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Backup Documents 10/08/2019 Item #11F ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 11 F THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management /Oil l lit) 2. County Attorney Office County Attorney Office Mi//4211- �� 1- 4. BCC Office Board of County Commissioners f' ' / \o\\\\\c\ _ 4. Minutes and Records Clerk of Court's Office ' 1 I I � k � 3K 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 OCTOBER 8, 2019 Agenda Item Number 11.F. Approved by the BCC Type of Document CONTRACT Number of Original 2 Attached Documents Attached PO number or account N/A 19-7616 Youngquist number if document is Youngquist Brothers, Inc. to be recorded Brothers, 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 10/08/2019 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. 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 by the BCC have been made, and the document is read for the an option for Chairman's signature. p;iE E{v E D this line. OCT 0 9 2019 Risk Management / 11F MEMORANDUM Date: October 14, 2019 To: Ana Reynoso, Purchasing Tech Procurement Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #19-7616 "Deep Injection Well for Collier County Landfill" Contractor: Youngquist Construction Inc. Attached, is an original copy of the contract referenced above, (Item #11F) approved by the Board of County Commissioners on Tuesday, October 8, 2019. The second original contract has been held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 11F CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Youngquist Brothers, Inc. ("Contractor") of 15465 Pine Ridge Rd., Fort Myers, FL 33908, a Corporation, authorized to do business in the State of Florida,to perform all work ("Work") in connection with Deep Injection Well for Collier County Landfill, Invitation to Bid No. 19-7616 ("Project"), as said Work is set forth in the Plans and Specifications prepared by URS Corporation Southern, 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: Six Million Seven Hundred Eighty-Eight Thousand Seven Hundred Eighty-two Dollars ($6,788,782.00) 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 11F 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 three hundred and sixty-five (365) 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 one hundred and eighty (180) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase"Project Manager"refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, two thousand and five hundred dollars ($2,500.00) 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 CA Construction Services Agreement: Revised 072118 11F 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 19-7616 Deep Injection Well for Collier County Landfill. 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 Not Applicable Exhibit B-2: Performance Bond Forms Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 Construction Services Agreement: Revised 072118 �-yi 11F 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! 1 Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 19-7616 Deep Injection Well for Collier County Landfill. The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ®Exhibit K: Permits Exhibit L: Standard Details ®Exhibit M: Plans and Spedfications prepared by URS Corporation Southern 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 do Solid & Hazardous Waste Management 3339 Tamiami Trail East, Suite 302 Naples, FL 34112-5361 Attn: Dayne Atkinson, Contract Administrator/Project Manager Phone: 239-252-5337 Email: Dayne.Atkinson(c�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: Youngquist Brothers, Inc. 15465 Pine Ridge Rd. Fort Myers, FL 33908 Attn: C.W. "Bill" Musselwhite, Senior Vice President Phone: (239) 489-4444 Email: harvey(a�youngquistbrothers.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 CA Construction Services Agreement:Revised 072118 11F Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 f( Construction Services Agreement: Revised 072118 11F 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 ID 11F IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Youngquist Brothers, Inc. e 417 FIR WITNESS 41,..,r-vi 1. 1 i c.(s By: 6.‘01 J., Print yName ` �� 'S•>> t -rr . (, &f- i�'�� Print Name ant) Title Date 1/4 SECOND WITNESS e��( CGA,'/es IC e'vo/�S Print Name Date: 4 3 10, ATTEST: OWNER: Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS & Comptroller a��t� OF COLLIER CS TY FLORIDA . Aill '—'''' ? Com (/ ). BY: ! BY: 1► 0.400 ' ' 3 ''illiam L. McDaniel Jr. Date \c-A'S\vck , QSt 1SttP ; 'S hairman Approved as to Form and Legality: j Item# I i -- ounty Attorney .Q.,�G 1 Agenda'ii,Date l .t L L.— Date t� Print Name Recd ' vim ci i A. Si eputy Cier 4 7 41 Construction Services Agreement:Revised 072118 11F EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement:Revised 072118 11F DEEP INJECTION WELL FOR THE COWER COUNTY LANDFILL 19-7616 BID SCHEDULE Estimated Item Description Unit Quantity Cost Amount General 1.01 preparation/Mobilization/Demobilization,Permits,Equipment,Clean- u p,Performance and Payment Bond Premium,Indemnification Lump Sum 1 $1,750,000.00 $1,750,000.00 1.02 Establish Temporary Electrical Power On-site Lump Sum 1 $100,000.00 $100,000.00 1.03 Standby Time:Rig Idle and Crew Working hours 40 $200.00 $8,000.00 1.04 Standby Time:Rig and Crew Working hours 40 $300.00 $12,000.00 1.05 Standby Time:Rig Idle and Crew Offsite hours 40 $100.00 $4,000.00 Sub-total $1,874,000.00 injection Well Construction 2.01 Install Pit Casing LumpSum 1 $1,100.00 $1,100.00 2.02 Dr11112-1/4-Inch Pilot Hole LF 3000 $150.00 $450,000.00 2.03 Geophysical Logging in Casing and Reamed Hole Lump Sum 1 $44,000.00 $44,000.00 2.04 Geophysical Logging In Pilot Borehole Lump Sum 1 $66,000.00 $66,000.00 2.05 Ream Pilot Hole to 48-inches LF 350 $275.00 $96,250.00 2.06 Install 40-inch diameter Casing LF 350 $275.00 $96,250.00 2.07 Cement Grout Cubic Ft 9300 $20.00 $186,000.00 2.08 Cement Grout over 9,300 cubic ft Cubic Ft 3000 $10.00 $30,000.00 2.09 Coring each 8 $10,000.00 $80,000.00 2.10 Straddle Packer Testing each 8 $17,000.00 $136,000.00 2.11 Ream Pilot Hole to 40-Inches LF 950 $120.00 $114,000.00 2.12 Install 30-inch diameter Casing LF 1300 $120.00 $156,000.00 2.13 Temporary Bridge Plug each 1 $20,000.00 $20,000.00 2.14 Ream Pilot Hole to 30-Inches LF 600 $220.00 $132,000.00 2.15 Install 20-inch diameter Casing LF 2200 $140.00 $308,000.00 2.16 PressureTest on Casing Lump Sum 1 $25,000.00 $25,000.00 2.17 Ream Pilot Hole to 20-Inches LF 800 $120.00 $96,000.00 2.18 Well Development/Sampling/Analysis/H20Disposal Lump Sum 1 $60,000.00 $60,000.00 2.19 Video Survey ofFinalCasing Lump Sum 1 $20,000.00 $20,000.00 2.20 Install 9-5/8 inch Fiberglass Tubi ng LF 2200 $200.00 $440,000.00 2.21 Pressure Test on Fiberglass Tubing LumpSum 1 $20,000.00 $20,000.00 2.22 Install Wellhead Assembly Lump Sum 1 $32,720.00 $32,720.00 2.23 Perform 24-hour injection Test with Background and recovery. Lump Sum 1 $100,000.00 $100,000.00 Sub-total $2,709,320.00 Monitor Well Construction 3.01 Mobilize Rig to Monitor Well Lump Sum 1 $420,000.00 $420,000.00 3.02 Install Pit Casing Lump Sum 1 $1,000.00 $1,000.00 3.03 Drill 12-1/4-Inch Pilot Hole LF 1600 $200.00 $320,000.00 3.04 Geophysical Logging in Casing and Reamed Hole Lump Sum 1 $30,000.00 $30,000.00 3.05 Geophysical Logging In Pilot Borehole Lump Sum 1 $40,000.00 $40,000.00 3.06 Ream Pilot Hole to 36-inches LF 350 $150.00 $52,500.00 3.07 Install 26-inch diameter Casing LF 350 $200.00 $70,000.00 3.08 Cement Grout Cubic Ft 4500 $8.00 $36,000.00 3.09 Cement Grout over4,500 cubic ft Cubic Ft 1000 $6.00 $6,000.00 3.10 Conduct Single Zone Packer Test In Pilot Hole Lump Sum 4 $20,000.00 $80,000.00 3.11 Ream Pilot Hole to 26-inches LF 750 $100.00 $75,000.00_ 3.12 instal116-Inch diameter Fiberglass Tubing LF 1100 $200.00 $220,000.00 3.13 Ream Pilot Hole tol6-Inches LF 400 . $100.00 $40,000.00 3.14Install 6-5/8Inch fiberglass tubing LF 1500 $50.00 $75,000.00 3.15 Drillable Bridge Plug Lump Sum 1 $20,000.00 $20,000.00 3.16 Pressure Test onFlberglassTubing Lump Sum 1 $20,000.00 $20,000.00 3.17 Clean Out Borehole IF 100 $100.00 $10,000.00 3.18 Well Development/Test/Sampling/Analysis Lump Sum 2 $30,000.00 $60,000.00 3.19 Complete monitor wellhead assemblies and sampling pumps Lump Sum 2 $6,400.00 $12,800.00 Sub-total $1,588,300.00 TOTAL AMOUNT $6,171,620.00 Allowances Allowance Fund for Owners Use as Directed(10%of the subtotal amount before this item). This fund will be used only at the Owner's direction to accomplish work due to unforeseen conditions. Inclusion of the Allowance Fund as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full Time& 4.01 amount of the Allowance Fund. Material 1 $617,162.00 DEEP INJECTION WELL TOTAL $6,788,782.00 11F EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement:Revised 072118 0 1 1 F colter Gcf1,tx ty Email: Kristofer.lopez@colliercountyfl.gov Administrative Servic Diuson Telephone: (239) 252-8944 Procuremenl Saco rtes Addendum 1 Date: June 25, 2019 From: Kristofer Lopez, Procurement Strategist To: Interested Bidders Subject: Addendum#1: Solicitation#19-7616 Deep Injection Well for Collier County Landfill Project The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes,deletions,or additions to the original solicitation document for the referenced solicitation: 1. Pre-bid sign in sheet uploaded with addendum#1. C: Dayne Atkinson, Project Manager Please'Sign below and returns copy of this Addendum with your submittal for the above referenced sol"citatio n. \,,, %.�' " -- `o.N. \,:' / s` C... E t..' -37-t- .4, A i) .,—,,„:. 