, attached Addendum #i issued hut not formally posted l9-7654 --Addendtun #2 _ Bid Schedule R2,attached a Issued to correct Bid Due date o Revised to reflect the award criteria and reserved riches for award. as indicated itbov i Please acknowledge re jipt if this Addendum with your hid proposal. / , Signature tistopher Gehring.President EARTH TECH ENTERPRISES,INC. k3iddet-.__ if you require additional information, pleas: post a question on the Online: Bidding site or contact me using the above contact information. 1 A Riga'I of I Email: jimflanagangcolliergov,net p. Co ier County Telephone: (239) 252-8946 Actritinisb ‘e Services DtViStrl Purchasing ADDENDUM #3 Memorandum Date: August 30, 2019 From: shin Flanagan, Procurement Strategist To: interested Parties Subject: Addendum #3- 19-7654 Clam Pass, North Park Shore & Park Shore Reach Renourishment This addendum has been issued for the following items identifying changes, deletions, or additions to the original solicitation document and bid schedule for the subject solicitation. Changes and additions are identified with an underline and deletions have a strike-through. • Due to the impending storm,the Bid Due Date has been extended to Monday September 9,2019(k:300 pm -,r 19-7054 - Addendum P3 . Pre-Bid Meeting Minutes and Sigh-in Sheets ,;«- Bid Question period has closed. All Bid Questions have been answered. Bid Questions are hereby incorporated into the bid. Please acknowledge rec pt of this Addendum with your • d-proposal. 1, li Signal tire Christ°. zr Gehring-President EARTH TECH ENTERPRISES,NC. 94.19 Bidder Ii you ri.'quire additional information, please post a question on the On Bidding sinor contact me using the above contact inibnnation, 0 1 A 0 o rD , a) , -' F,= 0 CD , a) , --1 = cm , ri3 — E. 0" ,„‹ o.. ts • -. o ,... -- •- -. n NI 3 - cr < 0,. Cr ' — — =2200 3 3 7, . NJ '''• = = 10) ly (., 3 --1: Cl .Zr cu a) 3 R• ad CIO r) ,-,. _ < Z .0 si a) 0 (D0 a) 0 K rt) 8 -% 3 „,7 ,..,c • 3 , 0 SU n 0,) g (0 - ,,- a ,D g CD •-•-• m = 0 - 0 0 6' 90 3 cp - ^.-- vt th --.1 „..,,-. ,--1. CO -:,":„ , e-, ,-4 r1) 0 Z r, ... = ..... .-.4 ...,0 (i., u; fl -i ..9 3 v) to ro 0 cu 9 sT) 5 0 c c a. 5 :- -.r- f0 5 <<D < " C—fly r•Z"+I" 0 = rD TJ a) < CU < 0 X. rD Vi co rD 0 0 --t 0_ o rt) rl )4, ...... CU Z = 0 < 0 , TS 0.) -11 X' LA = 0 -I CD CD CU el = CD 0 0 ro o 0 hA 1 FORM 81£1 RESPC? aI 1411 vI BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Beach Re-nourishment of the Clam Pass,North Park Shore and Park Shore Beaches BID NO. 1946.54 Full Name of Bidder EARTH TECH ENTERPRISES,INC.. 6180 FEDERAL COURT FORT MYERS, FLORIDA 33905 Main Business Address Place of Business6180 FEDERAL COURT FORT MYERS, FLORIDA 33905 Telephone\o, 239.774-1223 Fax No. 239-774-1227 State Contractor's Licensees CGC016677 State of Florida Certificate of Authontv Document Number P00000008390 Federal'Tax Identification Number 59357952 DUNS 171511137 C'C'R`r Cage Code 41047 L To. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA the rt ma lir called the Owner! The undersigned,as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, chat 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 w+1ll execute the Agreement included in the Bidding Documents,to provide all necessary machinery, tools,apparatus and other means of construction, including utility' and transportation serx ices 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 lbllowing 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. CA 1 1 A FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT., Beach Re-nourishment of the Clain Pass.North Park Shore and Park Shore Beaches Bid No„ 19-7654 Natn,c c;11S.V.ry Construction Supennm.ident Bern Smith/Chris Gehring Project Manager Butch McGovern CAO 1 A ..... L.L. _ ___. ....:..... _ FOR -MATERIAL IMANUFACTURE . . .. . • .. . THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will protide 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 Stare 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 EngineeriProject Manner.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(Acceptmce of all manufactures and materials in Bid specifications) On behalf of my firm. I confirm that w' will use all manufacturersand materials as specifically outlined in the Bid spec ificat ions. / . . Company _ Earth Tech Enter 1 Signature: Date: 9-919 -.., Section B(Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER I, N/A N/A .------..---............_ 2. 3. 4. 5. Please insert additional pates as necessary. Company: . Sigriaturc Date 1 A FORM 4 LISTOF 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 m the requirements of the Bid specifications. The undersigned acknowdedges its responsibility for ensuring that the Subcontractors fir 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 rem any Subcontractor,at no additional cost to Owner,which is found to be non-compliant with this requirement :zither 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 Protect. 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 NIA 2. Mechanical NIA 3. Plumbing 4. Site Work I SELF PERFORM 5. Identify other subcontractors that represent more than 10% (SEE LIST ATTACHED LIST) of price or that affect the L rijical path of the sell Auk _ Company: EARTH TEC TERPRIS• • 9419 Signature Ing Date: 1 1 . ^ EARTH TECH EmTInrm�ss� Subcontractor Scope of Responsibility DBE Earth Tech Environmental Turbidity Monitoring No 1O60OJo|eaAvenue Bonita SpringsFlorida 34135 (239) 304-0030 Contact: Donn Brown- President GFA International Vibration monitoring/Video No 201 Waldo Ave North Survey Lehigh Acres, Florida 33971 (239)489'2443 aciornacku[e[I§P1eameaLconl Contact:Adam Dornacker P.E. Manager Yes Gulfshore Trucking 7801 Jean Blvd Fort Myers, Florida 33966 (239)288-7140 "1- 1 Contact:Terra Anderson- President Ocean Side Solutions Survey No 17OON. Orange Ave Orlando, Florida 32804 (407)363-1522 wvvm'oceansidesohions.com Contact:Joe Doto PSM- President 1 A ( PLEASE SEE ATTACHED LIST) FORM sS-ST.TTEMENT OV EXPERIENCE ENCE OE 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 eonduet the work as completely and as rapidly as required under the terms of the Agreement. (prr)_ject name) (pwject owner) (project location) (Owner's address) (project description) (Owner's contact person) a4 (title) S tproatect start/completion dates) (contract s aloe) (phone) (email) (project name) (project owner) ',project location) (Owner's address) (project description) (Owner's contact person) (title) S (project startiicompletton dates) (contract value) (phone) (entail) (project name) tprojectossneri (project location) (Owner's address) (project description) (Owners contact person) (title) (project startcompletion dates) (confetti saiue) iphonet (entail) 1 1 FORM 5•STATEMENT OFEXPERIENCE OF BIDDER 4 (project name) (project o nen (pro3e t location) (Owner's address) (project description) (Owner's contact person) (title) 5 (project completion dater (contract value) (phone) (email) ;. (projet name:) (project owner) (prosect location) (Owner's address) (project description) (Owner's contact person) (title) S (project completion date) (contract value) (phone) (email) t1. (project name) ((project owner) (project location) (Owner's address) (projectdescription) tOwner's contact person) (title) S (project completion date) (contract value) (phone) (entail) EARTH TECH ENTEPRESES INC Signature: Date. Christopher Gehring=-resi•.ent hA1 2440 EARTH TECH EN.TURPRISEs Earth Tech Enterprises Beach Project Experience Central Marco Island Beach re-grade(dredge and placement) Completed April 2019 Marco Island, Florida Cost $1,153,100 Owner Contact Collier County Board of County Commissioners Gary McAlpin P.E.Coastal Zone Manager 2800 North Horseshoe Drive Naples,FL 34104 239-252-5342 The regrading involved relocating approximately 175,000 cubic yards of sand from the swash zone (above -5.0 feet NAVD) landward creating a gradual slope from the dune area at approximately+6.5 feet NAVD(+0.5/-0.0 feet) at the most landward point to existing grade along the beach upland of the area of excavation. Earth Tech accomplished the work using a series of hydraulic excavators,off road haul trucks and dozers. This project was started at the height of the winter tourist season. The owner and stakeholders were highly sensitive to any the negative fall out if the project encumbered on residents or visitors to the beach. To ensure that there was minimal impact to beach use,the project area work area was broken up and constructed in three segments. Each segment was completed to design intent before moving on to the next segment. Extensive temporary fencing, way finder signs and groundmen were used to route beach goers around the work sites. Additional challenges occurred when active gopher tortoise and burrowing owl habitats were discovered inside the work zone. In conjunction with Collier County environmental staff,state and federal agencies,Earth Tech modified their work plan to coordinate hauling and sand placement to avoid any impact to the required protective zones. The scope of the nourishment contract requirement included beach transport with escorts, placement of sand, surveying, turbidity monitoring, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and FEMA. Earth Tech began work on February 2,2019 and finished on April 15, 2019 for at total of 70 days. This was 5 days ahead of the contract duration. 1 1 A EARTH TECH EN "E R PRI'E'S Smathers Beach Nourishment (truck in haul & placement) Completed June 2019 Key West, Florida Cost $ 1,236,160 Owner Contact City of Key West Florida Gary McAlpin P.E. Coastal Zone Manager 2800 North Horseshoe Drive Naples, FL 34104 239-252-5342 The City of West awarded Earth Tech this contract to Re-Nourish their main beach Smather's Beach and three smaller beaches along the Atlantic Ocean. The scope of the project called for the truck in-haul of approximately 20,760 tons of FDEP approved beach sand from Vulcan Materials Witherspoon Mine located in Moorehaven, Florida. Earth Tech assisted the City of Key West with the direct materials purchase program allowing the City to directly purchase the sand materials. Earth Tech was responsible to truck the materials to the jobsite. The contract required Earth Tech to work with City's staff to conduct individual truck QC sampling and recording of tonnages(by truck ticket). This project was started at the height of the winter tourist season.The owner and stakeholders were highly sensitive to any impact to this popular beach and resorts surrounding the area. Earth Tech set up a large staging area for trucks in the right away directly across from the beach. With the ability to stage a significant number of sand trucks,the daily placement of sand was greatly accelerated with out taking away parking for beach goers. Temporary fencing,way finder signs and groundmen were used to route beach goers around the work sites The scope of the nourishment contract requirement included beach transport with escorts, placement of sand, surveying, turbidity observation, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers,US Fish and Wildlife and Marine Fish and Wildlife Sanctuary Earth Tech began work on May 21,2019 and has completed all work by June 6, 2019. The total duration of 16 days well ahead of the 45 days allowed. 1 1 A EARTH TECH ENTERPRISES North End Interim Beach Nourishment(truck in haul &placement) Completed September 2018 Longboat Key, Florida Cost $1,109,500 Owner Contact Town of Long Boat Key,Florida 'sac Brownman, Public Works Director 600 General Harris Street Longboat Key,Florida 34228 (941)361-1988 j ownrnan@iongboa key orf; This was the third project Earth Tech completed for The Town of Long Boat Key. This was an emergency award to take care of some badly eroded sections of public beach at the Northern end of Long Boat Key. The scope of the project called for the truck in-haul of approximately 30,000 tons of FDEP approved beach sand from Cemex Materials Mine in Davenport, Florida. A particular challenge was the limited access to beach and adequate staging for the sand trucks.The truck staging was along residential streets. This required a very detailed MOT plan and extensive coordination with town staff and public safety officials. In order to get on to the beach existing fence and beach berms/dunes were removed. Upon completion new berms where constructed and native dune vegetation was planted. An existing concrete T groin was in the center of the beach fill area and Earth Tech was required to construct a structural sound ramp system to allow transport of the sand over the T groin to avoid damage. The contract requirements included beach transport with escorts, placement of sand, surveying, turbidity monitoring, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and FEMA. Earth Tech also completed the post construction surveys including required as built survey. Due to unusual red tide events, this beach was closed to the public throughout the duration of the project. This greatly assisted the schedule. The work was completed in 20 days a full 10 days under the 30 day time window established by the Town of Long Boat Key. HA EARTH TECH ENT E RF'Rf SES 2016 Beach Nourishment (truck in haul & placement) Completed December 2016 Naples, Florida Cost $ 1,923,100 Owner Contact Collier County Board of County Commissioners Gary McAlpin P.E.Coastal Zone Manager 2800 North Horseshoe Drive Naples, FL 34104 239-252-5342 This was the second consecutive time Earth Tech was awarded the contract for Collier County's Beach Nourishment program. The scope of the project called for the truck in- haul of approximately 116,000 tons of beach sand from Stewart Materials Mine in Immokalee, Florida. Collier County purchased the sand materials direct under contract with the sand mine. Earth Tech was responsible to truck the materials to the jobsite. The contract required Earth Tech to work with Collier County staff to conduct individual truck QC sampling and recording of tonnages(by truck ticket). The area this beach nourishment was lined with high end residential condominiums and beach front resorts including the Naples Ritz Carlton. The work was done during the height of the winter tourism season. Access to the two beach segments was limited to only a single access at each location. To accelerate the schedule, Earth Tech duplicated operations and worked both segments of the beach at the same time. This effort required extensive maintenance of traffic, daily construction of temporary routes for the public to get on and off the beach,2 way radio communication with the offsite staging to move trucks in and out without shutting down roads or disrupting normal traffic patterns and daily communication with law enforcement agencies as it relates maintaining the approved truck travel routes The nourishment contract requirements included beach transport with escorts, placement of sand, tilling, surveying, turbidity monitoring, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and FEMA. Earth Tech also completed the post construction surveys including required as built survey. No beach activities were permitted the Thursday, Friday,Saturday,and Sunday of Thanksgiving Beach nourishment activities began November 2, 2016. The contract called for substantial completion of all work by January 3, 2017. Earth Tech had the project completed and fully accepted in December 10, 2016, which was approximately 3 full weeks ahead of schedule. hA EARTH TECH ENTERPRISES 2016 South End Emergency Beach Nourishment(truck in haul &placement) Completed October 2016 Longboat Key, Florida Cost 51,813,100 941- Duration:9 days Owner Contact Town of Long Boat Key,Florida Juan Florensa,Public Works Director 600 General Harris Street Longboat Key,Florida 34228 (941)361-6411 ext.2210 iflarensaeloa boatkey.orj After the successful completion of the Central Key Beach re-nourishment,the Town of Long Boat Key award Earth Tech Enterprises an emergency in haul truck sand placement project in front of the Resort at Longboat Key Club. This was to start upon completion of the town's 210,000 cubic yard off shore dredging project. The contract called for Earth Tech to mobilize to the site on Monday September 19,2016 to ensure that the work would be completed by mid-October to minimize the impact to the resort's seasonal bookings. On September 2, 2016 Hurricane Herminie passed off the coast of Longboat Key, which delayed the de-mobilization of Norfolk Dredging. Earth Tech was able adjust their mobilization operations and made the required man power adjustments to allow Norfolk Dredging to simultaneously de-mobilize through our project at the South end beach therefore, eliminating schedule impacts to both projects. This project called for the truck in-haul of approximately 50,000 tons of beach sand from Stewart Materials Mine in Immokalee, Florida. Access to the beach was between the Resort at Longboat Key Club and New Pass. Earth Tech provided extensive maintenance of traffic and coordination to avoid disruption to the resort's guests, staff and daily beach activities. Earth Tech constructed a truck access corridor directly off the resort's main parking area and between two of the resort's guestroom buildings, which remained active during the project. Due to the lack of beachfront Earth Tech had to first construct a pad out into the Gulf of Mexico to build a pad for the beach mats required for stockpiling of sand and area to load off road haul trucks. Scope of work for Earth Tech Enterprises included truck haul of sand, beach transport with escorts, placement of sand, tilling, surveying, turbidity monitoring, and compliance with permits issued by FDEP,Army Corp of Engineers, UD Fish and Wildlife and FEMA. This project was done during one of most active Sea Turtle nesting seasons in history and Earth Tech's on-site personnel worked extremely close with Mote Marine's turtle nest monitoring staff to ensure that beach hauls and sand placement did not impact numerous active sea turtle nests. As with most beach nourishment projects Earth Tech's operations were Monday through Saturday 6:30 a.m. to 7:30 p.m. averaging 4,500 tons of in haul materials each day. Earth Tech completed the project in 9 days, despite the significant challenge of allowing another contractor to de-mobilize through our work area and avoided distribution to normal working operations of the resort and activities of the guests. 