3...„,, ,'t t..1Z.._, / I /7,7‘.:,,, I d (Signature) --.. Date '''-)'-\'6(V's.:"1-P-'11A,I c 1- 1.---)r<46-littt: \ii-c-s, (Name of Firm) CAO 11F Collier County Solicitation 19-7616 Director,Procurement Services Division FORM 1-BID RESPONSE FORM LORD OF COUNTY COMM ISSIONER COLLIER COUNTY,FLORIDA Deep Injection Well for Collier County Landfill BID N0, 19-7616 Full Name of Bidder Youn;;yuist Brothers, Inc. Main Business Address 15465 Pine Ridge Rd., Fort Myers, FL 33908 Place of Business _.._...__....15465Pine Ridge. Rd., Fort JMyers. FL 33908 Telephone No, (239)489-4444 ._.._........_.__..__.....__.__Fax No. (239)489-4545 • State Contractor's License-4 Water Well Contractor 11336 - General Contractor CCG 1517866 State of Florida Certificate of Authority Document Nurnber , 527821 Federal Tax Identification Number._._.....___....._._.....___59-1,3..6961 DUNS tt 064668940 CCR;? Cage Code 47M64 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA (hereinafter called the Owner) The undersigned,as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work,the proposed form of Agreement and all other Contract Documents and Bonds,and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract,and to do all other things required oldie Contractor by the Contract Documents,and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points,and in the case where further decimal points are inadvertently provided,roundin„to two decimal points will he conducted by Procurement Services Division staff. 513112019 1 25 PM p.70 11 F Collier County Solicitation 19-7616 FORM 2-coNTRAcro It's KEY PERSONNEL ASSIGNED TO TILE PROJECT Deep Injection Well for Collier Count,. Landfill 13id No. 19-7616 Name Personnel Category Cameron Webster Construction Superintendent Harvey Youngquist Jr. Project Manager C.W. "Bill" Musselwhite Contract Executive 5/31/2019 1'25 PM p.71 11F Collier County Solicitation 19-7616 FORM 3-MAT ERR L MANU FACTU RERS CI1IS 1012.11 lit;S'I'BE COMPLETED 014 1311)SHALL, BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255,20 to provide lumber,timber and other forest products produced and manufactured in the State of'Florida as long as the price,fitness and quality are equal. Exceptions(when equals are acceptable) may he requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer andror material is proposed and listed below and is not approved by Engineer'Project Manager,Bidder shall furnish the manufacturer named in the specification.Acceptance ofthis form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A(acceptance of all manufactures and materials in Bid specifications) On behalf of my firm. I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Signature: —.. Date: Section B(Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL f XCITTIQN MANUFACTURER. I, Tubing Packer Youtlgt uist Brothers, Inc. -r 3. 4. , Please insert additional pages as necessary. CompCY unstist Brothe Inc. rSigna j VIP Date ,,,,,„,,„I''c"i 513//2019 1.25 PM p.72 ID 11F Collier County Solicitation 19,•7616 FORM 4-LIST OF M t,JOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID NIA)" BE DEEMED NON-RESPONSIVE 'Hie undersigned states that the followine is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid sped fications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are-qualified"tas defined in Ordinance 2017-O8 and Section 15 of Instructions to Bidders)and meet all legal requirements applicable to and necessitated by the Contract Documents,including,but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer.Further,the Owner may direct the Successful Bidder to remove/replace any Subcontractor,at no additional cost to Owner,which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner.(Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address I. Electrical I Self Perform 2. Mechanical None Anticipated 3. Plumbing None Anticipated _.......__.__.._.._....__...__....__._ 4. Site Work Self Perform 5. Identity other subcontractors that represent more than 10% None Anticipated of price or that affect the critical path of the schedule Company:a.. C i gpist Brothers, I Siaiur Date: 5t31;2015 1;25 PM p.73 1 F Collier County Solicitation 19-7616 FORM 5-STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. lollywood Wastewater Treatment Plant Deep Injection Wells Seminole Tribe of Florida (project name) (project owner) 2600 N 64th Ave, Hollywood, FL 33024 6300 StirlingRd, Hollywoodi FL 33o24 (project location) (Owner's address) Construct and test two(2)Class I 1W-1 & 1W-2 24"steel set i 2,920'bls wil 6" FRP set(2:4 2,910'bls with a cemented annulus TD is 3,90F his, A dual zone monitor well completed the system Emran Rahman Deputy Utility Director (project description) (Owner's contact person) (title) Start: Feb 27,2017 Completion:Mav 21.2018 S confidential ,I954) 966-6300 emranrahamangsemtribe.com (project starticomp1etion dates) (contract value) (phone) (email) 7. Atlantic Sapphire Homestead Fish Farm injection Well and Production Wells Atlantic Sapphire USA,LLC (project name) (project owner) 22275 SW 272nd Street, Miami, FL 33031 22275 SW 272nd Street,.Miamix FL 33031 (project location) (Owner's address) Construct and test one(1)Class I 1W-I 24" FRP set @ 2,705'his as the final casing,TD is 3,250'bls two(2)mid-Floridan production wells and a single zone monitor well. Eric Meyer, P.G. Operations Director (project description) (Owner's contact person) (title) Start:Apr 3,2017 (ompletion:Oct 26,2018 confidential 005) 495-0525 eric( atlanticsapphire.com (project starticompletion dates) (contract value) (phone) (email) Southwest WTP/WRF Underground 3. Injection System City of Cape Coral, Florida (project name) (project owner) 3310 SW 20th Ave., Cape Coral, FL 33914 1015 cultural Park Blvd. 2nd Fl., Cape Coral, FL 33990 (project location) (Owner's address) Construct and test one(1)Class I IW-2 26" Final steel set( 2,937'bls w/ 18" FRP tubingset!'e 2,932'bls TD is 3,282'bls Jody Sorrels, 13„.E, Project Manager (project description) (Owner's contact person) (title) Start: Feb 22,2016 Completion: Aug 13,2017 S 3,931,1 12.54 ,(2391574-083 j,,;orrels@caEccoral.net (project start/completion dates) (contract value) (phone) (email) All above references meet all requirement of the stated qualifications of prospective bidders for this project 5/3112019 125 PM p.74 CA 0 11F Cotter County $olicitatian 19-7616 FORM 5-STAT rM,Et`v'"r OF EXPFRFENCE OFBIDDFIt Central District Wastewater Treatment ' ..— i . _... Florida Plant Industrial Waste DI�� System Countyof Miami-Dade, _._._.._ (proj,ect name) (project owner) 3989 Rickenbacker CSWY, Miami, FL 33149 3071 SW 338th. Ave Miami FL 33146 _...._. _. (preaject location) (Owner's address) Construct and test two(2)Class I 1W-I & IW-2 wi 36" final steel set(t 2.610'bis wi 24" FRP set(ati 2,605'bls cemented annulus TD is 3,235' bls. A DZMW completed the system. Dr. Virginia Walsh,PhD Chief Hydrog ologist (project description) (Owner's contact person) (title) Start: Nov 14 2014 Completion:_.tviay722017 ... $ 182522,273.08 (786) 552-8266 vir„girtia.walshicumiamidade goti' (project completion date) (contract value) (phone) (email) 5, Springtree WTP Injection Well System City of Sunrise. Florid _.._.._............._..._. (project name) (project owner) 4350 S,pringtru. Dr., Sunrise, FL 33351 10770 West Oakland Park Blvd, Sunrise, 11_, 33351. (project location) (Owner's address) Construct& test two(2)Class 1 1W-1 & 1W-2 26"final steel set(i4 2,784'his w%tubing and packer set at 2,776 bis, ID is 3,510'bls a DZMW completed the system. Tim Welch, P.E. Utility Director ._ (project description) (Owner's contact person) (title) Start: Dec 17,2014 Completion: Feb 27.2017 s 7,943,237 95 .(9541888-6(155 tvvelch(astinrisetl.€tov_._....._ (project completion date) (contract value) (phone) (email) 6, Deep Injection Well for Membrane Softening/ Reverse Osmosis Concentrate Disposal City of Hollywood, Florida (project name) (project owner) 3441 Hollywood Blvd Hollywood, FL 33021 2600 Hollywood Blvd, Rat 221 Hollywood,FL 33021 (project location) (Owner's address) Construct and Test one(I)Class I 1W-1 the 26" final steel is set`Zitt 2956 wi 17" FRP set til;2,951'bls TI)is 3,551'bls a D Mvv completed the system Clece Aurelus, 1?P.E. . Director of Engineering (project description) (Owner's contact person) (title) Start: May 30,201 Completion:Jul 16,2013 22. 9.00j9541911-3930 ` p � 5,1.. ,77. _ ce�turelus��hallyvrrao .org (project completion date) (contract value) (phone) (email) Company: Yoe ng(n-st Brothers,Inc_ Signature:_.: ti Date.. " . . - All above references meet rill requirement of the stated qualifications of prospective bidders for this project 5/31/2019 1.2.5 PM p 75 CAC) 11 F Collier County Solicitation 19-7616 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 Safety Act(90-96.Laws of Florida)effective October I. 1990.The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure tQuantity) Cost (Description( (LFSSYI 1. Simple Slope LF -. <100 $10.00 $1,000.00 2. 4. 5, TO TA I, S 1S 1.000.00 Failure to complete the above may result in the Bid being declared non-responsive. Company: ounesuist Brothers. Inc. Date: 7 I signiOure: \,, 5)31/2019 125 PM p.15 CAO H F FORM 7-BID BONI) KNOW ALL MEN BY THESE PRESENTS,that we Youngquist Brothers, Inc. herein .._ . afler called the Principal) and Endurance Assurance Corporation ' (herein called the Surety),�), a corporation oration chartered and existing under the laws of the State of Delaware with its principal offices in the city of Purchase,NY and authorized to do business in the State of Florida are held and firmly bound unto the ()pard of County Commissioners,Collier County,Florida (hereinafter called the Owner), in the full and just sum of Five,.P scent QUA.Ajnotint dollars(S 5°A _)good and lawful money of the United States of America,to he paid upon demand of the Owner, to which payment well and truly to be made,the Principal and the Surety bind themselves,their heirs,and executors,administrators,and assigns.jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor,materials, equipment and incidentals necessary to furnish,install,and fully complete the Work on the Project known as Bid No.19-7616 Deep injection Well for Collier County Landfill. NOW,THEREFORE,if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid,and give such bond or bonds in an amount of 100%the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance ofthe Agreement and for the prompt payment of labor,materials and supplies furnished in the prosecution thereof or,in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds,and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $5°%ofBid Amount noted above as liquidated damages,and not as a penalty,as provided in the Bidding Documents,then this obligation shall be null and void,otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 1st day of �11jy ,20 19 Youngquist Brothers, Inc, Principal BY (Seal) Endurance Assurance Corporation Surety Brook T.Smith.Attorney-in-Fact (Seal) Countersigned N/A Appointed Producing Agent for Acrisure,LLC dha Smith Manus Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten(10)calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents.The bid security attached is to become the property of the Owner in the event the Agreement,Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth,as liquidated damages. for the delay and additional expense to the Owner,it being recognized that,since time is of the essence,Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure,the total amount ofOwner's damages,will he difficult,if riot impossible,to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement,Insurance Certificates,and Bonds as required hereunder.The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement,Insurance Certificates,and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five(5)calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager,in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within three hundred and sixty-five(365)consecutive calendar days,computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within one hundred and eighty(180)consecutive calendar days after Substantial Completion,computed by excluding commencement date and including the last day of such period. CAO 11 F Respectfully Submitted: State of Florida County of LEE CW, "Bill" Musselwhite- Senior Vice President , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. C,..W. "Bill" Musselwhite- Senior Vice Pres Went ,also deposesand says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid;that the statements contained herein are true and correct. (a)Corporation The Bidder is a corporation organizedand existing under the laws of the.State of_Elodda ,Nyhich operates under the legal name of Youngquist Broshem, Inc. ,and the full names of its officers are as follows: President Timothy Younaluist Secretary Harvey Youngquist Jr. Treasurer Harvey B. Youngquist Manner C.W. "Bill" Musselwhite The Manager is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken November 28 2017 ,a certified copy of which is hereto attached(strikeout this last sentence if not applicable). (b)Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c)Individual The Bidder is an individual whose full name is , and if operating under a trade name,said trade name is Complete for information contained in(a)Corporation,(b)Co-Partnership or(c) Individual from previous page. I DATED ' Yountic uist Brothers. Inc. Legal Entity A BY: "Bill" Mussel white Wita,2111111111110.7Name of. . t r(RI •d) mas Witness Signature k Senior Vice President Title STATE OF Florida COUNTY OF LEE The foregoing instrument was acknowledged before me this 1st day of Jul 20 19 , by C.W. "Bill" Musselw111X , as &ajar Vice...IrjcIent of Y nrothers,ITIC. , a 110.r.ida corporation, on behalf of the corporation. e, he is . ersonall known) to me or has produced .4_as icientificatiort cud(did no)take an oath. My Commission Expires: jeC4 / I-: fiLIA0 / (Signature oreN9tpry) NAME: •41,4...1 -)15 1j own Wit,, (Legibly(Legibly Printed) „‘04,\‘‘‘E Ft./ 11,„ (AFFIX OFFICIAL SEAL) \S • •'9/01', Notary Public,State of Pith"t eta. R ^ 0 06 37228 7,o• Z.'"Fe' • •• •S,.•o t.„."*.f.5.;and.dvix,• "Do• .17p!ic dr( '1114'8PC, ‘%‘‘ 11F ENDURANCE ASSURANCE CORPORATION 179 POWER OF ATTORNEY ?(7tow alTSilen by these 4'resenI , that ENDURANCE ASSURANCE CORPORATION.a Delaware corporation(the`Corporation}with offices at 4 Manhatlanvtl a Read.3rd Floor,Purchase,NY 10577,has made.constituted and appointed and by these presents does make,constitute and appoint BROOK T.SMITH,WILLIAM R.PRECIOUS, DEBORAH S.NEICHTER,JAMES T.SMITH,JASON D.CROMWELL,RAYMOND M.HUNDLEY,MICHELE DAWN LACROSSE,RYAN C. BRITT,MICHAEL DIX,JAMES H.MARTIN els hue and lawful Altomeyts}'indacL at LOUISVILLE in the Slate of KY and each of them to have full power to act without the other or others lo make,execute and deliver on its behalf,as surety or co-surety;bonds and undertakings given for any and all purposes also to execute and deliver on its behalf as aforesaid renewals,extensions.agreements,waivers,consents or stipulations relating to such bonds or undertakings provided however,Thal no single bond or undertaking so made executed and delivered shall obligate the Corporation for any portion of the penal sum thereof in excess of the sum oITEN MILLION Dollars(S10,000,000), Such bonds and undertakings for said purposes when duly executed by said attorneys}in-fact,shall be binding upon the Corporation as fully and to the same extent as if signed by the President of the Corporation under its cnrperate seal attested by its Corporate Secretary This appointment is made under and by authority of certain resolutions adopted by the Board of Directors of Ode Corporation by unanimous written consent on Utah of January,2014,a copy of which appears below under the heading entitled'Certificate; This Power of Attorneys signed and sealed try facsimile under and by authority of the following resolution adopted by the Board of Directors of the Corporabyrby unanimous written consent on Jaeuary9.2014 and said resolution has not since been revoked amended or repealed RESOLVED.that in granting powers of attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consort on lenuar f,2014.the signature of such directors and officers and the seal of the Corporation may be affixed to any sect)power of attorney or any certificate relating thereto by Lacs rniteand any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking to which it is attached IN WITNESS WHEREOF,Me Corporation has caused these presents to tie drily signed and its corporate seal to to hereunto affixed and attested thist8th day of May,2018 at Purchase. New York. (Corporate Sea; ENDURANCE.ASSURANCE CORPORATION ATTEST ' }/C By .t/fl ` ,, et ^r MARIANNE L.WILBERT,SENIOR VICE PRESIDENT SHARON L.SIMS,SENIOR VICE PRESIDENT STATE OF NEW YORK ss.PURCHASE COUNTY OF WESTCHESTER On the 19th day of May,2019 before me personally came SHARON L.SIMS,SENIOR VICE PRESIDENT to me known,who being by me duly sworn did depose and say that(dile resides in SCOTCH PLAINS,NEW JERSEY that(s)he is a SENIOR VICE PRESIDENT of ENDURANCE ASSURANCE CORPORATION,the Corporation described in and which executed the above instrument that fs)he knows the seal of said Corporation that dee seal affixed to said instrument is such corporate seat that it was so affixed by order of the Board of Directors of bard Corporation,and brat(s)he signed his(her(name thereto Dy like order. (Notarial Seal) NICHOLAS JAMES BENENATI.Notary Public.My Commission Expires 12/07/2019 CERTIFICATE STATE OF NEW YORK 5s MANHATTAN COUNTY OF NEW YORK I,CHRISTOPHER DONELAN the PRESIDENT of ENDURANCE ASSURANCE CORPORATION a Delaware Corporation(the`Corporallonl,hereby certify 1.That the original power of attorney of which the for goinl h;a copy was duly executed on behalf of Ike Corporation and has not since been revokedanteroded or modified that the undersigned has compared the foregoing copy thereof with the original power of attorney and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2, The following are resolutions which were adopted by the Board of Directors of the Corporation by unanimous viten consent on January&.2014 and said resolutions have not since been revoked,amended or modified. RESOLVED.that each of the individuals named below is authorized to mage mute.seal and deliver for and on behalf of the Corporation any and all bonds undertakings or obligations in surety orco•surety with oth err CHRISTOPHER DONELAN,SHARON L.SIMS,MARIANNE L.WILBERT And be it,furdrer RESOLVED that each of tha'iattrrvi;iuets named above is authorized to appoint atterneysinda tfor the purpose of making executing_seatng and it ennng bandS undeaak+rgsor obtgatifls in surety Cr co-surety for axion Who of the Corporation' 3,The Undersigned hither centres that the above resolutions are rue and correct copies of the resolutions as so recorded and of the whole thereof IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal this f"ft. day at l t .20AL. (Corporate Seat, / {� j CHRISTOPHER DONELAN,PRESIDENT A!hy ,o6icx6m11ws we wind berry 5tit EN Claps Star^'Noon•xreytorvAWaesl$nwrro.intleenr S�x'cip Chwrr titter'877.676-7575 hcntnp edrhrs Secy Ctann D*pannon„Sartia imam Namur 1121 Av.nuo or eve pnwvizas,lens Flow W:w Yonk,NY 16070 11F Collier County Solicitation 19-7616 FORM 8-INSURANCE AND BONDING REQUI REM ENTS... 