1 1 A EARTH TECH r N rEr4PRISES Central Key Beach Nourishment Project(truck in haul & placement) Completed July 2016 Longboat Key, Florida Cost $10,966,375 Duration: 100 days Owner Contact: Town of Longboat Key Florida Juan Florensa,Public Works Director 600 General Harris Street Longboat Key, Florida 34228 (941)361-6411 ext.2210 jflorensa@'lungtauatkeu_orz In March of 2016 Earth Tech Enterprises, Inc.was awarded a contract with the Town of Longboat Key, Florida for a truck haul and placement of 307,000 tons of sand for the Central Key Beach Nourishment. The project area covered approximately 8.0 miles of beach. Earth Tech selected sand from Stuart Materials in Immokalee, Florida. The truck haul routes were through downtown Sarasota and St.Armand's Circle. Once on to Longboat Key,trucks were limited to using the two lane Gulf of Mexico Drive. This required above normal maintenance of traffic planning and daily communication with the town and public safety agencies. The nourishment contract requirements included truck haul of sand, beach transport with escorts, placement of sand,tilling, surveying, turbidity monitoring, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, UD Fish and Wildlife and FEMA. Earth Tech also completed the pre and post construction surveys including required as built survey. The project was broken into three segments each with an access corridor on to the beach. These corridors had limited space and during peak periods of truck traffic, Earth Tech was staging trucks at various locations on Longboat Key because the contract would not allow staging of trucks along Gulf of Mexico Drive. Another particular challenge was the requirement that work was limited to one segment at a time. Upon completion of each segment Earth Tech was required to demobilize restore the area and them mobilize to the next segment. Additionally, the project was underway during an extremely active Sea Turtle Nesting and Shorebird Nesting season Earth Tech worked closely with the regulatory agencies including early morning meetings with Mote Marine's Sea Turtle Nest monitoring team and the Shore bird monitoring consultant for clearance prior to the start of beach haul activities. The Town of Longboat Key's contract called for October 19, 2018 Substantial completion and Earth Tech was substantially complete on July 13, 2016. During the (100) days on site Earth Tech hauled in and placed on average 3,070 tons of sand,which was well above the contractual minimum of 2,000 tons sand. Earth Tech was able to achieve this schedule despite losing production days due to Tropical Storm Colin and mandatory shut downs over Memorial Day and July 4"weekends. 11A -sag" EARTH TECH FN"r RPR4 Su S Naples Beach Re-nourishment (sand placement) Completed November 2014 Naples, Florida Cost$748,000 Owner Contact Collier County Board of County Commissioners Gary McAlpin P.E. Coastal Zone Manager 2800 North Horseshoe Drive Naples, FL 34104 239-2S2-5342 GaryMcAlpin@colliergov.net The Collier County Board of County Commissioners contracted with Earth Tech Enterprises to place,grade and transport approximately 90,000 tons of beach quality sand on Naples Beach to repair damages as a result of Tropical Storm Debby. This was a truck haul project with sand provided from the Stewart Mine in Immokaiee, Florida. The county had a contract with another vendor to supply and deliver the sand. Scope of work for Earth Tech Enterprises included beach transport, placement of sand,tilling,surveying,turbidity monitoring,and compliance with permits issues by FDEP,Army Corp of Engineers,UD Fish and Wildlife and FEMA. Beach nourishment activities began November 10,2014.The contract called for substantial completion of all work in(34)consecutive calendar days and fully completed to the point of final acceptance by the owner within seven (7)consecutive calendar days after Substantial Completion. No beach activities were permitted the Thursday, Friday,Saturday,and Sunday of Thanksgiving. The project was completed and fully accepted in December 15, 2014. 1 1 A EARTH TECH ENTERPRISES Clam Pass—Emergency Beach Repairs(dredging and upland sand placement) Completed April 2013 Naples, Florida Cost $ 206,000 Owner Contact: Collier County Florida t/o Humiston&Moore Engineers Brett Moore,P.E. President 5676 Strand Court Naples, Florida 34110 239-594-2021 bdm(a hurninstonandmoore.com This project involved Earth Tech completing emergency repairs at Clam Pass,the inlet between Clam Bay and the Gulf of Mexico. Since January 2013 Clam Pass had been closed off from the Gulf of Mexico due to the accumulation of sand that had migrated into the channel,cutting off tidal exchange and jeopardizing the health of the Clam Bay estuary system. The U.S. Army Corp of Engineers issued Collier County a Nationwide Permit 3 for "emergency" one time dredging of the inlet. Special conditions were added to the permit to protect manatees and sea turtles. The permit also specified that dredging had to be performed from the bay side toward the Gulf of Mexico,with the final cut reconnecting Clam Bay done at low tide. Earth Tech opted to use a series of track backhoes cut 25,000 cubic yards of sand from the inlet to open water flow into the pass. With no land access to the upland dump sites, the materials were transported on the beach. Grading and placement of the sand had to be done at night to avoid daytime closure of the beachfront areas used by the Pelican Bay Community to South and Naples Grande Hotel to the North. CAO 1 1 A EARTH TECH ENTERPRISES Collier County, Florida Gary McAlpin, P.E. - Director Coastal Zone Management 2800 South Horseshoe Drive Naples, Florida 34014 239-252-2966 City of Key West, Florida Johnnie Yongue, EIT-Project Manager Public Works 633 Palm Ave Key West, Florida 33040 305-809-3867 Town of Long Boat Key Isac Brownman, Director Public Works Department 600 General Harris Street Long Boat Key, Florida 34228 941-361-1988 1 I A EARTH TECH ENTERPRISES, INC. KEY PERSONEL-Re-nourishment Clam Pass, North Park Shore, and Park Shore Beaches Name Role Beach Project Experience Chris Gehring President 25 Lisa Gehring Vice President 10 Butch McGovern Operations Manager 5 Robert Rogers —i Sr. Superintendent-Marine 25 Bern Smith Project Manager 25 Derek Lipoid Project Manager_.__...__..__._...._.__...�._ 15_.__---._..._.____........_. Shon Stevens Superintendent 10 ~ Morgan Gehring Superintendent 25 Scott Kerskie i Equipment/Fleet Manager i 20 Adam Nagle Foreman 5 Herbie House Foreman 20 _-_._._._.__....._-_.__. _. 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Zr>.2NK xi �c,Afe rt � `A. wa '-'3 a ?o3.3 TA = j,ip no_.,xx .. -rix 'O -'� 0-28m a p A- 4 km x - m W O,Ct 'a L;?,a<rt 2,x i2'-0CA2Mx a,07mnir 7'mrnIP:v" � ;AmfivG...in,0co45' Scm , mmaXC) °'UG)113: Fr- ca, ; x V Lz910 7 zt 0, - t .;<"' n . 'n406 W .(0nDm N'4T R. x =( .. N Ps- , .j Zva co hNG0 2r ,,rTa7a vv ' 7 -.0 - h:G ci •' Ca N J rn co r p, C 3 C R n ; T W NA . W t7 ` VJN W W'0(jd +W W0 R3 N' 6 c; 6 0d a - 2r-'XM -• xm D 07F n T. "� 7K { .,c 1! i7.1;7,1 -r,?, 0' 0j 7 „i 3 rn Z p ai eo 3g+T, >:n i r a m a o .a&m w a m 2. xp3*s8z g .. v': CI 3 0 00 & o p c 0 a j�.o a 7-Cl �i chi a`^ -3 0 V C p LD ^ " m' 9 Rt 3 C: 0 O W S At G - G io `, A N Com? SU 0 p ZN Cl U. C., h5 l''6'N-+N 1`.3 ,g t0 N N N fi}N fa n rJ 1,3 n:N ,, 0 O OO 8 U pa 2 jOp ti 0,0, KS CT N Cri 5.7)g a d a o w ca ... w.,as c,-- 11A FORM 6-'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 Satet?,'Act t90-9b,Lavas of Florida)effective October (, 1990.The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure (Quantity') Cost (Description) (LF.SY1 �( benching LF 500 $f.00 $500.00 2. 3, 4. 5. TOTAL S 500.00 Failure to complete the above may result in the Bid being declared non-r sponsiv e. CttrYt rtny. EARTH TECH ENT:. .RIS` INC. Signature: _ Date: 5- 19 Christopher G ring are ent _. CAO 11A . .,, Bid Bond No. IER.TE;fE-58 FORM 7-BID BOND Is\OA`s ALL MEN BY I EIESE; PRESENTS, that we Earth Tech Enterprises.erprise> Ire. (herein a her called the Principal) and international Fidelity Insurance Company iun , (herein called the Suretyb a corporation chartered and;,'asting.under the laws of the State of New.l.eisa ......with its principal offices in the city of Newark,N.I and authorized to do business in the State of Florida......................_ are held and firstly bound unto the Collier County hooril i:ir County Ciniuni si<ners (hereinafter called the Owner), in the full and just sum of Five Pa ic.c nt of Amount hie "........._..-.. _.... dollars(S.__? of hid )good and lavvird 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 bird themselves,their heirs,and executors, administrators.and assigns,jointly and severally and firmly by these presents, .„„:::.„.,•'...,'...,•:',i:r., 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. 19-7t654 Beach Re nourish ument of the Clam Pass.North Park Shore and Park Shore Reaches Now. t I II:RI:I ORE:.tithe Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement vs.itn the Owner sner and within ten days after the date ofa written Notice of Award in accordance with the terms of such Bid.and give such bond or h nods in an amount of 1(0(1%the total Contract Amount as specified in the Bidding Documents or Contract Documents v itlt ;oast and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor,materials and supplies tlimished 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 OBI,IGFF the fixed sum of y $r si)ra r,cr i.. noted,above as liquidated damages,and not as a penalty,as provided in the Bidding Documents.then this obligation shall he null and void. otherwise to remain in full fiance and effect. 9th IN TESTIMONY 1-IMONY 7 hereof.the Principal and Surety have caused these presents to be duly signed and sealed this clay of September , 20 19 ._ _ Email't'I TFf:'13 f N r1.ft 1k1SES.INC. Principal • 7 BY ('hrio,re.•i f 0 t irk.Pro,i.t�ar (Seal) • IN l t:.t'.N A"I C \AL t'IDI?.t.t l Y INSl R ,'t E;C'O .IPANY Surety ",! /' ' ;i"- -'�w; ....... \t iii Aw.iii r-iii-a ,,i (Seal) f tt ttersiQued \ A Appointed Producing, Agent lir N ;s I ipon notification that its Bid has been awarded. the Successful Bidder will execute the Agreement forst it ..c`iiid to the Bidding Documents within ten(I O'i calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as i ea;taii ed by the eitinitaact Documents.The bid security attached is to become the property of the(:issuer iii the event the Agreement.lnstn,tce'Certificates and Bonds are ltot executed and delivered to Owner within the time above Set forth.as liquidated damages. Mir the delft'+ and additional expense to the Owner, it being recognized that.since time is of the essence.Owner will Stiffer 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 rseot of such failure,the total amount ofOwner's damages,will be difficult.if not impossible.to definitely ascertain and quantify, It uantify- It is hereby agreed that it is appropriate arid fair that Owner receive liquidated damages from the Successful Bidder in the event it Duels to execute and deliver the Agreement. Insurance Certificates. and Bonds as required hereunder."I'Ite 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 tithe 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.i calendar days front the commencement date stipulated in the written Notice to Proceed unless the Project sManager,in writing, subsequently notifies the Contractor of a modified (later) commencement date. 'ihe undersigned further agrees to substantially complete all work covered by this Bid within Sixty (60) consecutive calendar days, computed by excluding the commencement date and including the last day of such period.and to be filly completed to the point of final acceptance by the Owner oithirt Five(5)consecutive calendar days atter Substantial Completion.eontputed by excluding commencement date and including the last day of such period. iililittil,' . . 11A POWER OF ATTORNEY Bond fix It IC rE-Sit INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY c:)ne Newark Center,20"'Floor.Newark,New Jersey 07102-5207 PHONE:(973)624-7200 KNOW ALL MEN BY THESE PRESENTS. That INTERNATIONAL FIDELITY INSURANCE COMPANY.a corporation organized and existing under the laws of the State of New Jersey. and ALLEGHENY CASUALTY COMPANY a corporation organized and existing ander the laws of the State of New Jersey,having their principal office in the City of Newark:New Jersey,do hereby constitute and appoint MATTHEW T. SMITH Fort Myers. Ft. their true and lawful atterney(s)-;n-fact to execute seal and deliver for arid on its behalf as surety. any and alt bonds and undetakinc,> contracts of indemnity and other witings obligatory in the nature thereof.which are or may be allowed,required or permitted by law,statute,rule.regulation,C.witraCI or otherwise, and the execution of such instrument(s)in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY as fully and amply, to ail intents and purposes: as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. I.his 'ower of Attorney is executed and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Dire oars of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and by the Board of Dire ct rs of ALLEGHENY CASUALTY COMPANY ata meeting duly held on the: 10th day of July,2015 'RESOLVED. that (1} the Chief Executive Officer. President. Executive Vice President. Vice President; or Secretary of the Corporation shall have the power to appoint.and to revoke the appointments of.Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers or attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto: and(2)any such Officers of the Corporation may appoint and revoke;the appointments of Joint-control custodians, agents for acceptance of process. and Attorneys-in-fact with authority to execute waivers and consents On behalf of the Corporation:and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking. recognizance.contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation_to he valid and binding upon the Corporation with the same ford*and e'te.,i as though manually affixed' IN WITNESS WHEREOF.INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December.2017 o .I� NEW �CAsuglrY +vk .�.. STATE OF NW JERSEY < 00 aCt q , y+ County of Essex •Z• $ ca 0• b ae SERI e z . 1904 a 41114 � 96Q < A. rye iE s� .-.-t? George*k anis ,} * kI . 1.' Executive Vice President (International Fidelity Insurance Company)and Vice President (Allegheny Casualty Company) H JERS>� On this 31st day of December 2017 before Ane'carne the individual who executed the preceding instrument,to me personally known.ane, being by me duly sworn.said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUALTY COMPANY.that the seals affixed to said instrument are the Corporate Seals of said Companies.that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies 0,1irru+rrrrrrrr IN TESTIMONY WHEREOF.I have hereientc)set myhand affixed myOfficial Seal,at the'Oily of Newark, "(HYC .; ., 0P,,......h'ed,�% New Jersey the day and year first above written. ow- mt 6fititirei • Fi.i f;1.1 C. y. Zi ii) I,ct� -— +hy CCr z a Natay Public o`N'w u«;rsey 's`z"�,.• ,q. My Commission Expires April 15.2010:,)r'' a NEW' . CERTIFICATION rrrrrrNr r rµr N�s��` I the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit.and the copy of the Sections of the By-Laws of said Companies as set forth in ,aid power or Attorney.with the originals on file in the home of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals and that the said Power of Attorney has not been revoked and is now in full force and effect, IN TEST WHEREOF,I have hereunto set my hand on this day. gid day or September 2019 1'3134 #44-A4f e, Maria H.Branco,Assistant Secretary 0.:, 1 1 A FORM 8-INSURANCE A ND IIONDING REQUIRE IENTa The Vendor shill at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set ftmh in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire protect, if required,to the full insurable*value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors. Contractors. Design Consultant, Sub onttattors.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 Vendor and County shall, where appropriate, require similar waivers of subror ation from the County's separate Vendors.Design Consultants and Subcontractors andshall require each of them to include similar waivers in their contracts. 4 oIl►er County shall be responsible for purchasing and maintaining as 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 and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County.Honda,as an additional insured as to the operations of Vendor 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 Cother County Government,UP.Collier County, The Certificates *f Insurance roust 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. I f Vendor has any self-insured retentions or deductibles under any oldie below listed minimum required coverage,Vendor must identity on tlx:Certificate of litsuranec the nature and amount o f such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations, All self-insured retentions or deductibles will be Vendor's sok responsibility. CoverageW shall he minnetineid 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,Milk.hoer is tomg.er. The Vendor aanu'or its insurance carrier shall provide thirty t30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner,within tsk;:my-four i24i hours after receipt.of'any notices of expiration.cancellation,non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder.Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coveragefs} required herein, the County may terminate the Agreement or at its sok discretion shall be authorized to purchase such coveragety and charge the Vendor for such coaerage ,sj purchased. If Vendor fails to reimburse the County for such costs within thirty(30i days alter demand.the County has tlx:tight to offset these costs from any amount unt due Vendor under this Agreement or any other a -ee nnnt between the County and Vendor. The County shall be under no obligation to purchase such insurance,nor shall it be responsible for the coverageb)purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way he construed to be a waiver of any of as rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion ofthe scope of work,the Vendor shall furnish to the County renewal or replacement Certiticate{stot'Insurance not later than ten(It'll calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificates)shall be considered justification for the County to terminate any and all contracts. S hA1 ;I.3,1„!VIM* SOO t.iSfl FORM 9-Covt`t.tt."r t,I lNTERF:J`r.AF FIDAN.I r Ttt< ndcr tit,s that. to the best 1'1 knock;edge and be fiei;thc and current work on an), Collier County;project ;rfilt:tted wit?"1 i its solicitation n does not pose art Ir ra lurtrtttnal conflict as described by one of the three categories blow. Biased t rouiva rules-The firm l>ts not set the -ground rules"tot aft'ihtited past or current Collier t.,a tarry project identified hose (e g., 'a`rtit rtg, a proCurement's statement of ttiork, specifications, or performing systems engirt cring and technical d trcdion for thc protur trtctit) which appears to skewthe competition it favor of nn'r firm. impaired objectivity -The firm has not perfbrnl d wntk on an affiliated pass ur eurrert c<diet County protest identified ,ibese to evaluate aluate pro rsals past txrfurmance of itself or a wottt}r,tttor,-Attch calls into quesuou th contractor's tibility to render urparti I ai etoe the government. L urqual access to information -The firm has not bad access to nonpublic inflarnnttion rs !last dui perf,rinance of a ('a.lier County project tdertttlied abets ti Ii h may have Minded tft Contractor tot an v rth an unfair competitive dv3nra go in current i'i`future solicitations t,t; tort rat:Is, In addition to this signcLi a fidasii„ii contrai.nort endor must pm' dt. tf4_ ft)ty;➢`int;. . ._AM dOCurnvats produced a tt result or the ;ctrl, comptewd in the past or currently Nutt! t.'ork d oft for the above.mcntioned. project.and, itttlacate if the information produced wash obtatrx xd as a matter of nubile,record On the-sunshine-)or through Iron-public toot in sbine-t conversation(s),meetmgts).docuntcnt{ )astir«r other means. I ulurt. tit efts(:fire: an c:tater ial or has mg an ttri anrzatrorizit conflict u; rine or more of he three Catz:`ttsrtt:t be Identified, may r:s'ult to the disqualification lot tartare solicitations affiliated to ith the above referenced projeetts). By th.3ignatu e below the hrnt(emphrs..t'. of'fieers.inti or agents)certifies.a nd hereby discloses. to the best of their knowledge ;yid Eltftt'i'.all relevant facts concerning pa t, pry setit.or currently planned interest,)r activity(financial,ttontrate?rltf,organizational.. or otherwise)which relates to the project 'nti1ied abo o has been fully disclosed and does not pOsc anorganizational con Ilia Firm: Earth loth E:nterpn trx_ Siiatu t: qui;ua e: 9.9.1 9 ...__._.,a... .__.. _.�._. _ .___....,. ._, _._____�_._�»._.-....... Print `v me: Chasid her Gehri Title of Signatory- PIes: nt 3 w C,t' 1 A CONiel' CCM:Vey AktImmtram*.Serxes:.aq,xilfrywa :1,100e, FORM 10 six*DECT,titAT ION ST'kit NIENT BOARD OF COUNTY COMMISSIONERS to her County (inkerntlICIlt CO:11plex Naples, Florida 3.4112 Dear Cortin6 stoner s. The tinders:gue,,,), as Ve;)dor declares that this response is made without conn rafrangetivra with'any othe f Iiitron and this proposal is m =.:very respeo fair and made m Ltood faith without coltustan DI fraud. ThLt Vendor apre‘es,, tiuskiheitation stbtmtta i a=ccepted.teexeeute a Coil ser County document to the purpose or estabisslung a forms1 contractual relationship hetwt,vn the firm and Collier County, for the pertOrma nee dal)requirements to v,'Foch the solizatalion erz,un The Vendor statethat the submitted t based upon the doe umcnts ted by the tihmie refer $olicitation. Further,the endue agrees that if awareivi a i.-tintract for I hts-e goods nndior services,the sendor iH not be eligbie to compete,submit a proposal.be awarded,or perform AS'a sub-vendor tor any future assorial eti with work that is;a resufl1thi wa Med eon trael IN WITNESS WHEREOF, WE have hereunw subsenhed cur names on this 9th day of Se her , 2019 in the County of Lee in the State of Flunda F trnf Legai Naim: Earth Tech Enterpcise Addresc: 6180 Fede.-ai Court City, Stilt;z,Zlp Cock. Fort Myers, Fioa 33905 PO0000098390 Fiorsda Ceara-scan:of . Authority Dos.ument Number 59-367952 F edet al Tax Identification Numbe: 4CCRor CACI ( Jt.: 41D47 Only if Grant Funded (239)774-1223 I dephorie n Signature. LI yptd and ktt`r tier Christopher Gehring. Tide] PresKierr CA() 1 1 A Additional Contact information Send payments to: Earth Tech Enterprises.lne. trequtred it different from company name used as p<tye above) Contact name Lisa Gehring Title. Vice President Address 6180 Federal Court (.sts', State.ZIP Fort Myers, Florida 33905 Telephone: (239)7741223 f mail lisa@earthtechenterprises.com Office servicing Collier County to place orders {required if-different from above) Contact mine. Christopher Gehring Title: President Address. 6180 Federal Court City. State.ZIP Fort Myers, Florida 33905 Telephone: (239)474.1223 En>of cg@earthtechenterprises.00m Secondary Contact tOr this Butch Mc-Govern, operations manager Solie itatton: L ii>ul butch(gearthiechenterprises.cem Phone: (.239)774-1223 x14 CAO IIA Aorrwwlot,,,,vserAcidDiepatereirit 1 I FORM 11-kestickviii" .84,vin kV!r CEitri VICAT14" I i This Affidavit is'twilled and should be stoed,notarized by an a U bort.evd principal o f the firm and-evidsubmitt'd with formai sohcitation subtuntals Faith et, Vendors are required to enroll in the F-Ver if program;aid provide at:cent:able d%Kit SC r Of their enrollment a the t e nine of the. subons& V ion of the endor's proposal. Acceptable ence consists of a copy of ihe pro 'fly pleted Vertfs.' ilt, comE- €ompany Ploille page ri E a eops of the fully ace Wed E-Verify Merivorindurn of thIde:sta rtling or the con piny. ril Hurt°to include this :Affidavit and acceptable evidence of enrollment in the E.Verifv oroxrani may deem the V eidoe's proposal as non: responsi ve 1 l ( lLt Co ivy will not intentionally award County contracts to 4.ny V(..ntior who knwingly.employs man thew-ad alien 8vorkcrs.,. consirrittlitg a violator: of the etnplta y M Intl prove:ion contrune.d nt 8 LLS.C. SeLlion 1.324 a(et S,.!orion 2741,Atei cif th,z,. linimgration and Nationality Act (-INA"). (: Ili:r County ma) e,:snAer the.tirploymerit!y -any V-:ndor of unauthortzed aliens a violation ofSect ion L:74A(el of the INA, Such Viadion by the recipient of the Employment Provisions contaityed in Section 274A (e) of tillINA shall bi,t. grounds fol. unilateral tendination of the eontrati by(&h county, Vendor rinests that they are fidey coinpliant, Wail all applicible intnignition laws (specifically to the I MO Immigration .Act and subk-quent Ameodment(Sh and agrees m comply will, the provisiOnf, of the Nternomailutto of Under-star ing :kith E-Venfy and to provide proof ofenrolitrktut in The EmploytTlent Eligibility Verification System(E.Verifyt.operated by th- Depart nem of Homeland Security in partnership with the Soetal Security Administr anon at the time of sutunion of the Vendor's noNsfil, 'Earth Tech nterpnses,Inc. 1 Prim'Nam Chtsfapher GI ng 7 ale Pr6ssi ent e / ....-- .,-"--'-- 9-9.19 Signature -, ,...... Dnte iisl ate of Florda County 6f Lee The signee of these fidit guarantae*as ei,:tic iltett by the sw-rn;tilidavit Nquired herein, the truth ard a ccaney of this affidavit in interrogatortes hereinafter made .,,n i GG21854/ .,,,,,,' _ C0111,111. .q0C No; :4!f , , , ,,.. ,, .,,,,.„„„. .....,,:,.: • • , /t/ ,.1,,, 'ANI,,,,, CHARD F McGovERN 1' f'"•'''A' , 7\ tty cotakessioN g GG V.6543 .,,,,...21,17i./twdeEXPd Thrt‘RsotojES:Juo<teubit2,2.:Cwr'7A4vilom L , ,., , _..._ .,_ .,,. ., _ . , 1 . ! I i I 1 0.1 1 1 A i Crcc„ notty ....aro' ......,,,,„,.„............ Adr:r it..«At:440."444*4:,14,01111:ei FOR N112- VI:Anon St:Warn:Tr,W-9 Rehire for Taxpayer Identification Number and CertIrkaticin In accordance with the internal Roetnic Service realulations,Collier Count) is requited to ,colleet11: 4.' ing in lOrnintion for tax reporting purposs from ni.lividtials and co zup n Eire S'AO dil business with the County(including so sial socurity rtilinhen, if used by the indiv idtkil or coinpan) for to repkrting piii,'poes): Honda Statute 119.071(5) n.4tare; that the ,,'.ounty "1: notittit Y you in v, ing of ilvz reason for collating this intOrmation. wh)ch will be laced for rx.4 other purr .5C t ha n 1W::in stated Ple.t.i,e complete afl in tOrrnation that applies to your ilustness and return with your quote or proposal 1. Gcneral inforritition I:provide al!allot'natio n) — - ---- --- ' faxpayer Name EARTH T*CH ENTERPRSES.INC 1----- --1 ...,.,...., _ .. 1)me t la return i __ Buitnes s1\41 OW Ii!d r"'el et::ii 1'in.!nt.k pa yo owe:4,7), Addies.5 6180 Federal Cewt t, ty Fort Myers 33905 Stat.e.___rorOa Z tp _ ____ . (2Y.""774/4 22:1 1..3.taii mag eartniectienteroitsos.00ro Telepv.me ' ` --Or tit r Information(Must bt filed uut) 1 Remit : Payment information Mina be 'Med out) Address 8180 Fe4ezal.Court Ad..dress 6180 Pectoral Court 1 city Ft Myers, stale: Fi z11, '. 3905 City Ft Myers PI 33905 S tatc.• Email_giatartitecntriterprInes.COM F.,rti4 11 tis.g*eartrlieeheoltrZtlgis;O_O1 2. Company Stew, fehe‘k on r cmo — tial71§c4c Propric& i X Corporation IT.Taie'rship - -- ' ___ 1 Iti7ai707111..7X 1521191 irnirtv 11...iiilte:ti habil company 1 under Internal Revenue Servici:pidelints 1R. ' Enter the tax classification ., 50I t.e):1) if) ' Distvgarded EPiiiy, C ',. Coy,r wan an, P -, i'a P.t n t.t..d4 ii,9 i • ` 3 i• N b• (fUr ,;),1, = It 1 114S',N•finti't Taxpay in Identific t tin, um tx rio, ?*.i.v r,i, I?„1../ i 7 , 1 Federal Tax.Idmi tficat ion Number i TIN)_______—_17,55:1-81"r.... - -1---- i i LiVendors who do not have a TIN. v,41 be required to pro%id e a t;ixia)st.t.yriiber prior to ar1 d L, ,_ ___ , 4. sign and Efate Form: Cctfiricatiot 1 wir7 • - • 'Rik'''jyttil 1?WA 1.t pCijiiirr,I 4.1.:riThltha Wil4Plantin SA/It' 't IA,OM iN t 11.:1 et I is)1M Sipa Wit f Datr e hti, -,her Gaming , - - — ----- _... —.. . .. . _ T xel a i nom!N Li mir Preexient 1 _ - - 0 1 1 A • a ........w..,.,..5...+......+.�... �.._.-.. .,w...-.-....�.—,.w....-....a.. i .- ,,..tea..... FOR" 13 l ily3 RE .S 111EC[sd1IST' .1 1MP RTAT: Pleaseread carefully,sign in the spaces indicated and return with :sour Bid. idder should cheek off.each of the folkkti itt4 items as tk necessary action is w'.t)#7'l.?l:`ted. I Tie:i3 kf has been signed. d. :. `1''l Bid prices offered have tecta The prizeexeitsiu .:nc) totals have htvr, checked, 4. Bid Schedule has been compl ted and attacl •d. S. Any rc!qutred drawing'.descriptive literature,etc, have been included. o Any Jt ivery information required is included. 7 The following c,rl..ltrtc tt ndard decurraents have leen reviewed in iii,+systc: I. ConMtru t ori btd instru taor.form 2 Con,,e:ru lion seivicis agrcvment 3. Purchase order terms and conditions s; AU cel the lolinwtng bid forms have been completed and signed: d i Bid Form(Form I I / !U. Vc rdor Declaration Slam tent tForrt 10) C Urttrttcttirs Key Personnel i form 2i /11, Immigration 1; >.t Affrdae't C"ertifrcutic rt 1 :arterial VIMUfaclifters(Form 3) (Form I l) /4, oi`Mayor Subcontractors(Form 4) 'r 11. Vendor Substitute a'c's iF Fret Ihi /5. !,taten:+.ret of Experience (Form ft ✓� 13. Bidders Checklist{Form 3 this firm) /r,. Trenell Safety Act(Rude!ti) 14. Business ttt.X Receipt(Cot ler County ' f 7. Bid Bond Form(Ftarrn "i Businesses Only) Irte>urancc and Bonding Requirements Worm 1 /15 Signed Grains Provisions aaLktigc deft Confitct of interest Affidavit I I tarn! ! applicable r, Copies of required information have becn attached 1 I, Company's P.-Verify profile page ormemorandum ofunderstanding 2. Certtlicate of Authority to C.'onduct Business in State of Florida 3. Any'required p'oicssto Sal! .cerise`+ valid and current f ie:General Cnntmetors hcerts Underground Utility.and Exeaa.rtioa, Builders, 'Fr .c Contrackirs,etc.,as applicable,re'cluested turd or required.) 10. 1t'requited, the:imaurit of I:3 d bond has been chc i;ce1,and the Bid bond or earlier-'.chec ` has bcerr stibmittcd. 1 l: Any addenda hate hetet,signed and acknowledgement tent: attached and rtes fudad. 17', The aid will be uploaded m arm to he received ed no 'Liter than the sp;. it`ted:sawni:^tt date,1 d tutee,otherwise the i3iu cannot he con!sidcied Earthtfe EntefpriSeS, i Bider NaiyyiiS { 9-9-19 Signature r ;e Date Christopher Gehring-Pres4ent CAO 1 A rmipar,:v hi-formation 172'3". EVenly ii •„,,, Employment Eligibility Verification Company 'nformation ,E6j1 I P.Jr1b., tAeA PhybiCa,LOcatiOn MLnQ11410,,AS at.fri Adi1,11)(1.,1 tnhOrnalq3n ,t4 5 • C5'.• ,ZAt.o., aro,inotitc;r:00$1qOation g v.* Fthl h r Ii 1 1 1 2019 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# P00000098390 Jan 22, 2019 Entity Name: EARTH TECH ENTERPRISES, INC Secretary of State Current Principal Place of Business: 9106956672CC 6180 FEDERAL COURT FT MYERS, FL 33905 Current Mailing Address: 6180 FEDERAL COURT FT MYERS, FL 33905 US FEI Number: 59-3679652 Certificate of Status Desired: No Name and Address of Current Registered Agent: GEHRING,CHRISTOPHER L 3420 3RD AVE.S.W. NAPLES,FL 34117 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title PD Title VP Name GEHRING,CHRISTOPHER L Name LIRETTE-GEHRING.LISA A Address 3420 3RD AVE.S.W. Address 3420 3RD AVE SW City-State-Zip: NAPLES FL 34117 City-State-Zip: NAPLES FL 34117 Title AGENT Name KERSKIE,SCOTT Address 6180 FEDERAL COURT City-State-Zip: FT MYERS FL 33905 hereby certify that the information rr:dicared on this report or suppiemertal report rs true and accurate and that my electronic signature shall have the same legal effect as iF made under oath.that!am an officer or director of the corporation or the receiver or trustee empowered to execute tars report as required by Chapter 607.Fonda Statutes,and that my name appears above.or on an attachment with all other hire empowered. SIGNATURE:CHRISTOPHER GEHRING VP 01122/2019 Electronic Signature of Signing Officer/Director Detail Date CAO 1 A ,,,, ,,,x,,44_..a,„.,°,,Ive.‘742.1.1Ve4'Q,a,a,,,,arala 4:..",-,, ,,,',0,,,,..**40..„,.a. a,1,7"Warallen,444L-,nrada, •'4-.4-0 -a44.4*,,,a,',:,;;7a.,,L4E,VVZ7B.a 04,,m,-,,,' '''''' ', ',ILI;',,,,°,"r a 1 7 1 ‘. • , aa , Z .!.. r t, „ o 4-1 ; C 1 '14.4.... ..0 re C 0 1 < 0 ; 1 1-ti D w 1E Lu ..., I ct cf) <— u < < CO Z D 0 4-+ N 1 z i Z LI 'cl, 0 0 cu cu 0 csa u 1 0 Z 11,1 0 rag,1 5 U i--• C4 o a ...fz_ < ) V) Z r- CI — C) q) -, ..,,„, Ltd w s:X iFe ce tn CN t") —1 ..0 1,41 r.... 4 + i'"'" ra (13 f.A kJ,, u 0 < W v-i (1) Z ce it i -5:67 "0 MWRIII yorl ..., i I° >, Z 0: Ce iTw E i cx) ce L.L. I:1 Z w .... D > c" 4:r 2 _c LL IL. Z (A -r- Ce 0. ili < CD ell 0 0 (1) 0 < ) tx-4- V. tierl i a 2 I-- c tt) 0 1.1) Col C) 0 ca. Z (") v) w Cr) w .C... --= I.— (NI --I w LU . U I 0 CL. Ln 0 a) .... 0. • 1-- 2 Z f.:te U ..,ruf:e 1„., v_IT-4 41 Z 7., co L.; 73 4- i4s1 -- 0 '—' u- th z o ce Lt.! Li k...) g ._ i.. 1.... 0 0 0 p. a) - - x1 002 O C x > 1,),- D z4 0 UJ 0 >, rc ,ti) 1 7) 3 ...., — ce. t...., ...,,— ..-,- Zi . ar 0 .f tri Z v). , .2" —7 ,...,,j, w 0 C ce .e.— LIJ DJ Ac., .1..) * > 0 wCa. 0 -5- 5.- (...2 ; UI > 1 0 I (..) (/) Y CL, L.) LU a.-. e'l v j t•ifi,..t: ...; 4 'A. ,..-...,...„, ea-7:"E.Z•k_. 7 ,6\,'4•4°,4-a,.**Lt,'i" ° / k,,,""..4.,,t,', 44" a ''',", 1 \.-.4 , -. / et.1,.,..4.1-1 ' ,, EZI=MISW SENSMSE,110,42' o'kti \.,_..../ hA EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Bern Smith/ Chris Gehring Construction Superintendent Butch McGovern Project Manager 10 Construction Services Agreement:Revised 072118 e 1 1 A Cl/ SMITH DOCUMENT ISSUED TO COMPLY WITH THE FLORIDA STATUE CHAPTER 713.245 FRONT PAGE OF PERFORMANCE AND PAYMENT BOND BOND NUMBER: 0745673 SURETY: INTERNATIONAL FIDELITY INSURANCE COMPANY LOCAL ADDRESS: ONE NEWARK CENTER, NEWARK,NJ 07102 PHONE: 800.333.4167 CONTRACTOR: EARTH TECH ENTERPRISES,INC. 6180 FEDERAL COURT FORT MYERS,FLORIDA 33905 PHONE: 239.774.1223 OWNER COLLIER COUNTY BOCC NAME: 3295 TAMIAMI TRAIL EAST NAPLES. FLORIDA 34112 OBLIGEE NAME: SAME AS OWNER CONTRACT NUMBER: INVITATION TO BID # 19-7654 AMOUNT O F BOND: S3,579,500.00 PROJECT DESCRIPTION: BEACH RE-NOURISHMENT OF THE CLAM PASS,N PARK SHORE AND PARK SHORE BEACHES LEGAL DESCRIPTION OF PROPERTY: NA THIS IS THE FRONT PAGE OF THE BOND. 11A EXHIBIT B-1:PUBLIC PAYMENT BOND ITB# 19-7654 Bond No. 0745673 Contract No. 19-7654 KNOW ALL MEN BY THESE PRESENTS: That EARTH TECH ENTERPRISES, INC., 6180 FEDERAL COURT, FORT MYERS,FL 33905 as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY , as Surety, located at ONE NEWARK CENTER,20TH FLOOR,NEWARK,NJ 07102 (Business Address) are held and firmly bound to COLLIER COUNTY BOCC as Obligee in the sum of THREE MILLION FIVE HUNDRED SEVENTY NINE THOUSAND FIVE HUNDRED DOLLARS&NON00"'($ 3,579,500.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 24 day of SEPTEMBER 20 19 , with Obligee for 19-7654 BEACH RENOURISHMENT CLAM PASS,N PARK AND PARK SHORE BEACHES in COLLIER COUNTY,FL accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 24 day of SEPTEMBER 2019 ,the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. • 11 Construction Services Agreement:Revised 072118 • CrA O 11A • Signed, s- -• -n. •elivered in the : esence of PRINCIPAL EARTH TECH ENTE •RISES,INC. BERNARD MCGOVERN BY: I,./111 �mh„ Witnesses as to Principal NAME: • - •M„ ITS: PR DENT STATE OF 1-1-0A--1 o a COUNTY OF T� The foregoing instrument was acknowledged before me this I7 day of �3P��6riI-20 i t by Cert t fropN-cti CSN(L,.J , as Qr.e S oe -J•r of Ec -n.