'T'he Vendor shall at its own expense. earn and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B I' his solicitation. The Vendor 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 Vendor waive against each other and the. County's separate Vendors, 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 Vendor and County shall, where appropriate, require similar waivers of subrogation front the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible fbr 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 and title. The General liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County,Florida,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 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 Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage.Vendor 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 Vendor's sole responsibility. Coveragej,J 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 Vendor 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 Vendor. The Vendor 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 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 covcragej)required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage and charge the Vendor for such coverage purchased. If Vendor 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 Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coveragejj purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage.jj shall in no way be construed to be a waiver of any of its rights under the Contract Documents. lithe initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work,the Vendor shall furnish to the County renewal or replacement Certif icate(s)of insurance not later than ten(10)calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s)shall be considered justification for the County to terminate any and all contracts. 5/31/2019 1:25 PM p.79 11 F Collier County Solicitation 194618 Collier County Florida Insurance and Bonding Requirements insurance/Bond Type Required Limits 1. E Worker's Compensation Statutory Limits of Florida Statutes. Chapter 440 and all Federal Government Statutory Limits and Requirements idence of Workers (`‘ tripetsation t;‘)\epage or a Ccrti ficate ctrffAelTio#0:Ouet:1 by the st:ite of Fhwida is rk:quired. Entities that arc funned as sole Prpr *orships shall not h rekinilvd to provide, t Proof of e\emptiolL ,ipplie-.1tilort for titiiiition can be obtained online at blins://anps.Ms.comlbocexempt/ 2. Employer's I,iability S 1,000,000 _single limit per occurrence 3. Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned alter the current S_2,000,000, single limit per occurrence, S2,000,000 aggregate for Bodily ISO form Injury Liability and Property Damage Liability. This shall include Premises and Operations: Independent Contractors; Products and Completed Operations and Contractual 1.iability, 4. Z Indemnification To the maximum extent permitted by Florida law. the Contractor/Vendor shall defend, indemnify and hold harmless Collier County. its officers and employees from any and all liabilities, damages. losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees,to the extent caused by the negligence,recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. Z Automobile Liability S 1,000,000_ Each Occurrence; Bodily Injury & Property Damage. Owned/Non-owned/I fired:Automobile Included 6. Z Other insurance as noted: 0 Watercraft SPer Occurrence United States Longshoreman's and larborworker's Act coverage shall be maintained where applicable to the completion of-the work. Per Occurrence 0 Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. S Per Occurrence 0 Aircraft Liability coverage shall be carried in limits of not less than$5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. S Per Occurrence El Pollution $ 1,000,000 Per Occurrence 0 Professional Liability S Per claim& in the aggregate 0 Project Professional Liability S Per Occurrence 0 Valuable Papers Insurance SPer Occurrence 0 Cyber liability SPer Occurrence 0 Technology Errors&Omissions S Per Occurrence 7. E Bid bond Shall he submitted with proposal response in the form of certified funds,cashiers'check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal 5/31/2019 1:25 PM p.80 11 F Colter County Solicitation 19-7616 bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. Z Performance and For projects in excess of$200,000.bonds shall be submitted with the executed contract Payment Bonds by Proposers receiving award,and written for 100%of the Contract award amount,the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner;provided,however,the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus,all as reported in the most current Best Key Rating Guide,published by A.M. Best Company,Inc.of 75 Fulton Street,New York,New York 10038. 9. Z Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. (2) Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of,the Additional Insured and the Vendor's policy shall be endorsed accordingly. II The Certificate Holder shall he named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County,OR Collier County Government.OR Collier County. The Certificates of Insurance must state the Contract Number.or Project Number,or specific Project description,or must read: For any and all work performed on behalf of Collier County. 12. EI On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East. Naples,FL 34112 13. 2) Thirty(30)Days Cancellation Notice required. 14. Collier Count!, shall procure intl maintain Builders Risk Insurance on 111 construction projects where it is dLt0111L'd it it "u It co shall be endorsed to ,:over the interests of Collier County at, well as the Contractor. Premiums shill! be billed to firc *jetvand th Contr:Llor shall not include Builders Risk premiums in its lartakiet proposal ta project hillint:ts, quk..4tiops rqeming Builder's Hist% Iniatranee will be addressed by the Collier County Risk :\lan, emett I v ision. 5/15/19-CC Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within live(5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six(6)months from the date of award. Name of Firm quit Ilrothers, Inc Date Vendor Signature Print Mune C. "Bill" Musselwhite Insurance Agency Johnson & Company Agent Name Chris Johnson Telephone Number (407) 843-1120 5131/2019 1:25 PM p,81 CAO 11F 4 Collier County Solicitation t9-7616 Col ler County Administrative Services Department P;o rr,•n ens Setv;c4,s Di,isscin FORM 9-CoNH.lCF"OFF IYFERE5•t Ai tt)AVIT The Vendor certifies that,to the best of its knowledge and belief',the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules-The firm has not set the"ground rules"for affiliated past or current Collier County project identified above(e.g.. writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement)which appears to skew the competition in favor of my firm. Impaired objectivity-The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals i past performance of itselfor a competitor,which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information --The firm has not had access to nonpublic information as pan of its performance of a Collier County project identified above which may have provided the contractor(or an affiliate)with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit,the contractor i vendor must provide the following: I. All documents produced as a result of the work completed in the past or currently being worked on for the above-mentioned project;and, 2. Indicate if the information produced was obtained as a matter of public record(in the-sunshine-)or through non-public(not in the"sunshine")conversation(s),meeting(s).documentis)and'or other means, Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below,the firm(employees,officers and/or agents)certifies.and hereby discloses,that,to the best of their knowledge and belief,all relevant facts concerning past,present,or currently planned interest or activity (financial,contractual,organizational. or otherwise)which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: Young tst o lle )neIQ Signature and Dat Print"flame: C.W. "Bil " Musselwhite Title of Signatory:_ Senior Vice President_ 5/3112019 1.25 PM p.82 11 F Collier County Solicitation 19-7616 cot, county Administrative Services Department Procure:1%N Srei DM*On FORM 10-VENDOR DEci,A8.vrioN STATKNiENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples.Florida 34112 Dear Commissioners: The undersigned.as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith,without collusion or fraud. The Vendor agrees,if this solicitation submittal is accepted,to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County,for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further,the vendor agrees that if awarded a contract for these goods and/or services,the vendor will not be eligible to compete,submit a proposal,be awarded,or perform as a sub-vendor for any future associated with work that is a result orth is awarded contract. IN WITNESS WHEREOF,WE have.hereunto subscribed our names on this 1St day of July 20 19in the County of LEE in the State of Florida Firm's Legal Name: Youngquist Brothers. Inc. Address: 15465 Pine Ridtte Rd. City.State,Zip Code: Fort Myers, FL 33908 Florida Certificate of 527821 Authority Document Number Federal Tax 59-1836961 Identification Number *CCR Lor CAGE Code 47M64 *Only if Grant Funded Telephone: (239) 489-4444 Signature by: C.W. "Bill" Musselwhite .1) (Typed and written) Senior Vice President 5/31/2019 1 25 PM p.83 CAO 11F Collier County Solicitation 19-7616 Additional Contact Information Send payments to: (required if different from Company name used as payee above) Contact name: Title: Address: City,State,ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City,State,ZIP Telephone: Email: Secondary Contact for this Harvey Youngquist Jr. - Project Manager/Vice President Solicitation: Email: harvey@youngquistbrothers.com Phone: (239) 292-2371 5/31/2019 1:25 PM P.84 1 F Cotter County Solicitation t976i6 Collier County Administrative Services Department Procorermnt Se,,tes FORM 11-ImmiGnATION ArFIDAV1T CERTIFICATION This Affidavit is required and should he signed,notarized by an authorized principal of the firm and submitted with formal solicitation submittals, Further. Vendors are required to enroll in the E-Verify program,and provide acceptable evidence of their enrollment,at. the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly completed E.-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the F-Verify program mar deem the Vendor's proposal as non- responsive. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A(e)of the NA. Such Violation by the recipient of the Employment Provisions contained in Section 274A Ce) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System(E-Verify),operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission or the Vendor's proposal. Company Name Youngquist Brothers, Inc. Print Name Harvey Y.dr ssuist Jr. Title Vice President Signature Date 17/1/11 State of Florida County of LEE The signee of these Affidavit guarantees,as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. ow, FUL414/11 • (ILL- -• \WOW'•,161/',, .*f••• Commission No.: 8G 37•AA ... -w• =z G637228 %.4 •..up „..Zt• "1//84/C, "Jinn titi.t0 5/31'2019 125 PM p.85 CAO 11F Collier County Solicitation 19-7616 -.r C ter Cotm .d , a:e se:czs txTt FOR\d 12-VENDOR SillsTITITE\V-9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following informuion for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5)requires that the county notify you in writing of the reason for collecting this information,which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name Youngtinist Brothers, Inc. (as shown on income tax return) Business Name l'' eryn(/'orn taivp,iver mime) Fort Myers t w Address 15465 Pine Ridge Rd City ..__ y r Stale Florida lip__ 33908 Telephone (239) 489-4444 Email controllergyoungquistbrothers.com Order Information (Must he filled out) Remit l Payment Informtitiun(Must he tilted out) Address 15465 Pine Ridge Rd 15465 Pine Ridge Rd Addressg'' Crit} Ft. Myers state FL Gip 33908 lily Ft. Myers State FL lip_ 3390€1 Email billy youngquistbrothers.com litmil ctulbright(( .youngqutstbrnthers.com 2. Company Status Ic heck only one) ,, fndividual/Sole Proprietor V Corporation Partnership fax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC Enter the tax classification 501 (c)3) (D = Disregarded Entity, C' =Corporation, P Partnership) 3. 'laxpayer Identification Number(far tax reporting purposes only) Federal Tax Identification Number(TIN) 59-1836961 (Vendors who do not have a TIN,will be required to provide a social security number prior to an award). 4. Sign and Date Form:Certification; I/ncler ,enr Hero r iJu1 lj cert L'that,/ - irr)bnnw.._n sb,nvn on this form is corn ect to toy knowled,Te Si name.' `� . Date 5 ic q, Title Phone Number Senior Vice President (239) 910-1191 5191 2015 1:25 PM p,86 11F Collier County Solicitation 19.7616 FORM 13-BIDDERS CIUECKLIS'l'� IMPORTANT: Please read carefully,sign in the spaces indicated and return with your Bid. Bidder should check off each of the lhliowing items as the necessary action is completed: I The Bid has been signed. 2. [he Bid prices offered have been reviewed. 3. 'the price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings,descriptive literature,etc.have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed in Bidsync: 1. Construction bid instructions form 2. Construction services agreement 3. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: 1. Bid Form(Form I) 10. Vendor Declaration Statement(Form 10) 2. Contractors Key Personnel(Form 2) 11. Immigration Law.Affidavit Certification 3 Material Manufacturers(Form 3) (Form II) 4. List of Major Subcontractors(Form 4) I2. Vendor Substitute W-9(Form 12) 5. Statement of Experience(Form 5) 13. Bidders Checklist(Form 13•-this form) 6. Trench Safety Act(Form 6) 14. Business tax Receipt(Collier County 7. Bid Bond Form(Form 7) Businesses Only) 8. Insurance and Bonding Requirements(Form 8) 15. Signed Grants Provisions Package(it' 9, Conflict of Interest Affidavit(Form 9) applicable 9. Copies of required information have been attached 1. Company's E-Verify profile page or memorandum of understanding 2. Certificate of Authority to Conduct Business in State of Florida 3. Any required professional licenses—valid and current (ie:General Contractors license, Underground Utility and Excavation.Builders. Trade Cntractors,etc.,as applicable,requested an&or required.) 10. If required.the amount of Bid bond has been checked,and die Bid bond or cashier's check has been submitted. II. Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time,otherwise the Bid cannot be considered. 1 Y wut,c uist Brothers, l.ti'. ( ,, ,--Bid cr(mime I i M1 t . 'V,)\ \iK1\\,) Sign ture&Title "Ate 5!'712019 1:25 PM p.87 CAO 11F ,/:112016 E-Verity-Employer Wizard-Company Information E-Verify iro • 'r"" Vielcare Uver t0 Lasl.Loom Employment Eligibility Verification Maria Gatos ::rGARZ551 0t37PM-0440412016 Log Out Click.any 0 for heti; How Company Information to vm m,s New Case Company Name. Youngquist Brothers,Inc. Vrew Cases View/Edit Search Cases fp Company ID Number: 435213 r>rotil Edit Profile Doing Business As(DBA) Name: Change Password DUNS Number. Change Security G uosuons My Company Physical Location: Mailing Address: Edit Company Profile Address 1: 15465 Pine Ridge Rd. Address 1: Add New User Address 2: Address 2: View Ez ssng Users City: Fort Myers City: Close Company Acceant State: FL State: My rioprot, Zip Code: 33908 Zip Code: View Reports County: LEE fdy taeseurces View Essential Resources Additional Information: Take Tutorial Employer Identification Number.591836961 View User Manual Total Number of Employees: 100 to-199 Share Ideas Parent Organization: Contact Us Administrator: Organization Designation: Employer Category: None of taese categories apply NAICS Code: 238-SPECIALTY TRADE CONTRACTORS View!Edit Total Hiring Sites: View t Edit Total Points of Contact: View]Edit View 1.1311 LIZ Dopartnsonl of Homeland Security-uwr.dhogov U.S C�izanstrp and tmmgaiwn Sarin^•uw.usoo gas Enabsa Pornan n..., � � and TcxYYtrs AG'x.S.2SAy Dor.rt�%1 Vowars https:lie-verity,uscis.govtemp?EmployerWizard.aspx 111 CA() 11F FLORIDA DEPARTMENT of STATE DIVISION OF CORPORATIONS DIVISION Of ti I. Z p , CORPORATIONS an official State of Florida website Deparrr,..l 1 St,,a• / i) a..r.;c/Co'corat ots_ / Sear'; } ords / Octal Bc t . unor;t Nun-re,/ Detail by FEI/EIN Number Florida Profit Corporation YOUNGQUIST BROTHERS, INC. Filing Information Document Number 527821 FEI/EIN Number 59-1836961 Date Filed 03/15/1977 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 06/09/2015 Event Effective Date NONE Principal Address 15465 PINE RIDGE ROAD FT MYERS, FL 33908 Changed: 02/15/1991 Mailing Address 15465 PINE RIDGE ROAD FT MYERS, FL 33908 Changed: 02/15/1991 Registered Agent Name&Address FRIDAY, RICHARD 15465 PINE RIDGE RD FORT MYERS, FL 33908 Name Changed: 02/09/2012 Address Changed: 02/09/2012 Officer/Director Detail Name&Address Title PSD YOUNGQUIST,TIM 15465 PINE RIDGE ROAD FT. MYERS, FL 33908 i 11F Title D,T YOUNGQUIST, HARVEY 15465 PINE RIDGE ROAD FT.MYERS, FL 33908 Title V YOUNGQUIST, HARVEY JR 15465 PINE RIDGE ROAD FT MYERS, FL 33908 Title V YOUNGQUIST,BRETT 15465 PINE RIDGE RD FT MYERS, FL 33908 Title V MUSSELWHITE,CHARLES 15465 PINE RIDGE RD FT MYERS, FL 33908 Title SV YOUNGQUIST,HARVEY,JR 15465 PINE RIDGE ROAD FT MYERS, FL 33908 Annual Reports Report Year Filed Date 2017 05/01/2017 2018 08/15/2018 2019 04/10/2019 Document Images 04/10/2019—ANNUAL REPORT View image in PDF format Q8/1512018„--,ANN,VAL.REPORT View image in PDF format 05101/2017--ANNUAL REPORT View image in PDF format 03/21/2016--ANNUAL REPORT View image in PDF format 06/09/2015—Amendment View image in PDF format 03/16/2015--ANNUAL REPORT View image in PDF format 03/13/2014--ANNUAL.REPORT View image in PDF format 02/27/22013--ANNUAL REPORT View image in PDF format 02/09/2012--ANNUAL REPORT View image in PDF format 06/27/2011--ANNUAL REPORT View image in PDF format 03/14/2011--ANNUAL REPORT View imago in PDF format 02/15/2010-_ANNUAL REPORT View image in PDF format 06/24/2009—Off/Dir Resignation View image in PDF format 11F 03/19/2009—ANNUAL REPORT View image in PDF format 02/22/2008--ANNUAL REPORT View image in POE format 02/16/2007—ANNUAL REPORT View image in POE format 01/05/2006—ANNUAL REPORT View image in PDF format 01/05/2005—ANNUAL REPORT View image in PDF format 01/12/2004--ANNUAL.REPORT View image in PDF format 01/29/2003--ANNUAL REPORT View image in PDF format 02/10/2002--ANNUAL REPORT View image in PDF format 03/19/2001--ANNUAL REPORT View image in POE format 03/30/2000--ANNUAL REPORT View image in PDF format 03/10/1999—ANNUAL REPORT View image in POE format 02/03/1998--ANNUAL REPORT View image in PDF format 05/09/1997—ANNUAL REPORT View image in PDF format 05/01/1995--ANNUAL REPORT View image in PDF format 05//01/190;--ANNUAL REPORT View image in PDF format Honda Department or State,Division of Corporations CAO 11F State of Florida Department of State I certify from the records of this office that YOUNGQU1ST BROTHERS, INC. is a corporation organized under the laws of the State of Florida, tiled on March 15, 1977. The document number of this corporation is 527821 . 