- T c'c' t.7rtitp&rst7, r' '-, a Fk.c tit n corporation, on behalf of the corporation.He/she is personally known to me OR has produced as identification and did (did not) take an bath. My Commission Expires: 6-22 Zv �-�/ (Sign- ur: of Notary) , ° : w : BERNARD F.MCGOVERN NAME: SQnr�`4"A M Y 0-4 e : p • MY COMMISSION#GG 218543 EXPIRES:June 22,2022 (Legibly Printed) 4.EOF 6OP•• Bonded T1vu Notary Public Underwriters APROPIMMAIMPINIIMIMIPIP FFIX OFFICIAL SEAL) Notary Public, State of c`- 0 A-A0P Commission No.: 4d. z i e5 ,1-3 ATTES URETY: (Printe Name) (Business Addre• (Authorized Signature) Witnesses to Surety (Printed Name) 12 Construction Services Agreement:Revised 072118 it A • 7) - OR 41110. LORI SANDERS ttor ey in Fact ( tach Power of Attorney) C • - - MATTHEW T SMITH,ATTORNEY IN FACT W nesses JESSIC MARTIN (Printed Name) CIO SMITH INSURANCE&BONDS 5260 SUMMERLIN COMMONS WAY SUITE 302 FORT MYERS.FL 33907 (Business Address) 239.243.9729 (Telephone Number) STATE OF FL COUNTY OF LEE The foregoing instrument was acknowledged before me this17TH day of SEPTEMBER 20 19 by MATTHEW T SMITH as ATTORNEY IN FACT of INTERNATIONAL FIDELITY INSURANCE COMPANY Surety, on behalf of Surety, He/She is personally known to me OR has produced PERSONALLY KNOWN as identification and who did (did not) take an oath. 04-1/ A My Commission Expires: 03/03/2023 (Signature) ,010ru LORIASANDERS Name: LORI A SANDERS :°r***� ' Commission#GG 302337 * ='61t * ExpiresMerch3,2023 (Legibly Printed) TAi r �� ThN9udOM Unica FLORIDA (AFFI °C3rFIC1AL SEAL) NotaryPublic, State of: Commission No.: GG302337 • is 13 Construction Services Agreement Revised 072118 Cel.} • 11A EXHIBIT B-2: PUBLIC PERFORMANCE BOND ITB#197654 Bond No. 0745673 Contract No. 19-7654 KNOW ALL MEN BY THESE PRESENTS: That EARTH TECH ENTERPRISES,INC. 6180 FEDERAL CT.,FT MYERS,FL 33905 as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY as Surety, located at ONE NEWARK CENTER,20TH FLOOR,NEWARK,NJ 07102 (Business Address) are held and firmly bound to COLLIER COUNTY BOCC as Obligee in the sum of THREE MILLION FIVE HUNDRED SEVENTY NINE THOUSAND FIVE HUNDRED THOUSAND AND NO/100*** ($ 3,579,500.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 24TH day of SEPTEMBER 2019 with Obligee for #19-7654 BEACH RENOURISHMENT OF CLAM PASS,N PARK AND PARK SHORE BFACHFS in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys'fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes,extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. ii 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. is In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 24TH day of SEPTEMBER , 2019 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 14 4. Construction Services Agreement:Revised 072118 I 1 A Signed, sealed and delivered in the presence of: PRINCIPAL * EARTH • ENT "'RISES,INC. ��--T BY: �I Witn sses as to Principal ., NAME: CH' STOP R G ITS: PRESIDENT STATE OF 'CzC' ti` COUNTY OF ef14- `� The foregoing instrument was acknowledged before me this I 7 day of STY 20 N by e t+e•— ( .- -i - , as f na 5 I OW r of a-,`,.Tu Ec« E cru-Pit,trCs , .�^; c • 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: (422-1 2-2- �� (Signet,re) Name: g e (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: FL-0A—`0 A Commission No.: 6 G Z f 43 5•-f 3 };r BERNARD F.MCGOVERN v r ;,; MY COMMISSION#GG 218543 �T�^•_P EXPIRES:June 22,2022 .FOF FSO, Banded T' u Notary Public Underwriters • is 15 Construction Services Agreement:Revised 072118 1 1 A ATTEST: RETY: (Printed •-me) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) r, OR (U.(1/ LORI SANDERS s rney in Fact (Att ch Power of Attorney) jtn2,ta;_DC.c—%. MATTHEW T SMITH,ATTORNEY IN FACT esses JESSIC MARTIN (Printed Name) CIO SMITH INSURANCE&BONDS 5260 SUMMERLIN COMMONS WAY SUITE 302 FORT MYERS, FL 33907 (Business Address) 239.243.9729 (Telephone Number) STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this 17 day of SEPTEMBER 20 19 , by MATTHEW T SMITH as ATTORNEY IN FACT of INTERNATIONAL FIDELITY INSURANCE COMPANY, a CORPORATE Surety, on behalf of Surety. He/She is personally known to me OR has produced as i dentification a who dic i ak an oath. My Commission Expires: �Xj\ t) t �� 03/03/2023 (Signature) �►i'rPo�i LORIASANDERS Name: LORI A SANDERS '�'��'�' Commission#GG302337 (Legibly Printed) (MN AF�a 4 oe Expires Me 23 FLORIDA N ,rs?FF ,taw s«Nea NotaryPublic, State of: Commission No.: GG302337 16 Construction Services Agreement:Revised 072118 CAO POWER OF ATTORNEY Bond# 0745673 1 1 A INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY One Newark Center,20th Floor, Newark,New Jersey 07102-5207 PHONE:(973)624-7200 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint MATTHEW T. SMITH Fort Myers, FL their true and lawful attomey(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, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July,2015 . "RESOLVED, that (1)the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December,2016 4`Q� T�l � STATE OF NEW JERSEY (---,p,SUAL7.,_ � 04 o�`r'Mt,-9s County of Essex � ale o SERI �niA=t2 <— J - ;~ tsoa.. Q 1936 tE ��l` George R.James *� 47 + ISI Executive Vice President (International Fidelity Insurance Company)and A Vice President (Allegheny Casualty Company) 4'FWJER4- On this 31st day of December,2016 .before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly swom,said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUALTY COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. `��.,`,,,,,,,,""',, IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, 1.114Y CRG % 1 1 A 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, 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 072118 CAO 1 1 A 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(s) and charge the Contractor for such coverage(s) 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(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) 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 072118 4� C tai 11 /i. Collier Count Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits . Worker's Co pstsatiin Statutory Lututs of Horida 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 prof of exemption An application for exemption can be obtained online at E31tp, 't_zp s It fs,eona wltx.exentlkt '. ( Employer's Liability $1,000,000 single limit per occurrence 3. 0 Commerc€al General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the i urgent $1,000,000 single limit per occurrence:,$2,000,000 aggregate for Bodily injury I..tfab'tlity ISO form and Property Damage Liability. This shall include Premises and Operations; Independent Contractors: Products and Completed Operations and Contractual Liability. 4. 0 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 C'ontractor1 Vendor or anyone employed or utilized by the Contractor Vendor in the-performance of this A Beni nt. 5. (lw\utornobile Liability 51,000,000 Each Occurrence; Bodily injury & Property 0tmage, 0wned.Yon-owned.,iiired; Automobile Included [i. ❑Other insurance as noted: 0 Watercraft __.....Per Occurrence ❑United States Longshoreman's and Harbotworker's Actcoverageshall be maintained where applicable to the completion of the work. Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work Per Occurrence ❑Aircraft Liability CON crag shall be carried in limits of not Lss thin S5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Per Occurrence 0 Pollution S Per Occurrence 0 Pratessional Liability S Per claim&in the aggregate 0 Prome t Professional Liability x Per(1)ccurrence Valuable Papers Insurance S Per Occurrence ❑Cyber Liability S Per Occurrence Technokig,y Errors &Omissions S Per Occurrence CA 7 1 1 A. Z Bid bond Shall be suhmttted t.!}p nvo.as r ypsa,rlse it:!t�form of certified fn sd._cashiers':•hk e t r tm irrcv,+r�ilik kncr ot'credtt.a cash bond posted with the Cott:tti Clerk.or propo. t! bond to a Aar"ekIL'al to the cost propo a i l!checks i;1133 he made Payable t'1 the ( Ater r C Ounfl Board trd o Count\ Commissioners on a hank or trust Company located in the State of Ganda and insured by the Federal Deposit Insurance C+rpo+ratic:n _ I t +rllaticr and 1'or projr is in excess of$'_'00 0t_it"1, bonds shall he submitted with the executed:ontr ict Payment Bonds by Proposers receivingawtrd,and written for IJt)'' of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance nd Pa}3ttent )odds shall be underwritten by a surely at:thorixed to do business in the$tate of Florida and otherwise acceptable to Owner: pror tded. however.the surety .hall!be rated as"A-•°car better:rs to general policy holden eating and Class V"or higher rati:1H as to Finan{pial size categoty :and the amount required shall not exceed 5°4. of the rutted policy holders' sVrpleti, all as reported in the most correct Best Key Rating Gu:ek, publ,shed by A.M. Best Company Ine of 73 Fulton Street.New York. New York 1.01X‘X v. E Vendor shall ensure that all subcontractors earn d virh the sante insurance requaenients that be is required to meet. the Vendor shall provide County wall) certificates of insurance meeting the required insurance provisions. I tit y collier County must be named as ";'ADDITIONAL INSURED' on the Insurance Certificate for Curnnre eial General I lability where.required. Pus insurance shall be primary ani non-contributory with respect to any Other insurance maintained by,cur;i ailaHe for :he benefit f.the Additional Insured and the Vendor's policy shall be endorsed accordingly: 11. rhe Certificate Hoido {hail he named as Collier County t3oard of County Co:,t:mis.sicnrrs, OR. Board of County C+lrt:nassiork;rs in Collier County,OR Collier Count' Government.OR Collier County. The.Certificates of Insurance must state tate Contract Number.or Pr.:l.teit Namber,pit specific Prtapeci Iescr purit.or most read For any acid 41I work p-r:rformed on behalf of Collie: County 1?. El On all certificates, the Certificate Holder must read;Collier County Board ofCoinmisstoaetts, 3295I ntiattu Trail Last, aples.FL34i1_ t 2i Thirty t 3O) D l►s Cancellation Notice rc. Tarred. 14, Collier County shall procure and maintain Builders Risk Insuraact on all coriaruc Lion projects wix relit is deemed necessary. Such ci�ti°erabe$tali be endorsed to cover the interests of Collier Ca tray as well as the Contrtcor. Pr burns shall be billed to tete pn jeer,and the Coatraetur shall rot include Builders Risk Premiums in its pr,7;t4 :t proposal or pr.3ect billings. All questions reg..wding Builder's Risk Itssarance will he addressed by the Collier County Risk Management Div . 5:11;'l9-CC encksr's lnsurnui a Statement • e understand the insurance requirenlCnta of flier$ ecifications and that the evidences-f insurability may be requited u,ihirl fire 15) ds•.s of the aw i:dd of this TI-a- instil' inert provi ie ccitiveruge for 3 rninrmirnl of:eta (6) months from the date of award: f C Earn Teo Enterprises,i 9.91 rn?:c o f Kir i hate Vendortiitiriaturr .._...,,,_..__.- _. �__._ ,__..__...__._...._._...,...._.... �_._.. ,.� ...�._— Citustnpher Gehnny- widen rue 1 .tli`;. 'ITC Insurance Group 1175 west t..onci..ake Road,Surtti 200 t sly Michigan 48196 Agent Na i1a Jeff Chant larTel pphone Number r2 8)628"3377Matth>ew Smith _ ..... _.�.__. (2P9)560.0137 CA() 1 1 A EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me,the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated ,20 for the period from to .This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed,shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits,actions,claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: Witness ITS: President DATE: Witness [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.: 21 Construction Services Agreement:Revised 072118 hA 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: Project No. County's Division Name Purchase Order No. Submitted by Contractor Application Date: Representative: Name Contractor's Name& Payment Application No. Address: Original Contract Time: Ori inal Contract Price: $ Revised Contract Time: I 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 0/0 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 072118 hA 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 RETAINAGE RETAINAGE PREVIOUS APPUCATIONS THIS &STORED (reduced rate) WITHHELD 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 cot into play. If this happens,all information up to the date of the%change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column.This states what has happened since the change in retainage. 23 Construction Services Agreement:Revised 072118 ilL 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 072118 11A EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http://bccsp01/SiteDirectory/ASD/Purchasing/Formsl/Forms/Default.aspx Change Order Form Contract#: Changea: FurchaseOrder#: Project a: Contract)r1 Fi rm Name: Project Name Project Manager Name Department: anginal Ccrtract"A`cr.(Order Amount Jriginal BCC Approval Date:Agenda Item## Current BCC Approved Amount Last BCC Approval Date;Anda Item## Current Contract:Via( Order Amount SAP Contract Expiration Date(Master) Dollar Amount of the Charge #CIV`D' Total Change from Original Amount Revised Centre al,i or*ander Total 5 0.00 wDIV'0l Change from Current BCC Approved Amount Cumulative Charges ,. 0.00 wC IVr0i Change from C urr ent Amount Completion Date, Description of the Task's)Change,and Rationale for the Change Notice to Proceel Original I Last Approved Revised Date Date I Completion Dat Date cian^.;e; #ofDays Added Select Tasks 0 Add newtask(s) 0 Deletetask(s) 0 Changetask(s) 0 Other;seeos ; Provide a respo n se to the fo lowing:1.)detai led and specific ex p lariationhatio nale of the requested ch ange(s)to the task{s)and or the additional days added if requested);2.)why this change was not included in the o rigi nal contract;and,3.)describe the impact if this change is not processed. Attach additional information from the Oeste Professors,ar:or Cortra for rf r:eced. Prepared by: Dale: ',lar3_z. N3^1 a":Department) Acceptance of t h e C•_';e = _ = a moarfraticr to cord rad work order derided above ar d will be s object to all the same terms and cora ors___;,r.a revir' :=-7-3:1:work orae, r.acatedatove.,as fully as if he same here tale n lbr ao- frtarce. The adjustment.if any.... =C nmran s ha ::"F e a fstl sr. f^a;settlemert of ary and ail claims of the Contractor I'd=rcot Consi hard Design Pr©fessc _ ;:_tcforrra.:_ :: _.hs. ;ese f .r __,r ircWing ctaimsforimod and-delayCOSTS . Accepted by: Date: {Cor a:.., .e aor Cars Oar! Design Profess,or.vend Name ofFirm.rfproActappicable) Approved by: Dale: {Des igr Profess iarai and Name of Firm,if project applscaba; Approved by: Date: PrxUremem Frotes so>nal 25 Construction Services Agreement:Revised 072118 1 1 A 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 072118 1 1 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 072118 hA1 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: PO No.: Date: 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 072118 1 1 A 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 instal led 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 072118 0 1 1 A 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 072118 1 1 A limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing,the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 31 Construction Services Agreement:Revised 072118 CAO hA stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's procurement ordinance and policies. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 32 Construction Services Agreement:Revised 072118 HA 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 072118 1 1 A 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shal I 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 072118 CAO 1 1 A 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 072118 CAO I 1 A (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all 36 Construction Services Agreement:Revised 072118 1 1 A 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 072118 hA1 Directive. 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. 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 to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pend ency of any Claim. 38 Construction Services Agreement:Revised 072118 I1M 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 Contractor/Vendor/Consultant i n 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. 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. 39 Construction Services Agreement:Revised 072118 1 1 A 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 072118 1 1 A 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-Verifv. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 41 Construction Services Agreement:Revised 072118 11A 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 072118 1 1 A 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below . 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager 43 Construction Services Agreement:Revised 072118 hR 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 072118 1 1 A 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 072118 hA 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 reconstructio n. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools,appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall 46 Construction Services Agreement:Revised 072118 1 1 A 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 072118 ,t ,� 1 1 A 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 otherw ise 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 072118 . .