1 further certify that said corporation has paid all tees due this office through December 31, 2018, that its most recent annual report/uniform business report was filed on August 15, 2018, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given uruler my luau!tint!the Great Sea!of the State of Florida at Tallahassee, the Capital, this the Twenty-third tla}'of'Vovember, 21)18 r� l*S. kI ► -�-''-1:.a �j et 1 _1` %p•tw .t,�oix �c ` Secretary of f State Tracking Number: €_`t10S56I7$3 i7 To authenticate this certificate,visit the Following site,enter this number,and then follow the instructions displayed. https://seryices.sunbiz.or /Filings/Certificate)(status/C'ertificateAutrtentrcation 0 LI- v1 1E04 . .. „, •__ ______ _______ , ... .______.__.„_....._ Shimem co u.......(j. o • cs.:. < < E U-i U VI te H .F2 I . w ce Ill 1.1.i ta) . 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H 1— = cl... 0 b >. u < (A ..._ CP) 0 C). H BIN • :,,%,•••'• •`' I.'”' rrl'al 3Lerj.4"Ktr''' .t" ! . g'.;,::',i,i.:,..gt,E OW . tkcj:,4.13r . •3,. •I 4.,Y.. . ,,.• -.:,'At.c ... •,37,(Fir.;K:44 .,,,,. oTt.p.,F•71-1.5•1••.1.. ....1„.1.4 f,;.rt le„ ; • ' air . EJE.2-1.1%,4E3 0 11 F , " "- ''''''''''''...% it, / , ' 40: ., tl ate of Florida icense , i, / Water Well Contractor , Southwest Florida Miter Management Dish r„.....,ict „, 1 Certifies That , . .e,,,, I 1 ,,, Harvey Youngquist Jr /i .'" ' •i, „71,0 „,,,..., ox,:ir 1 Ar HAS BEEN DZILY LICENSED AS A WATERWEL'', L CONTRACT()I? IN' THE 5T4 TE Or FLO*DA LICENSE ATUMBER 11336 July 31, 2019 Well Construction Section Expiration Date Water Use Permit Bureau 11111111111111111111k CAO 1 1 F EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Cameron Webster Construction Superintendent Harvey Youngquist Jr. Project Manager C.W. "Bill" Musselwhite Contract Executive 10 Construction Services Agreement:Revised 072118 0 11F EXHIBIT B-1:PUBLIC PAYMENT BOND Deep Injection Well for Collier County Landfill Bond No. LICX 1177761 Contract No. 19-7616 KNOW ALL MEN BY THESE PRESENTS: That Youngquist Brothers,Inc. ,as Principal,and Lexon Insurance Company ,as Surety, located at 10002 Shelbyville Road,Suite 100, Louisville,KY 40223 (Business Address)are held and firmly bound to Board of County Commissioners Collier County,Florida as Obligee in the sum of Six Million Seven Hundred Eighty-Eight Thousand Seven Hundred Eighty-Two dollars and No/100 ($6.788,782.00 ) 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 9{ day of (c{v4f✓ 2019, with Obligee for Construction and Testing of Deep Injection Well for Collier County Landfill 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: 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 day of 20 , the name of each party being affixed and these presents duly signed by its under-signed representative,pursuant to authority of its governing body. 11F Signed,sealed and delivered in the presence of: PRINCIPAL /2/(tag. „i,.1111'; ist Brothers Inc. J '- ( �'W -- BY: flak . A�•- Witnesses as to Principal NAME: W. Bill" Mus 1w ite ' _ ITS: - ,•• ' - ' - .a-1 STATE OF Florida COUNTY OF LEE The foregoing instrument was acknowledged before me this 03 day of SCpirm`c( 2019 ,by C.W. "Bill"Musselwhite ,as enior Vice Pr- .a- , of Youn•.uist Brothers Inc. , a Florida corporation,on behalf of the corporation.I e/she is personally known to me IR has produced as identification and did(did not)take an oat My Commission Expires: O'1 IISI 202.2.- ago (Si nature of otary) �► Uig NAME: Ma jG Rey GS ':.., MY COMMISSION I GG 238232 (Legibly Printed) :;, ••sk E .Ai EXPIRES:duly 15.2022 d ° r.� ,• Banded Thu Noiry Public U ndrnwNna (AFFIX OFFICIAL SEAL) Notary Public,State of Florida Commission No.: Gilij 2313232- ATTEST: SURETY: Lexon Insurance Company (Printed Name) 10002 Shelbyville Road,Suite 100 Louisville, KY 40223 (Business Address) (Authorized Signature) Witnesses to Surety (Printed Name) 1 1 F OR ,e(f/1 Xorney in"Fact • (Attach Power of Attorney) Brook T. Smith Witnesses (Printed Name) 2307 River Road,Suite 200 Louisville, KY 40206 (Business Address) 502-636-9191 (Telephone Number) STATE OF Kentucky COUNTY OF Jefferson The foregoing instrument was acknowledged before me this 30th day of August ,20 19 , by Brook T. Smith , as Attorney-in-Fact of Lexon Insurance Company Surety, on behalf of Surety. He/Stites is personally known to me OR has produced personally known as identification and who load (did not)take an oath. My Commission Expires: 2/13/2020 " °��G • (Signature) Name: Sandra L. Fusinetti (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: KY Commission No.: 549253 11F EXHIBIT B-2:PUBLIC PERFORMANCE BOND Deep Injection Well for Collier County Landfill Bond No. LICX 1177761 Contract No. 19-7616 KNOW ALL MEN BY THESE PRESENTS:That Youngquist Brothers,Inc. ,as Principal,and Lexon Insurance Company_ ,as Surety, located at 10002 Shelbyville Road, Suite 100,Louisville,KY 40223 (Business Address)are held and firmly bound to Board of County Commissioners Collier County,Florida as Obligee in the sum of Six Million Seven Hundred Eighty-Eight Thousand Seven Hundred Eighty-Two dollars and No/100 ($ 6,7$$,7$2.00 ) 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 X day of 0c 6b-ty- 2019, with Obligee for Construction and Testing of Deep Injection Well for Collier County Landfill in accordance with drawings and specifications,which contract is incorporated by reference and made a part hereof,and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract;and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee;and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety,for value received,hereby stipulates and agrees that no changes,extensions of time,alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes,extensions of time,alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05,Florida Statutes,shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. 11F IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2019, the name of each party being affixed and these presents duly signed by its undersigned representative,pursuant to authority of its governing body. Signed,sealed and delivered in the presence of: PRINCIPAL Y• ui Prot'ers Mc! i BY:Wallia��e' Witnesses as to Principal V NAME: C. ' . "Bill" Musselwhite ITS: - ,'• ' - ' - '•- , STATE OF Florida COUNTY OF LEE The foregoing instrument was acknowledged before me this 03 day of fipttll1ber , 20 19 , by C.W. "Bill"Musselwhite , as Senior Vice President of • ,.. : • ,- , , a Florida corporation, on behalf of the corporation. 1 e/she is personally nown to me)OR has produced as identification and did(did not)take an oath. My Commission Expires: (fl I I5J2022fa (S gnature) , ,: MARIAREYES Name: Marlq Reyes • •• • MY COMMISSION GG 238232 (Legibly Printed) .:•"•;•,-...:-X EXPIRES:July 15,2022 (AFF„ " Pi°�` """� Notary Public,State of: Florida Commission No.: C,C- 238232 � 1 i- ATTEST: SURETY: Lexon Insurance Company (Printed Name) 10002 Shelbyville Road.Suite 100 Louisville, KY 40223 (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact 4/".":"(24".." (Attach Power of Attorney) Brook T. Smith Witnesses (Printed Name) 2307 River Road, Suite 200 Louisville, KY 40206 (Business Address) 502-636-9191 (Telephone Number) STATE OF Kentucky COUNTY OF Jefferson The foregoing instrument was acknowledged before me this 0 day of it1,. 4— ,20 lg ,by Brook T. Smith ,as Attorney-in-Fact of Lexon Insurance Company ,a Texas Surety,on behalf of Surety. He/She is personally known to me OR has produced personally known as identifi ation and wh (did not)take an oath. My Commission Expires: 2/13/2020 (Signature) Name: Sandra L. Fusinetti (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: KY Commission No.: 549253 11F • POWER OF ATTORNEY 11078 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS,that LEXON INSURANCE COMPANY, a Texas Corporation,with its statutory home office in Austin, Texas, does hereby constitute and appoint: Brook T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Barbara Duncan, Sandra L. Fusinetti, Mark A. Guidry, Jill Kemp, Lynnette Long, Amy Meredith, Deborah Neichter, Theresa Pickerrell, Sheryon Quinn, Beth Frymire, Leigh McCarthy, Michael Dix, Susan Ritter its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1st day of July, 2003 as follows: Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $10,000,000.00, Ten Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In- Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 22nd day of June, 2018. LEXON INSURANCE COMPANY ire SEAL 4s BY '•`? �O's�' % Brian Beggs • �' President ACKNOWLEDGEMENT On this 22nd day of June, 2018, before me, personally came Brian Beggs to me known,who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. ,,,.�TAY(O '', AMY TAYLOR ,aE Notary Public-State of Tennessee BY Davidson County ..1411Amy My Commission Expires 5-9-2023 Nota Public CERTIFICATE I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. c Signed and Seal at Mount Juliet, Tennessee this_ h Day of I`'c ,.£�= , 20 2 1. JISEAL 4; BY a, Andrew Smith - Z 4r1 Assistant Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties." 11F 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 cf 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 11F 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 111= Collier County Solicitation 19-7616 Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits ® Worker's Compensation Statutory Limits of Florida Statutes. Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to'proside a proof of exemption. An application for exemption can be obtained online at hups://aoos.fldfs.com/bocexemnt/ 2. ® Employer's Liability S 1,000,000 single limit per occurrence 3, © Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current S2,0(10,000 single limit per occurrence, 52.000.000 aggregate for Bodily ISO form Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the 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 riot limited to, reasonable attorneys' fees and paralegals' fees,to the extent caused by the negligence.recklessness. or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ® Automobile Liability S 1,000,1100 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/I fired;Automobile Included 6. ®Other insurance as noted: ❑ Watercraft S Per Occurrence ❑ United States Longshoreman's and I-larborworker's Act coverage shall be maintained where applicable to the completion of the work. S Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. S Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than 55.000,000 each occurrence if applicable to the completion of the Services under this Agreement. S Per Occurrence ® Pollution S 1,000,000 Per Occurrence ❑ Professional Liability S Per claim & in the aggregate ❑ Project Professional Liability S Per Occurrence ❑ Valuable Papers Insurance SPer Occurrence ❑ Cyber Liability S_ Per Occurrence ❑ Technology Errors&Omissions S Per Occurrence 7. ® Bid bond Shall be submitted with proposal response in the form of certified funds,cashiers'check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal 5/3112019 1:25 PM 19 Construction Services Agreement:Revised 072118 11F Collier County Solicitation 19-7616 bond in a sum equal to 5%of the cost proposal.All checks shall he made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. © Performance arid For projects in excess of 5200.000,bonds shall be submitted with the executed contract Payment Bonds by Proposers receiving award,and written for 100%of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner;provided,however,the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus.all as reported in the most current Best Key Rating Guide,published by A.M. Best Company.Inc.of 75 Fulton Street,New York,New York 10038. 9. © Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. IZ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of,the Additional Insured and the Vendor's policy shall he endorsed accordingly. I I. S The Certificate Holder shall he named as Collier County Board of County Commissioners. OR, Board of County Commissioners in Collier County. OR Collier County Government,OR Collier County. The Certificates of Insurance must state the Contract Number.or Project Number.or specific Project description,or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Bard of Commissioners,. 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty(30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary Such coverage shall be endorsed to et.>wer the interests of Collier County as well its the Contractor. Premiums shall he billed to the pt:rlect and the. Contractor shall not include Builders Risk premiums in its project proposal or project billingit. All questions ns regarding Builder's Risk Insurance will be addressed by the Collier County Risk.\lanitgement I]iwisian. 5/15119-CC Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may he required within five(5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six(6)months from the date of award. Name of Firm __ .. 1_tst, rot ers, lt•.._ .. ......._ Date r = 19 ._. .__._. Vendor Signature Print Name C.W "Bill" Musselwhite Insurance Agency Johnson &Company Agent Name Chris Johnson Telephone Number (407) 843-1120 20 5/3112019 1:25 PM Construction Services Agreement:Revised 072118 CAO 11F 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 11F 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: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & $ Stored to Date: Retainage @10% $ Retainage @ 10% through [Insert $ through [Insert Date] date] Retainage @ % $ Less Retainage $ after[Insert date] Total Earned Less Retainage $ Less previous payment(s) Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time % Completed to Date: Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,security interests and encumbrances(except such as covered by Bond acceptable to OWNER); (3)all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: 22 Construction Services Agreement:Revised 072118 ,r^ 11F 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 APPLICATIONS THIS &STORED (reduced rate) WTHHELD THRU DATE SINCE DATE PERIOD TO DATE TOTALS *Explanation for the two columns under Previous Applications:The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue cor 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 1 11F 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 )) 11F EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http://bccsp01/SiteDirectory/ASD/Purchasing/Forms 1/Forms/Default.aspx Change Order Form Contracts: Change e. Purchase Order#: Project e: Contracto lFimn Name: Project Name: Project Manager Name Department: Calginal Connrac2Wor'.cedar Amount Original BCC Approval Date:Agenda It n Current BCC Approved Amount Last BCC Approval Date;Agenda Item Current ContactWor(Order Amount SAP Contract Expiration Data Waster) Dollar Amount of this Change Oiltl IVO! Total Change from 0 iginal Amount RiaedCcntxactWo Order Total 0.00 *C IVO! Change from Curl'ent BCC Approied Amount Cunxlathe Cflanges 2 0.00 00 IVO! Changefrom C Urrent.Amount Completion Date, Description of the Taskts}Change,and Rationale for the Change Notice to Proceel Original Last Approved Revised Date Date II Completion Dat Date A,W.tn7otage *of Days Added Select Tasks 0 Add new task(s) 0 Deletetask(s) Cl Changetask(s) 01'Other issabeldm Provide a response to the following:1.1 detailed and specific exp lanationlrationale of the requested change(s)to thetaskjs}and I or the additional days added(if requested);2.1 why this change was not included in the original contract;and,3.)describe the impact if this change is not processed. Ana n e::oral rformator from the Desgn-rofessora'3o Contractor rf reeceu. Prepared by: Dale: (Protea Manage,Name ard Depanmert; A,ccet4arceofthisChangeOrderstal:cons_ta.teamc*dificaUort000trlract work order ldentifiedabove and willbesub)ecttoelite same teams and cors dations as contained in the contract work order indicatedabove,asfullyasifthesamewerestaled'itthisacceptaroe. The adjustment f any,to the Contract shall COnSl ihat:e a full and final settlement of any and at claims of the Contractor 7 Vendor,'Cons altar Design Professional arising out of or related to the change set fonh herein,inc icing claim s for impact and delay casts. Accepted by: Date: {Cort rector,`Vendor;Consultant D_ss,"Prof Ssscnaarid Name of Firm.4 project applcable) Approved by: Dale: (Des>g n Prefes s tonal and Name of Finn.if project applscabiel Approved by: Date: (Procurement Professional 25 Construction Services Agreement: Revised 072118 11F EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJ ECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL,and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 26 Construction Services Agreement: Revised 072118 11F 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 11F 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 f�,;f1 11F EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power, availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole;topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 29 Construction Services Agreement: Revised 072118 11F 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 wil 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 11F 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 11F 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 polities. 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 11F 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 11F 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will 34 Construction Services Agreement:Revised 072118 CA() 11F 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 C 11F (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 Tam iami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Pubic Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all 36 Construction Services Agreement: Revised 072118 11F 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 11F 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 pendency of any Claim. 