(i) hA 1 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 072118 1 1 A 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 072118 S 1 1 A 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 ti me 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 072118 hA1 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 072118 CAO 1 1 A 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 072118 hA 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 exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A"project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing /will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/ petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 54 Construction Services Agreement:Revised 072118 (',t() 1 1 A 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 55 Construction Services Agreement:Revised 072118 hA EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS n Not Applicable ® Attached hereto, following this page (containing 15 page/s) 56 Construction Services Agreement:Revised 072118 1 A EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE This project activity is funded in whole or in part by the Federal Government,or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract(including a purchase order). Compliance with Federal Law,Regulations and Executive Orders: The Sub-Recipient(County)agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded Subaward and Grant Agreement. (ii)the subcontractor is bound by all applicable state and Federal laws and regulations. and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement.to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal, State. and local laws, regulations,codes and ordinances: 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 44 C.F.R. Part 206 .. The Robert T. Stafford Disaster Relief and Emergency Assistance Act.Public Law 93- 288,as amended. 42 U.S.C. 5121 et seq., and Related Authorities FEMA Public Assistance Program and Policy Guide,2017 (in effect for incidents declared on or after April 1. 2017) Reporting: The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation,and other reporting in order to satisfy reporting requirements to the granting agency. Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits. examinations, excerpts,and transcriptions.(2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representativesaccess to construction or other work sites pertaining to the work being completed under the contract.. DHS Seal, Logo,and Flags: The contractor shall not use the DHS seal(s). logos, crests,or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. No Obligation by Federal Government:The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. EXHIBIT I- 1 CA0 1 A EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Ener ' Policy and Conservation Act. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30)day written notice, The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of'funding agreement"under 37 CFR§401.2(a)and the County wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental, developmental, or research work under that-funding agreement"the County must comply with the requirements of 37 CFR Part 401, -Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Changes: See Standard Purchase Order Terms and Conditions. Procurement of Recovered Materials (§200.322)(Over$10,000): (1)In the performance of this contract. the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule:(ii)Meeting contract performance requirements;or(iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site. https nwww.tpa.C-MIStrirnico.mprehers:ve-procurernert-ci4jdelige:cpg: Pr2ara11). Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C,F.R. pt. 180 and 2 C.F.R. pt.3000.As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995),or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000. subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180. subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment (4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt.180, subpart C and 2 C.F.R,pt. 3000,subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracting with small and minority businesses,women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses. women's business enterprises,and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; EXHIBIT I-2 1 1 A EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce;and (6)Requiring the prime contractor,if subcontracts are to be let,to take the affirmative steps listed in paragraphs (1)through (5)of this section. Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60. all contracts that meet the definition of-federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. §60- 1.4. During the performance of this contract, the contractor agrees as follows: I. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex. sexual orientation, gender identity,or national origin.The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex. sexual orientation, gender identity,or national origin.Such action shall include,but not be limited to the following:Employment. upgrading,demotion,or transfer,recruitment,or recruitment advertising;layoff or termination;rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race. color,religion, sex. sexual orientation, gender identity,or national origin. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge.in furtherance of an investigation, proceeding, hearing,or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. IV. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24. 1965,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations. and relevant orders of the Secretary of Labor. EXHIBIT I- 3 ' 1 A EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24. 1965. and by the rules, regulations, arid orders of the Secretary of Labor. or pursuant thereto. and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations, and orders. VII. In the event of the contractor's non-compliance with the nondiscnmination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule, regulationor order of the Secretary of Labor,or as otherwise provided by law. VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in,or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages: liquidated damages. In the event of any violation of the clause set forth in paragraph(1)of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1)of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1)of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2)of this section. EXHIBIT 1-4 I A EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCES 14) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1)through(4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4)of this section.' Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor.arising out of or relating to this contract,or the breach of it,will be decided by arbitration, if the parties mutually agree. or in a Florida court of competent jurisdiction. Clean Air Act and Federal Water Pollution Control Act: (over$150,000) (1)The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended. 42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 ef seq. (3)The contractor agrees to report each violation to the County and understands and agrees that the County will,in turn,report each violation as required to assure notification to the Federal Emergency Management Agency. and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding$150.000 financed in whole or in part with Federal assistance provided by FEMA. Byrd Anti-Lobbying Amendment (31 U.S.C.§ 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of 5100.000 or more shall tile the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency. a member of Congress, officer or employee of Congress.or an employee of a member of Congress in connection with obtaining any Federal contract. grant, or any other award covered by 31 U.S.C. §1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place In connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I- S • 11A EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES STATE PROVISIONS Equal Employment Opportunity: No person on the ground of race. creed,color, religion, national origin, age, gender, or disability. shall he excluded from participation in: be denied the proceeds or benefits of, otherwise subjected to discrimination. Discriminatory Vendor List In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with 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,and may not transact business with any public entity. Notification: The Contractor shall notify the County if it has been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on as website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services. Office of Supplier Diversity, at (850)487-0915. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from. Interest of Public Officials: No member,officer. or employee of the public body or of a local public body during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States: and public corporations. boards, and commissions established under the laws of any State. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. Record Retention — A. The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County the State, or its authorized representatives access to such records for audit purposes upon request. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5). Florida Statutes.for the inspector general to have access to any records. data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Conflict of Interest: This ContractWori( Order is subject to chapter 112, F.S. The vendor shall disclose the name of any officer,director, employee,or other agent who is also an employee of the State, Grantee shall also disclose the name of any State employee who owns,directly or indirectly, more than a five percent (5%) interest in the Contractor's company or its affiliates. In order to comply with Florida Auditor General report 201 4-064 regarding conflicts of interest and to be consistent with Section 287,057(17)(01),F.S.,all monitoring data and statistical analysis must be provided directly and concurrently from the monitor to the FDEP, County, permittee and engineering consultant. Data Collection: All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits. unless otherwise specified in the approved scope of work for an eligible Project item.The monitoring standards may be found EXHIBIT I-6 11 A EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES at: tT.0.22f1(12rTia1ep,a2dwater,t:.eperies-iniets-pprioni.inlerits?rnoriltorug-<)v eroiew-ph.pical-ronitotirr,-1 Diversity-All contracting and subcontracting opportunities afforded by this solicitationlcontract embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. Firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors.including those who qualify as a Minority Business vendor. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850)487-0915 Applicable Laws - The contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the County. The contractor acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. Local Preference -Pursuant to Section 255.0991, F S. local vendor preference is not applicable EXHIBIT 1- 7 1 A EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES PAGE LEFT INTENTIALLY BLANK EXHIBIT I-8 C4 0 1 1 A EXHIBIT I FB]E��LC0NTF0\CTPROVISIONS AND A88UFA0�|ES _ GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLiNE TO BE CONSIDERED RESPONSIVE 1. Acknowledgement of Grant Terms and Candidons 2. Certification Regarding Debarment,Suspension, IneUgibility and Voluntary Exclusion 3. Certification regarding Lob 4. Anticipated DBE, MWBE or VETERAN Participation Statement 5. Opportunity List for Commodities and Contractual Services and Professional Consultant Services 6, Conflict of Interest EXHIBIT|'9 1 A EXHIBIT ! FEDERAL CONTRACT PROVISIONS ANO ASSURANCES Acknowledgement of Terms,Conditions,and Grant Clauses Certification If the vendor subcontracts any of the work required under this Agreement.a copy of the sired subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that kl the subcontractor is bound by the terms of this Agreementtil) the subcontractor is bound by all applicable state and federal laws and regulations. and the subcontractor shall hod the Department and Recipient narraess against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcont act. the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Seztlon 288.703. Fla, Stat. On behalf of my firm, I acknowledge, the grant requirements identified in this docurnant EARTH TECH ENTERPRiSES INC Vendor/Con/actor Name Date September g.„2019 Authorized Signature at-ask: - Presdent EXHIBil 1 10 CA() 1 1 A EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions 1 The prospective subcontractor of the Sub-recipient,Collier County.certifies,by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. r2) Where the Sub-recipient's subcontractor is unable to certify to the above statement,the prospective contract shall attach an explanation to this form. CONTRACTOR EARTH TECH EN Ell2PRI:i ES.INC. By: Signature Christopher Gehring=President Name and Tide 6180 Federal Court Street Address Fort Myers. Florida 33905 City,State, Zip 171511137 DUNS Number Sub-Recipient Name: Collier County Board of County Commissioners EXHIBIT I -11 I 1 A EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT be ViTettr+a We statuses v.rs',!require the Mi.it to eivatr procide reatsee statement or pTgyi de source-kormentation that validatesa slaTuS A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PROM FE;C;NUMBER CONTRACT DOLLAR AMOUNT ..... 59-367952 Earth Tech Enterprises.Inc TBD PW ME Flo;'Os-CEPPECI 2LED '4BTEIFLAN Y Ti-IE ACTIVITY OF THIS CCOMACT. MINORin OR'WOMEN BUSAESSENTEPPIPSE' .) 05E? T CONS-AMNON iDBOLISE/WESE)OR HA A SMALL DISAMANTAGED ausNzss CEPTIVCAT1ON FPOM'ME BUSINEZ "5E' Y COtISUITAIICRIV5' ADM NISTRATION? SEIEN E DiSATFLED VETERAN' f OretER7 r si? v ('c) TN .UBI.ItS5Z.!* ;EVS'ION T VEr,FEV;SION trt,MBEP Si IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A OISADVANTAGED MINORITY!,WOMENOWNEO4 EMAIL . , BUSIfiESS CONCERN OR SERVICE DI-SABLED VETERAN,PRIME is TO COMPLETE THIS NEXT Str41010 DBE mi•INSE SUBCONTRACTOR OR SUPPLIER TYPE OF WORX OR EllitoCITY CODE SUB/SUPPISER PERCENT OF CONTRACT V'ETIVAtt 14,kMf I See Baksut) DOUAR AMOUNT DOLLARS Gulf Shore Trucking Trucking NMW TBD TBD Kate's Enviro Fencing Erosion Control NMW TBD TBD TOTALS- C. SECTION TO BE COMPLETED BY PRIME VENDOR/(01VTRACTOR NAME OF SAJBMII it it DATE TfTlf OF SUBMITTER Earth Tech Enterprises,Inc. 9-3.19 Manager EMAIL ADNIESS Or PANE ististorrrall--- TELEPHONE HUMBER FAX 14 UMSEP but chgea rthtechente rphseS.corn 2 -7 74-1223 239.774-1227 NOTEThi.sinfocrnavon isused,to track and report anticipated DEE of Ma C parocipacsrs fedetally-hirased Conttaea..The antiapiatext ORE or iv BE arrassav is voluntary and aiitl i102 become part of the contractual terms This Tann?flint b suhrnqted at urne of response to a sokicitatson rt and when awarded a count contraa the prime vo!; ad.:ed To ttocate the,ntarrnaban for the grant comp;ianca fr'es. tikkakfarl CODB sliack.o..merscan BA Ss panic 4..renca n tst. Nat'lk Xilwriart NA siancont Asan A moncan Avail-Pacific American APA Non-mints:qv orne n NLIW Other_not of any calif gaup fisted 0 , . . . D.SECTION TO BE COMPUTED BY COWER COUNTY DEPARTMENT NAME COWER-ouTPAcre IFB'.FLFP P0,12E0:. GRAIIT PP OG RAM/CONTRACT ACCEPTED BT. DATE EXHIBIT! -12 1 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES 61D OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONA1.CONSULTANT SERVKES d is riJ-..e xiiiiiiriii,i of CeriierCount y drar disadrontogeti b siaesses and I:warty sendu s,as defined ri the Code al Federal Pep:iat ons( FPt or .PronAts;catutes FSj.rrusr I—the eotks+t`anrcv 7a partietp to on cortocts withfedero and/or state;ram esstsnanee. Pf;isatantsactouPrmeCans titant Earth Tech Enterprises.Inc Address and Pune Number 8180 Federal Court Fort Myers. Fl 33905 (239)774-1223 proolaremm ent raurnber!attreruserhent Number 19-7654 he lax bettor a Intended To be a hstatrg e faros that are,or attempting to,participate on the project numbereaabohe The iisz roust inctude The firm bidding or gaoting as prime,as welt as sobs and suppliers quoting for participation Prime contractors and consuttants must provide,nforriation for unte s 1,2,3,and 4.and.should prainde airy=nforinatron then hare for Numbers 3,6,7,and S This form must be subnrtted with the bus pa.:kate 1. FeCiaralrax Numb46-3084176 5 4 CdE Z. Ann Gross QECSnSitS 2 Frim Name Gulfshote Trucking ,_,_, Non-68E i.es than 51 mdtion 3 Phone Number _219-288-7140 Berneen$1-5 malt iOn . i9d4ress 7601 Jean Blvd between$5-10:t hen Ft Myers. Fl 33967 7, L_.-_,I abcontractor Between S 10-15 rniPion 5W-consultant More than S 15 ration, 5 'tear F rm Established 2013 1 Federal Tea 10 Number. 65 0678751 6 r DBE a annual Gross Receipts 2. Firm Name Kates Frwiro Fenciry ~ Non-DBE x Leas that\51 miibon 3. Phone Namber 239-948-3116 —Between 5 1.3 rxu3ion 4..,s6d*es 3485 Qu a l Driveeetw:TMen 5 5-10 million Bonita Springs. Fi 34134 7. ,1 suocorn Tactor �'eerxeen<_10-15 mullion • SubcoruultantMort than 5 15 minion _. rear F:try E.tatlishecl 1996 1 Feoerai Taa,et Number 03-0476653 6. . DBE £ Annual Gross Receipts 2 Firm Name Hyatt Survey Non-G6E wrLe'ss than$1 rhinion ...me-.3 Rhone Number 941-679--3451 �r....seraoeen 5 4.5 mi6l iu't i 4 Address. 2012 Lena Road Between$5-10 rrmiatort Bradenton. Fl 34211 7, X Sabccxmactor Between 510-15tarsxiot\ ,....-. SIIacouuhant More than S is nits Bon 5. Yeas Farm Established: 2002 I. re defer Tax,b Number: 65-0874962 6. D5E s. Aroma cross aaceapts -- 2. Firm Nae GFA International .. Non- BE Nettle e'ss than$s rhos n 3 Phone number 8O0-12-7522 Between 5 i-5 million 9. address 1215 Wallace Drive "7"-IBerwr n$5-1armSion --. Delray Beixh. El 3344 7. $4ixorttractsr Between$13-.13 rrsrkton X Sutxarauttant ^•mar'e than 515 mittirm 5. Year Fum Establishers t to 8 EXHIBIT! -13 I A F_XHIBIT FEDERAL CONTRACT PROVISiONS AND ASSURANCES LOBBYING CERTIFICATION Ii (To at.Lm1Itai with each 1?ki or offer exOeding:$100,000} The undersigned !Contractor) certifies,to the best of his or her knowledge. that 1.No Federai appropriated funds have been paid or be paid,by or on behalf of the undersigned, to any person for influencing c atternptirg to fluence an officer or employee of an agency a Member of Congress, an officer or employee of Congress, or an employee d a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant. the making of any Feceral loan, the entering into of an/cooperative agreement, and the extensioncontinuation, renewai, arnenciment. or modification of any Fecerat contract, grant. loan,or cooperative agreement. 2. if any funds other than Federai appropriated funds have been pad or will be paid to any persor for infiuencog or attempting to influence an officer or employ of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete arid submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that:he language of this certification be included in the award documents for all subawards at ail tiers (incli.xling subcontracts, subgrants, and contract under grantsloans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a materiai representation of tact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposec by 31, U.S.C_§ 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and notmore than S100,009 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy cf each statement of its certification and disclosure, if any In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. §3801 et seq.,apply to this certitcation and disclosure, if any. EARTH TECH ENTE" ^R!P; 5, Contractor(Firm Name ; SE.matJre of Contractor stAuchorized Official 1.1 Christepher Gehring Prevdent Name and Title of Contractor's Authorized Official 9.9-19 Date • -14 1 A EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCES CONFLICT OF— INTEREST • tr •7654 Collier County Solicitation No, chrisiopherGeifirrr , hereby certify that tc tne best of my knaNledge,neither I nor my spciase. dependent child, general partner. or any organization for which I am serving as an officer, director, trustee, general partner or employee. or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my housefxsId. Also, to tne best of my knowledge, no member of my household., no relative with whom I have a close relationship-, no one with whom my spouse. parent or dependent child has or seeks employment; and no organization with which I am seeking a business relaunship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or persona1intwest as described above that would be affected by the matter, and to disclose any int est , or anyone noted above, has in any person or organization that does become involved in, or is affected a 4lar date by, the conduct of this matter. ohrisieener Gescieg Name Signature Presdent 9-9-19 Position Date Privacy Act Statement Te I of the Ethics ;n Government Act of 1978 (5 U,S,C_ App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting oi this information The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Add;ticnal disclosures of the information on this report may be made (1)to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations:(2)to a court or party in a court or federal administrative proceeding if the government is a party or in oroer to comply with a judge-issued subpoena: (3)to a source when necessary to obtain information relevant to a conflict of interest investigation or decision, (4)to the National Archives and Records Adminiszation or the General Services Administation r records management inspeetionsi, (5) to the Office of !•ilanagement and Budget during legislative coordination on private relief legislation-. and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter,Thisc 4identI cart ficat on•,.44111 not he disclosed to any requesting person unless authorized by law. See also the OGELGOVT-2 executive branch-wide Privacy Act stem of recoros. EX'rtIBT I - 15 Cito _ 11A AC�, DATE(MM/DD/YYYY) �, CERTIFICATE OF LIABILITY INSURANCE 9/16/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CAMONTEA:CT WendtY Hingson son N VTC Insurance Group PHONE (239) 275-8226 FAX (239) 275-8837 (AS o.Fan: (AIC!10)_ Troy Office E-MAIL ADDRESS: 1175 W. Long Lake Ste. 200 INSURER(S)AFFORDING COVERAGE _NAIC# Troy MI 48098-4960 INSURER A Amerisure Insurance Company 1948$ _— INSURED INSURER B Amerisure Mutual Insurance Company 23396 Earth Tech Enterprises, Inc. INSURER c:Zurich American Insurance Company 16535 South Grove Mine, LLC INSURER D: 6180 Federal Court INSURER E: Fort Myers FL 33905 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1 94233368 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 ADDL—SUB — POLICY EFF POLICYEXP LTR TYPE OF INSURANCE INSD WYD POLICY NUMBER (MM'DD/YYYY) (MWpD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY1,000,000 EACH OCCURRENCE $ DAMAGE TO RENTED A 1 CLAIMS-MADE I X I OCCUR PREMISES(Ea occ,Jrrence) $ 100,000 X CPP2111715 4/5/2019 4/5/2020 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY I X I ICI LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED — AUTOS X AUTOS X CA211712 4/5/2019 4/5/2020 BODILY INJURY(Per accident) $ NON-OWNED PR X HIRED AUTOS 1 X AUTOS PROPERTY a tide DAMAGE $ f Q accident) UnderInsured motorist $ Included B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000.000 EXCESS LIAB CLAIMS-MADE CU2111714 4/5/2019 4/5/2020 AGGREGATE $ 5,000;5,000,000_ DEC X RETENTION$ 0_ $ A WORKERS COMPENSATION X ERI OTH AND EMPLOYERS'LIABILITY I PER E.. YIN ANY PROPRIETOR/PARTNER/EXECUTIVE WC2111713 4/5/2019 4/5/2020 EL.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? I NI N/A --- -- -- — ----- (Mandatory In NH) E.L.DISEASE EA EMPLOYEE $ 1 000,000 II es,describe under -_ r-- ' DESCRIPTION OF OPERATIONS belowE L DISEASE-POLICY LIMIT $ 1,000,000 C Inland Marine IM 5666360 4/5/2019 4/5/2020 Leased/Rented-Any One Item $800,000 Deductible: $25,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Project: 19-7654 Beach Re-Nourishment of the Clam Pass, North Park Shore and Park Shore Beaches Collier County is listed as an additional insured on a primary and non-contributory basis with respects to the General Liability and Automobile Liability Policies as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commission THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 Tamiami Trail East ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112 AUTHORIZED REPRESENTATIVE /� Alan Chandler/V232 * _-� e.5 41 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) 1 1 A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number Agency Number Policy Effective Date CPP21117150001 0125253 04/05/2019 Policy Expiration Date Date Account Number 04/05/2020 09/16/2019 20018384 Named Insured Agency Issuing Company EARTH TECH ENTERPRISES, INC V T C INSURANCE GROUP AMERISURE INSURANCE SOUTH GROVE MINE, LLC COMPANY 1. a. SECTION II-WHO IS AN INSURED is amended to add as an additional insured any person or organization: (1) Whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business; or (2) Who is named as an additional insured under this policy on a certificate of insurance. b. The written contract,written agreement, or certificate of insurance must: (1) Require additional insured status for a time period during the term of this policy;and (2) Be executed prior to the"bodily injury", "property damage",or"personal and advertising injury" leading to a claim under this policy. c. If, however: (1) "Your work"began under a letter of intent or work order;and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work;and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in ' part, by: (1) Premises you: (a)Own; (b) Rent; (c) Lease; or (d)Occupy; (2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily injury"or"property damage"occurring after: Includes copyrighted material of Insurance Services Office, Inc. CG 70 48 10 15 Pages 1 of 4 IIA (a) All work to be performed by you or on your behalf for the additional insured(s)at the site of the covered operations is complete,including related materials, parts or equipment(other than service,maintenance or repairs);or (b) That portion of"your work"out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a Part of the same project. (3) Completed operations coverage, but only if: (a) The written contract, written agreement,or certificate of insurance requires completed operations coverage or'your work"coverage;and (b) This coverage part provides coverage for"bodily injury"or"property damage"included within the"products-completed operations hazard". However,the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract,written agreement,or certificate of insurance: (1) Requires"arising out of'language;or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured—Owners, Lessees or Contractors—Scheduled Person Or Organization endorsement CG 20 10 10 01;or (b) Additional Insured—Owners, Lessees or Contractors—Completed Operations endorsement CG 20 37 10 01; then the phrase"caused, in whole or in part, by"in paragraph 2.a. above is replaced by"arising out of'. c. if the written contract,written agreement,or certificate of insurance requires you to provide additional insured coverage to that person or organization by the use of: (1) Additional Insured—Owners, Lessees or Contractors—Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13; or (2) Additional Insured—Owners, Lessees or Contractors—Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13;or (3) Both those endorsements with either of those edition dates;or (4) Either or both of the following: (a) Additional Insured—Owners, Lessees or Contractors—Scheduled Person Or Organization endorsement CG 20 10 without an edition date specified;or (b) Additional Insured—Owners, Lessees or Contractors—Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.a.above applies. d. Premises, as respects paragraph 2.a.(1)above, include common or public areas about such premises if so required in the written contract or written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1)(c)above does not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; (3) Certificate of insurance; or (4) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 4 CG 70 48 10 15 1 1 A g. The insurance provided to the additional insured does not apply to"bodily injury", "property daniage", or "personal and advertising injury"arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render,any professional services, including but not limited to: (1) The preparing,approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (c) Opinions; (d) Reports; (e) Surveys; (f) Change orders; (g) Design specifications;and (2) Supervisory, inspection, or engineering services. h. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4.Other Insurance is deleted and replaced with the following: 4. Other Insurance. • Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b. Excess; c.Contingent;or d.On any other basis; but if the written contract,written agreement,or certificate of insurance requires primary and non- contributory coverage,this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured,and we will not share with that other insurance. i. If the written contract,written agreement, or certificate of insurance as outlined above requires additional insured status by use of CG 20 10 11 85,then the coverage provided under this CG 70 48 endorsement does not apply except for paragraph 2.h. Other Insurance. Additional insured status is limited to that provided by CG 20 10 11 85 shown below and paragraph 2.h. Other Insurance shown above. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS(FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract,Agreement,or Certificate of Insurance that the terms of CG 20 10 11 85 apply (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Includes copyrighted material of Insurance Services Office, Inc. CG 70 48 10 15 Pages 3 of 4 1 1 A J. The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. - Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 4 CG 70 48 10 15 11A Earth Tech Enterprises, Inc. Policy#CPP2111715 South Grove Mine, LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ' FLORIDA CONTRACTORS GENERAL LIABILITY EXTENSION ENDORSEMENT TABLE OF CONTENTS Page 1. Additional Definitions 9 2. Aggregate Limits Per Location 3. Aggregate Limits Per Project 7 4. Blanket Contractual Liability—Railroads - 3 5. Broadened Bodily Injury Coverage 11 6. Broadened Knowledge Of Occurrence - 8 7. Broadened Legal Liability Coverage For Landlord's Business Personal Property 8 8. Broadened Liability Coverage For Damage To Your Product And Your Work 10 9. Broadened Who Is An Insured 3 10. Contractual Liability—Personal And Advertising Injury 3 11. Damage To Premises Rented To You—Specific Perils and Increased Limit 7 12. Designated Completed Projects—Amended Limits of Insurance 11 13. Incidental Malpractice Liability 7 14. Increased Medical Payments Limit And Reporting Period —` 7 15. Mobile Equipment Redefined 9 16. Nonowned Watercraft And Nonowned Aircraft(Hired, Rented Or Loaned With Paid Crew) 3 17. Product Recall Expense 2 18. Property Damage Liability—Alienated Premises 2 19. Property Damage Liability—Elevators And Sidetrack Agreements 2 20. Property Damage Liability— Property Loaned To The Insured Or Personal Property In The Care, 2 Custody And Control Of The Insured 21, Reasonable Force—Bodily Injury or Property Damage 10 22. Supplementary Payments 3 23. Transfer Of Rights(Blanket Waiver Of Subrogation) 9 24. Unintentional Failure To Disclose Hazards 8 Includes copyrighted material of Insurance Services Office, Inc. CG 72 89 04 17 Page 1 of 11 1 1 A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION I—COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. EXCLUSIONS,provisions 1.through 6.of this endorsement are excess over any valid and collectible insurance (including any deductible)available to the insured,whether primary, excess or contingent(SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS,paragraph 4. Other Insurance is changed accordingly). Provisions 1.through 6, of this endorsement amend the policy as follows: 1. PROPERTY DAMAGE LIABILITY—ALIENATED PREMISES A. Exclusion j.Damage to Property, paragraph(2) is deleted. B. The following paragraph is also deleted from Exclusion j. Damage to Property: Paragraph(2) of this exclusion does not apply if the premises are"your work"and were never occupied, rented or held for rental by you. 2. PROPERTY DAMAGE LIABILITY—ELEVATORS AND SIDETRACK AGREEMENTS A. Exclusion j. Damage to Property, paragraphs(3),(4), and (6)do not apply to the use of elevators. B. Exclusion k. Damage to Your Product does not apply to: 1. The use of elevators;or 2. Liability assumed under a sidetrack agreement. 3. PROPERTY DAMAGE LIABILITY—PROPERTY LOANED TO THE INSURED OR PERSONAL PROPERTY IN THE CARE,CUSTODY AND CONTROL OF THE INSURED A. Exclusion j.Damage to Property, paragraphs(3)and(4)are deleted. B. Coverage under this provision 3.does not apply to"property damage"that exceeds$25,000 per occurrence or$25,000 annual aggregate. 4. PRODUCT RECALL EXPENSE A. Exclusion n.Recall Of Products,Work Or Impaired Property does not apply to"product recall expenses"that you incur for the"covered recall"of"your product". This exception to the exclusion does not apply to"product recall expenses" resulting from: 1. Failure of any products to accomplish their intended purpose; 2. Breach of warranties of fitness,quality, durability or performance; 3. Loss of customer approval or any cost incurred to regain customer approval; 4. Redistribution or replacement of"your product",which has been recalled, by like products or substitutes; 5. Caprice or whim of the insured; 6. A condition likely to cause loss,about which any insured knew or had reason to know at the inception of this insurance; 7. Asbestos, including loss,damage or clean up resulting from asbestos or asbestos containing materials; 8. Recall of"your product(s)"that have no known or suspected defect solely because a known or suspected defect in another of"your product(s)"has been found. B. Under SECTION III—LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and paragraph 8. is added: 3. The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of: Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 11 CG 72 89 0417 1 1 A a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABlin-y because of"bodily injury'and"property damage"included in the"products-completed. operations hazard"and b. "Product recall expenses". 8. Subject to paragraph 5. above [of the CGL Coverage Form], $25,000 is the most we will pay for all "product recall expenses"arising out of the same defect or deficiency. 5. NONOWNED WATERCRAFT AND NONOWNED AIRCRAFT(HIRED, RENTED OR LOANED WITH PAID CREW) Exclusion g.Aircraft,Auto or Watercraft, paragraph (2) is deleted and replaced with the following: [This exclusion does not apply to:] (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge; Exclusion g.Aircraft,Auto or Watercraft, paragraph(6)is added as follows: [This exclusion does not apply to:] (6) An aircraft you do not own, provided that: (a) The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada,designating that person as a commercial or airline transport pilot; (b) The aircraft is rented to you with a trained, paid crew; and (c) The aircraft is not being used to carry any person or property for a charge. 6. BLANKET CONTRACTUAL LIABILITY—RAILROADS Under SECTION V—DEFINITIONS, paragraph c. of"Insured Contract"is deleted and replaced by the following: c. Any easement or license agreement; 'Under SECTION V—DEFINITIONS, paragraph f.(1)of"Insured Contract"is deleted. 7. CONTRACTUAL LIABILITY—PERSONAL AND ADVERTISING INJURY Under SECTION I—COVERAGE B., paragraph 2. Exclusions, paragraph e. Contractual Liability is deleted. 8. SUPPLEMENTARY PAYMENTS Under SECTION I—SUPPLEMENTARY PAYMENTS—COVERAGES A AND B, paragraphs 1.b. and 1.d. are deleted and replaced with the following: b. Up to$5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $1,000 a day because of time off from work. 9. BROADENED WHO IS AN INSURED SECTION II—WHO IS AN INSURED is deleted and replaced with the following: 1. If you are designated in the Declarations as: Includes copyrighted material of Insurance Services Office, Inc. CG 72 89 04 17 Page 3 of 11 1 1 a. An individual,you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture,you are an insured. Your members,your partners,and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company,you are an insured. Your members are also insureds,but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership,joint venture or limited liability company,you are an insured.Your"executive officers"and directors are insureds,but only with respect to their duties as your officers or directors. Your stockholders are also insureds,but only with respect to their liability as stockholders. e. A trust,you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your"volunteer workers"only while performing duties related to the conduct of your business,or your"employees,"other than either your"executive officers," (if you are an organization other than a partnership,joint venture or limited liability company)or your managers(if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business.However,none of these"employees"or"volunteer workers" are insured for: (1) "Bodily injury"or"personal and advertising injury": (a) To you,to your partners or members (if you are a partnership or joint venture),to your members (if you are a limited liability company), to a co-"employee"while in the course of his or her employment or performing duties related to the conduct of your business,or to your other"volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee"or"volunteer worker" as a consequence of paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services except as provided in provision 10,of this endorsement. (2) "Property damage"to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your"employees,""volunteer workers", any partner or member(if you are a partnership or joint venture), or any member(if you are a limited liability company). b. Any person(other than your"employee" or"volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only; (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 11 CG 72 89 04 17 I 1 e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations,you must report them to us within 180 days of the inception of your original policy. f. Any person or organization, including any manager,owner, lessor, mortgagee,assignee or receiver of premises, to whom you are obligated under a written contract to provide insurance such as is afforded by this policy. but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises or land leased to you, including common or public areas about such premises or land if so required in the contract. However, no such person or organization is an insured with respect to: (1) Any"occurrence"that takes place after you cease to occupy or lease that premises or land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. g. Any state or political suhdivision but only as respects legal liability incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. However, no state or political subdivision is an insured with respect to: (1) "Bodily injury", "property damage", and "personal and advertising injury"arising out of operations performed for the state or municipality;or (2) "Bodily injury"or"property damage"included within the"products-completed operations hazard." h. Any person or organization who is the lessor of equipment leased to you to whom you are obligated under a written contact to provide insurance such as is afforded by this policy, but only with respect to their liability arising out of the maintenance, operation or use of such equipment by you or a subcontractor on your behalf with your permission and under your supervision. However, no such person or organization is an insured with respect to any"occurrence"that takes place after the equipment lease expires. i. Any architect,engineer, or surveyor engaged by you under a written contract but only with respect to liability arising out of your premises or"your work." However, no architect, engineer, or surveyor is an insured with respect to"bodily injury,""property damage,"or"personal and advertising injury"arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving,or failing to prepare or approve maps,drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection, or engineering services. This paragraph i. does not apply if a separate Additional Insured endorsement providing liability coverage for architects, engineers, or surveyors engaged by you is attached to the policy. tf the written contract,written agreement,or certificate of insurance requires primary and non-contributory coverage, the insurance provided by paragraphs f. through i.above will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured,and we will not share with that other insurance. Includes copyrighted material of Insurance Services Office, Inc. CG 72 89 04 17 Page 5 of 11 1 1 A 3. Any organization you newly acquire or form, other than a partnership,joint venture or limited liability company and over which you maintain ownership or majority interest,will qualify as a Named insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded until the end of the policy period. b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before You acquired or formed the organization. c. Coverage B does not apply to"personal and advertising injury' arising out of an offense committed before you acquired or formed the organization. d. Coverage A does not apply to"product recall expense"arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 4. Any person or organization(referred to below as vendor)with whom you agreed under a written contract to provide insurance is an insured,but only with respect to"bodily injury"or"property damage" arising out of your products"that are distributed or sold in the regular course of the vendor's business. However, no such person or organization is an insured with respect to: a. "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. b. Any express warranty unauthorized by you; c. Any physical or chemical change in"your product"made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection,demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of"your products"; f. Demonstration, installation, servicing or repair operations,except such operations performed at the vendor's premises in connection with the sale of"your product"; g. "Your products"which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. h. "Bodily injury"or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However,this exclusion does not apply to: (1) The exceptions contained in subparagraphs d.or f.;or (2) Such inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This paragraph 4.does not apply to any insured person or organization from which you have acquired "your product", or any ingredient,part, or container,entering into, accompanying or containing"your product". This paragraph 4.also does not apply if a separate Additional Insured endorsement, providing liability coverage for"bodily injury"or"property damage"arising out of"your product"that is distributed or sold in the regular course of a vendor's business, is attached to the policy. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Includes copyrighted material of Insurance Services Office, Inc. Page 6 of 11 CG 72 89 04 17 hA 1 10. INCIDENTAL MALPRACTICE LIABILITY As respects provision 9.,SECTION II—WHO IS AN INSURED, paragraph 2.a.(1)(d)does not apply to any "employee"who provides incidental medical or paramedical services, provided that you arc not engaged in the business or occupation of providing such services.This incidental malpractice coverage is excess over any available medical professional liability coverage. Under SECTION III—LIMITS OF INSURANCE, provisions 11.through 14. of this endorsement amend the policy as follows: 11. AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to you. 12. AGGREGATE LIMITS PER LOCATION The General Aggregate Limit applies separately to each of your locations, but only when required by written contract,written agreement or certificate of insurance. As respects this provision 12..your locations are premises you own, rent or use involving the same or connecting lots or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. However,your locations do not include any premises where you, or others acting on your behalf.are performing construction operations. 13. INCREASED MEDICAL PAYMENTS LIMIT A. SECTION III—LIMITS OF INSURANCE, paragraph 7.,the Medical Expense Limit, is subject to all of the terms of SECTION III—LIMITS OF INSURANCE and is the greater of: 1. $10,000; or 2. The amount shown in the Declarations for Medical Expense Limit. B. This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorsement. 14. DAMAGE TO PREMISES RENTED TO YOU—SPECIFIC PERILS AND INCREASED LIMIT A. The word fire is changed to"specific perils"where it appears in: 1. The last paragraph of SECTION I—COVERAGE A, paragraph 2. Exclusions; 2. SECTION IV, paragraph 4.b. Excess Insurance. B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the same event,whether such damage results from a "specific peril"or any combination of"specific perils." C. The Damage To Premises Rented To You Limit described in SECTION III—LIMITS OF INSURANCE, paragraph 6., is replaced by a new limit,which is the greater of: 1. $1,000,000;or 2. The amount shown in the Declarations for Damage To Premises Rented To You Limit. D. This provision 14. does not apply if the Damage To Premises Rented To You Limit of SECTIONI— COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement. E. "Specific Perils"means fire; lightning;explosion;windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or"water damage". 'Water damage"means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. Includes copyrighted material of Insurance Services Office, Inc. CG 72 89 04 17 Page 7 of 11 hA 1 15. BROADENED LEGAL LIABILITY COVERAGE FOR LANDLORD'S BUSINESS PERSONAL PRORERTY Under SECTION I—COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions,j.Damage to Property,the first paragraph following paragraph (6)is deleted and replaced with the following: Paragraphs(1), (3)and (4) of this exclusion do not apply to"property damage"(other than damage by fire)to a landlord's business personal property that is subject to, or part of,a premises lease or rental agreement with that landlord. The most we will pay for damages under this provision 15. is$10,000. A$250 deductible applies. Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,provisions 16.through 18. of this endorsement amend the policy as follows: 16. BROADENED KNOWLEDGE OF OCCURRENCE Under 2.Duties In The Event Of Occurrence,Offense, Claim, Or Suit, paragraph a.is deleted and replaced and paragraphs e. and f. are added as follows: a. You must see to it that we are notified as soon as practicable of an "occurrence"or an offense, regardless of the amount,which may result in a claim. Knowledge of an"occurrence"or an offense by your"employee(s)"shall not,in itself,constitute knowledge to you unless one of your partners, members, "executive officers",directors, or managers has knowledge of the"occurrence"or offense. To the extent possible, notice should include: (1) How,when and where the"occurrence"or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the"occurrence"or offense. e. If you report an"occurrence"to your workers compensation carrier that develops into a liability claim for which coverage is provided by this Coverage Form,failure to report such an"occurrence"to us at the time of the"occurrence"shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this"occurrence"to us as soon you become aware that this"occurrence" may be a liability claim rather than a workers compensation claim. f. You must see to it that the following are done in the event of an actual or anticipated"covered recall"that may result in"product recall expense": (1) Give us prompt notice of any discovery or notification that"your product"must be withdrawn or recalled. Include a description of"your product"and the reason for the withdrawal or recall; (2) Cease any further release, shipment,consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under the insurance. 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6. Representations By accepting this policy,you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; c. We have issued this policy in reliance upon your representations;and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. Includes copyrighted material of Insurance Services Office, Inc. Page 8 of 11 CG 72 89 0417 1 1 A We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hZiards existing as of the inception date of this policy.You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by this Coverage Form as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. 18. TRANSFER OF RIGHTS(BLANKET WAIVER OF SUBROGATION) Paragraph 8.Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring"suit"or transfer those rights to us and help us enforce them. However, if the insured has waived rights to recover through a written contract,or if"your work"was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 19, MOBILE EQUIPMENT REDEFINED Under SECTION V—DEFINITIONS,paragraph 12. "Mobile equipment', paragraph f. (1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. 20. ADDITIONAL DEFINITIONS 1. SECTION V—DEFINITIONS, paragraph 4."Coverage territory'is replaced by the following definition: "Coverage territory"means anywhere in the world with respect to liability arising out of'bodily injury," "property damage,"or"personal and advertising injury."including"personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a settlement to which we agree or in a "suit"on the merits, in the United States of America (including its territories and possessions), Puerto Rico arid Canada. 2. SECTION V—DEFINITIONS is amended by the addition of the following definitions: "Covered recall"means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency,inadequacy,or dangerous condition in"your product"has resulted or will result in"bodily injury"or"property damage". "Product Recall expenses" mean only reasonable and necessary extra costs,which result from or are related to the recall or withdrawal of"your product"for: a. Telephone and telegraphic communication, radio or television announcements,computer time and newspaper advertising; b. Stationery, envelopes, production of announcements and postage or facsimiles; c. Remuneration paid to regular employees for necessary overtime or authorized travel expense; d. Temporary hiring by you or by agents designated by you of persons, other than your regular employees,to perform necessary tasks; e. Rental of necessary additional warehouse or storage space; f. Packaging of or transportation or shipping of defective products to the location you designate;and g. Disposal of"your products"that cannot be reused. Disposal expenses do not include: (1) Expenses that exceed the original cost of the materials incurred to manufacture or process such product; and (2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary to avoid"bodily injury"or"property damage". Includes copyrighted material of Insurance Services Office, Inc. CG 72 89 04 17 Page 9 of 11 11A 21. REASONABLE FORCE—BODILY INJURY OR PROPERTY DAMAGE Under SECTION I—COVERAGE A., paragraph 2.Exclusions,subparagraph a.Expected Or Intended Injury is deleted and replaced with the following: [This insurance does not apply to:] a. Expected Or Intended Injury "Bodily injury"or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage" resulting from the use of reasonable force to protect persons or property. 22. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under SECTION I—COVERAGE A., paragraph 2. Exclusions, exclusion k.Damage to Your Product and exclusion I. Damage to Your Work are deleted and replaced with the following: [This insurance does not apply to:] k. Damage to Your Product "Property damage"to"your product"arising out of it or any part of it, except when caused by or resulting from: (1) Fire; (2) Smoke: (3) "Collapse";or (4) Explosion. For purposes of exclusion k.above,"collapse"means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. I. Damage to Your Work "Property damage"to"your work"arising out of it or any part of it and included in the "products-completed operations hazard". This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; (c) "Collapse"; or (d) Explosion. For purposes of exclusion I. above, "collapse"means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. B. The following paragraph is added to SECTION III—LIMITS OF INSURANCE: Subject to 5. above[of the CGL Coverage Form],$100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one"occurrence" because of"property damage"to"your product" and"your work"that is caused by fire, smoke,collapse or explosion and is included within the "product-completed operations hazard". This sublimit does not apply to"property damage"to"your work" if the damaged work, or the work out of which the damage arises, was performed on your behalf by a subcontractor. Includes copyrighted material of Insurance Services Office, Inc. Page 10 of 11 CG 72 89 04 17 1 1 A 23, BROADENED BODILY INJURY COVERAGE Under SECTION V—DEFINITIONS,the definition of"bodily injury"is deleted and replaced with the following: 3. "Bodily injury" a. Means physical: (1) Injury; (2) Disability; (3) Sickness;or (4) Disease; sustained by a person, including death resulting from any of these at any time. b. Includes mental: (5) Anguish; (6) Injury; (7) Humiliation; (8) Fright;or (9) Shock; directly resulting from any"bodily injury"described in paragraph 3.a. c. All"bodily injury"described in paragraph 3.b.shall be deemed to have occurred at the time the "bodily injury"described in paragraph 3.a.occurred. 24. DESIGNATED COMPLETED PROJECTS—AMENDED LIMITS OF INSURANCE When a written contract or written agreement between you and another party requires project-specific limits of insurance exceeding the limits of this policy; A. for"bodily injury"or"property damage"that occurs within any policy period for which we provided coverage;and B. for"your work"performed within the"products-completed operation hazard";and C. for which we previously issued Amendment Of Limits Of Insurance(Designated Project Or Premises)CG 71 94 either during this policy term or a prior policy term;and D. that designated project is now complete; the limits of insurance shown in the CG 71 94 schedule will replace the limits of insurance of this policy for the designated project and will continue to apply for the amount of time the written contract or written agreement requires, subject to the Florida 10-year statute of repose. These limits are inclusive of and not in addition to the replaced limits. Includes copyrighted material of Insurance Services Office, Inc. CG72890417 Page 11of11 hA1 COMMERCIAL GENERAL LIABILITY CG 72 13 11 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- PRIMARY NON-CONTRIBUTORY COVERAGE WHEN REQUIRED BY WRITTEN CONTRACT, WRITTEN AGREEMENT, OR CERTIFICATE OF INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. Any additional insured coverage provided under this policy or any endorsement to this policy is excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent,or on any other basis unless the written contract,written agreement,or certificate of insurance requires that this insurance be primary, in which case this insurance will be primary without contribution from such other insurance available to the additional insured. CG 72 13 11 12 1 1 A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is$ 1. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS-CANCELLATION,Paragraph A.2.is replaced by the following: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED SECTION 11- LIABILITY COVERAGE A.1.WHO IS AN INSURED is amended by the addition of the following: d. Any organization you newly acquire or form, other than a partnership,joint venture or limited liability company,and over which you maintain ownership or a majority interest,will qualify as a Named Insured. However. (1) Coverage under this provision is afforded only until the end of the policy period; (2) Coverage does not apply to"accidents"or"loss"that occurred before you acquired or formed the organization;and (3) Coverage does not apply to an organization that is an"insured"under any other policy or would be an "insured"but for its termination or the exhausting of its limit of insurance. e. Any"employee"of yours using: (1) A covered"auto"you do not own,hire or borrow,or a covered"auto"not owned by the"employee"or a member of his or her household,while performing duties related to the conduct of your business or your personal affairs:or (2) An"auto"hired or rented under a contract or agreement in that"employee's"name,with your permission,while performing duties related to the conduct of your business. However,your "employee"does not qualify as an insured under this paragraph(2)while using a covered"auto" rented from you or from any member of the"employee's"household. f. Your members,if you are a limited liability company,while using a covered'auto"you do not own, hire,or borrow,while performing duties related to the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract,written agreement or permit,to provide insurance such as is afforded under this policy,but only with respect to your covered"autos". This provision does not apply: (1) Unless the written contract or agreement is executed or the permit is issued prior to the"bodily injury" or"property damage"; Includes copyrighted material of Insurance Services Office, Inc, CA 71 71 05 08 Page 1 of 6 11A (2) To any person or organization included as an insured by an endorsement or in the Declarations; or (3) To any lessor of"autos"unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The"auto"is leased without a driver;and (c) The lease had not expired. Leased"autos"covered under this provision will be considered covered"autos"you own and not covered "autos"you hire. h. Any legally incorporated organization or subsidiary in which you own more than 50%of the voting stock on the effective date of this endorsement. This provision does not apply to"bodily injury"or"property damage"for which an"insured"is also an insured under any other automobile policy or would be an insured under such a policy,but for its termination or the exhaustion of its limits of insurance,unless such policy was written to apply specifically in excess of this policy. 3. COVERAGE EXTENSIONS-SUPPLEMENTARY PAYMENTS . Under SECTION II-LIABILITY COVERAGE,A.2.a.Supplementary Payments, paragraphs (2)and (4)are deleted and replaced with the following: (2) Up to$2500 for the cost of bail bonds(including bonds for related traffic law violations)required because of an"accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the"insured"at our request, including actual loss of earnings up to $500 a day because of time off from work. 4. AMENDED FELLOW EMPLOYEE EXCLUSION SECTION II-LIABILITY COVERAGE,B.EXCLUSIONS, paragraph 5. FELLOW EMPLOYEE is deleted and replaced by the following: "Bodily injury"to any fellow"employee"of the"insured"arising out of and in the course of the fellow "employee's"employment or while performing duties related to the conduct of your business. However,this exclusion does not apply to your"employees"that are officers or managers if the"bodily injury"results from the use of a covered"auto"you own,hire or borrow. Coverage is excess over any other collectible insurance. 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION III-PHYSICAL DAMAGE COVERAGE,A.COVERAGE,the following is added: If any of your owned covered"autos"are covered for Physical Damage,we will provide Physical Damage coverage to"autos"that you or your"employees"hire or borrow, under your name or the"employee's" name,for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered"auto"shown in the Declarations,Item Three, Schedule of Covered Autos You Own,or on any endorsements amending this schedule. B. Under SECTION III-PHYSICAL DAMAGE COVERAGE,A.4.COVERAGE EXTENSIONS,paragraph b. Loss of Use Expenses is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage,we will pay expenses for which an"insured"becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver,under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision,only if the Declarations indicate that Comprehensive Coverage is provided for any covered"auto"; (2) Specified Causes of Loss, only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered"auto";or Includes copyrighted material of Insurance Services Office, Inc. Page2of6 CA71710508 11A (3) Collision,only if the Declarations indicate that Collision Coverage is provided for any Covered "auto". However,the most we will pay for any expenses for loss of use is$30 per day,to a maximum of $2,000. C. Under SECTION IV—BUSINESS AUTO CONDITIONS,paragraph 5.b.Other Insurance is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage,the following are deemed to be covered"autos"you own: 1. Any covered"auto"you lease, hire, rent or borrow;and 2. Any covered"auto"hired or rented by your"employee"under a contract in that individual "employee's"name,with your permission,while performing duties related to the conduct of your business. However,any"auto"that is leased, hired,rented or borrowed with a driver is not a covered "auto", nor is any"auto"you hire from any of your"employees",partners(if you are a partnership),members (if you are a limited liability company),or members of their households. 6. LOAN OR LEASE GAP COVERAGE Under SECTION III-PHYSICAL DAMAGE COVERAGE,A.COVERAGE,the following is added: If a covered"auto"is owned or leased and if we provide Physical Damage Coverage on it,we will pay,in the event of a covered total loss",any unpaid amount due on the lease or loan for a covered"auto", less: (a) The amount paid under the Physical Damage Coverage Section of the policy;and (b) Any: (1) Overdue lease or loan payments including penalties,interest or other charges resulting from overdue payments at the time of the"loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Costs for extended warranties, Credit Life Insurance, Health,Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by a lessor;and (5) Carry-over balances from previous loans or leases. 7. RENTAL REIMBURSEMENT SECTION III-PHYSICAL DAMAGE COVERAGE,A,COVERAGE, paragraph 4.Coverage Extensions is deleted and replaced by the following: 4. Coverage Extensions (a) We will pay up to$75 per day to a maximum of$2000 for transportation expense incurred by you because of covered loss". We will pay only for those covered"autos"for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay for transportation expenses incurred during the period beginning 24 hours after the covered"loss" and ending,regardless of the policy's expiration,when the covered"auto"is returned to use or we pay for its"loss". This coverage is in addition to the otherwise applicable coverage you have on a covered"auto". No deductibles apply to this coverage. (b) This coverage does not apply while there is a spare or reserve"auto"available to you for your operation. Includes copyrighted material of Insurance Services Office, Inc. CA 71 71 05 08 Page 3 of 6 1 1 A 8. AIRBAG COVERAGE SECTION III-PHYSICAL DAMAGE,B.EXCLUSIONS, Paragraph 3. is deleted and replaced by the following: We will not pay for"loss"caused by or resulting from any of the following unless caused by other"loss"that is covered by this insurance: a. Wear and tear,freezing,mechanical or electrical breakdown. However,this exclusion does not include the discharge of an airbag. b. Blowouts,punctures or other road damage to tires. 9. GLASS REPAIR-WAIVER OF DEDUCTIBLE SECTION III-PHYSICAL DAMAGE COVERAGE,D. DEDUCTIBLE is amended to add the following: No deductible applies to glass damage. 10. COLLISION COVERAGE—WAIVER OF DEDUCTIBLE SECTION III-PHYSICAL DAMAGE COVERAGE,D. DEDUCTIBLE is amended to add the following: When there is a"loss"to your covered"auto"insured for Collision Coverage, no deductible will apply if the "loss"was caused by a collision with another"auto"insured by us. 11. KNOWLEDGE OF ACCIDENT SECTION IV-BUSINESS AUTO CONDITIONS,A.LOSS CONDITIONS,2. DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS,paragraph a.is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an"accident',claim, "suit"or"loss". Knowledge of an"accident", claim,"suit"or"loss"by your"employees"shall not, in itself,constitute knowledge to you unless one of your partners,executive officers, directors,managers, or members(if you are a limited liability company)has knowledge of the"accident",claim,"suit"or"loss".Notice should include: (1) How,when and where the"accident"or"loss"occurred; (2) The"insured's"name and address;and (3) To the extent possible,the names and addresses of any injured persons and witnesses. 12. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) SECTION IV-BUSINESS AUTO CONDITIONS A,5.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is deleted and replaced by the following: If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another,those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after"accident"or"loss"to impair them. However,if the insured has waived rights to recover through a written contract,or if your work was commenced under a letter of intent or work order,subject to a subsequent reduction in writing with customers whose customary contracts require a waiver,we waive any right of recovery we may have under this Coverage Form. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS,B.GENERAL CONDITIONS,2.CONCEALMENT, MISREPRESENTATION OR FRAUD is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 6 CA 71 71 05 08 11A 14. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SCHEDULE Description of Covered "Auto": Limit of Insurance Deductible $500 $250 A. Coverage 1. We will pay,with respect to a covered"auto"described in the above Schedule,for"loss"to any electronic equipment that receives or transmits audio,visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered"auto"at the time of the"loss"or the equipment is removable from a housing unit that is permanently installed in the covered"auto"at the time of"loss",and such equipment is designed to be solely operated by use of the power from the"auto's"electrical system,in or upon the covered"auto". 2. We will pay,with respect to a covered"auto"described in the above Schedule,for"loss"to any accessories used with the electronic equipment described in paragraph A.1.above. However,this does not include tapes. records or discs. B. Exclusions For purposes of this provision 14.the exclusions that apply to Physical Dat age Coverage,except for the exclusion relating to Audio.Visual and Data Electronic Equipment,also apply to coverage provided by this endorsement. In addition.the following exclusions apply: We will not pay,under this endorsement,for either any electronic equipment or accessories used with such electronic equipment that is: 1. Necessary for the normal operation of the covered"auto"or the monitoring of the covered"auto's" operating system;or 2. Both: a. An integral part of the same unit housing any sound reproducing equipment designed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered"auto";and b. Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. 3. A device designed or used to detect speed measuring equipment such as radar or laser detectors or a jamming apparatus intended to elude or disrupt speed measurement equipment,whether permanently installed or temporarily mounted in or on the covered"auto". C. Limit of Insurance With respect to coverage under provision 14.of this endorsement,the Limit of Insurance provision of Physical Damage Coverage is replaced by the following: 1. The most we will pay for all"loss"to audio,visual or data electronic equipment and any accessories used with this equipment, as described in paragraph A.above,as a result of any one"accident",is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the"loss";or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality;or c. The amount shown in the Schedule. Includes copyrighted material of Insurance Services Office, Inc. CA 71 71 05 08 Page 5 of 6 11. A 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the"loss". 3. If a repair or replacement results in better than like kind or quality,we will not pay for the amount of betterment. D. Deductible 1. If loss"to the audio,visual or data electronic equipment or accessories used with this equipment,as described in paragraph A.above.is the result of a loss"to the covered"auto"under this Coverage Form's Comprehensive or Collision Coverage,then for each covered"auto"ourobligation to pay for, repair.return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to"loss"to audio,visual or data electronic equipment caused by fire or lightning. 2. If loss"to the audio,visual or data electronic equipment or accessories used with this equipment, as described in paragraph A.above,is the result of a"loss"to the covered"auto"under this Coverage Form's Specified Causes of Loss Coverage,then for each covered"auto"our obligation to pay for, repair,return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Schedule of this endorsement. 3. If"loss"occurs solely to the audio,visual or data electronic equipment or accessories used with this equipment,as described in paragraph A.above,then for each covered"auto"our obligation to pay for,repair,return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Schedule of this endorsement. 4. In the event that there is more than one applicable deductible,only the highest deductible will apply. In no event will more than one deductible apply. E. When This Provision Becomes Void This provision,AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE, is void if CA 99 60,Audio,Visual And Data Electronic Equipment Coverage,is attached to the policy. Includes copyrighted material of Insurance Services Office, Inc. Page6of6 CA71710508 1 1 A POLICY NUMBER: CA 21117120001 COMMERCIAL AUTO CA71650911 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY NON-CONTRIBUTORY COVERAGE WHEN REQUIRED BY INSURED CONTRACT OR CERTIFICATE This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM The provisions of the Coverage Form apply unless changed by this endorsement. This endorsement identifies person(s)or organization(s)who are"insured"under the Who Is An Insured Provision of the Coverage Form. This endorsement changes the policy on the inception date of the policy, unless another date is shown below, Endorsement Effective: 04/05/2019 Countersigned By: Named Insured: / 'EARTH TECH ENTERPRISES, INC r (Authorized Representative) (No entry may appear above. If so,information to complete this endorsement is in the Declarations.) 1. Section II—Liability Coverage,A. Coverage, 1.Who Is An Insured is amended to add: Any person or organization with whom you have an"insured contract"which requires: i. that person or organization to be added as an"insured"under this policy or on a certificate of insurance:and ii. this policy to be primary and non-contributory to any like insurance available to the person or organization. Each such person or organization is an"insured"for Liability Coverage. They are an"insured"only if that person or organization is an"insured'under in SECTION II of the Coverage Form. The contract between the Named Insured and the person or organization is an"insured contract". 2. Section IV—Business Auto Conditions, B. General Conditions,5. Other Insurance,paragraph d. is deleted and replaced by the following for the purpose of this endorsement only: d. When coverage provided under this Coverage Form is also provided under another Coverage Form or policy,we will provide coverage on a primary,non-contributory basis. Includes copyrighted material of Insurance Services Office, Inc. with its permission.