38 Construction Services Agreement:Revised 072118 CA() 11F 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 Contractor/Vendor/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 Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 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 11F 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 CAO 11F Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324,et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 41 Construction Services Agreement: Revised 072118 A F 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 11F 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 11 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 CAO 1 1 F • 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 11F costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall 46 Construction Services Agreement: Revised 072118 CAO 11F 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 11F 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, 48 Construction Services Agreement: Revised 072118 CAO 11F 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 CAO 11F 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 CAO 11F the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of 51 Construction Services Agreement: Revised 072118 CAU 11F 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 11F 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 Purdtase 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 11F 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(a�colliergov.net)whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exdusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A"project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of$2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department(SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing/will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 54 Construction Services Agreement: Revised 072118 CAO 11F 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida,which courts have sole and exdusive jurisdiction on all such matters. 55 Construction Services Agreement:Revised 072118 t 11F EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 56 Construction Services Agreement:Revised 072118 ,t•� 4,x;1 11F SECTION 01025 MEASUREMENT AND PAYMENT PART 1 -GENERAL 1.01 The details of work to be performed are specified in the Technical Specifications and on the Drawings. 1.02 Payment to the Contractor shall be made on the basis of the Bid Items as full and complete payment for furnishing all material, labor,tools,and equipment,and for performing all operations necessary to complete the work included in the Contract Documents. Such compensation shall also include payments for any loss or damages arising directly or indirectly from the work, or from any discrepancies between the actual quantities of work and those shown in the Contract Documents, or from any unforeseen difficulties, which may be encountered during the prosecution of the work until the final acceptance by the Engineer and Owner. Work performed beyond the Contract requirements shall not commence until written authorization is received from the Owner. 1.03 The prices stated in the Bid Form include all costs and expenses for permit fees and taxes, labor, equipment, material, commission, transportation charges and expenses, patent fees and royalties, labor for handling material during inspection,together with any and all other costs and expenses for performing and completing the work, as shown on the Drawings and specified herein. The basis of payment for Bid Items at the price shown in the Bid Form shall be in accordance with its description of the item in this section and as related to the work specified and shown on the Drawings. Unit prices, where used, will be applied to the actual quantities furnished and installed in conformance with the Contract Documents. 1.04 The Contractor's attention is called to the fact that the quotations for the various items of work are intended to establish a total price for completing the work in its entirety. The cost of work for which there is not a separate Bid Item shall be included in the Mobilization/Demobilization Bid Item such that the total of all Bid Items for the project reflects the total price for completing the work in its entirety. 1.05 For any work that is agreed to be pursued on a unit price basis, a time and material basis or a cost plus basis,the Owner shall issue a Change Order,prior to Final Payment, which will reconcile actual quantities furnished and accepted with the estimated quantities originally agreed upon. 1.06 Payment of any Bid Item, in part or in full, prior to Final Payment, shall not be regarded as substantial completion or final acceptance of that item. 1.07 Prior to submitting a bid, the Contractor shall inspect the site and visually observe the area and assure that an understanding of the total scope of work was accomplished prior to submitting the bid. 1.08 Work performed beyond the Contract requirements shall be approved in writing by the Engineer and accepted by the Owner before payment may be made. Mere knowledge by the Owner or the Engineer that the Contractor has performed a task shall not constitute approval or acceptance of the task for the purpose of payment, and the Owner will not be under obligation to pay for the task. Collier County 01025-1 Measurement and Payment Landfill Leachate Deep Injection Well Section 01025 CAO 11F PART 2-MEASUREMENT 2.01 Progress payments for Lump Sum Bid Items shall be considered on a percent-completed basis. The Contractor shall estimate the value of the work performed, subject to the review and acceptance by the Engineer and Owner. 2.02 The Contractor shall submit quantities for payment, with calculations as necessary, for the Engineer's and Owner's review and approval,in accordance with the Contract Documents. 2.03 Prior to submitting his first requisition for payment, the Contractor shall secure the Engineer's and Owner's concurrence on the methods and procedures for making field measurements and the manner in which calculations will be performed in preparation of progress and final payment estimates. 2.04 Quantity estimates, field measurements, certifications, and related backup information submitted in support of payment requests will be considered by the Engineer and Owner as having been prepared by the Contractor,even when prepared by or submitted on behalf of the Contractor by others. 2.05 The value of furnished materials, for which partial progress or full payment is made during the course of the work, that remain unused at the closing of the Contract, shall be deducted from the amounts due the Contractor in the Final Payment. PART 3 -PAYMENT 3.01 BID ITEM NO. 1.01 — PREPARATION/MOBILIZATION/PERMITS/EQUIPMENT/CLEAN- UP/PERFORMANCE AND PAYMENT BONDS PREMIUM/INDEMNIFICATION - LUMP SUM PAYMENT: Mobilization of material, equipment and personnel to the project site; obtaining required permits, licenses, insurance, and bonds; submitting necessary information to the Owner, such as schedules, progress photographs, work plans, and shop drawings; demobilization of all equipment, personnel and work forces from the project site; and all other costs not specifically delineated, will be considered for payment under this Bid Item No. 1. The Contractor is alerted to the following Contract requirements that may affect the price of this Bid Item. 1. The Contractor will be responsible for providing all labor and equipment required for the project. Likewise, the Contractor will be responsible for providing all labor and equipment required for unloading or loading any unused materials off or onto vehicles. The Contractor should not assume that any Owner personnel or equipment will be available to assist in this regard. 2. The Contractor is responsible for testing of materials during installation as specified. 3. The Contractor is required to provide the on-site services of a manufacturer's representative, as specified, and to provide written documentation to the Owner certifying that the manufacturer's representative inspected all major pieces of procured equipment as required by the Specifications. Collier County 01025-2 Measurement and Payment Landfill Leachate Deep Injection Well Section 01025 CAO 11F 4. The Contractor is required to provide on-site representation during the Owner's final inspection of the work. Payment for Bid Item No. 1.01 will be paid based upon the lump sum bid price provided on the Bid Form, which shall be full compensation for all labor,equipment,tools, and advance preparation work necessary for complete construction of the project. 3.02 BID ITEM 1.02 ESTABLISH TEMPORARY ELECTRICAL POWER ON-SITE—LUMP SUM PAYMENT i. No measurement will be made for this item. ii. Payment for furnishing the equipment and materials for establishing temporary electrical power at the site shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK in accordance with the Contract Documents. This includes, but is not limited to all materials,tools, labor,equipment, supplies,permits, removal and disposal of waste or excess materials, etc. necessary to establish and maintain temporary power at the site for the duration of the project. 3.03 BID ITEM 1.03 STANDBY TIME RIG IDLE AND CREW WORKING-PER HOUR i. Measurement for payment for standby time will be based on the number of hours actually spent on standby at the direction of the ENGINEER in accordance with the Contract Documents. ii. Payment for standby time shall be at the unit price per hour indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. For all items, this includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to remain on standby in accordance with the Contract Documents. 3.04 BID ITEM 1.04 STANDBY TIME:RIG AND CREW WORKING—PER HOUR i. Measurement for payment for standby time will be based on the number of hours actually spent on standby at the direction of the ENGINEER in accordance with the Contract Documents. ii. Payment for standby time shall be at the unit price per hour indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. For all items, this includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to remain on standby in accordance with the Contract Documents. 3.05 BID ITEM 1.05 STANDBY TIME:RIG IDLE AND CREW OFF SITE—PER HOUR i. Measurement for payment for standby time will be based on the number of hours actually spent on standby at the direction of the ENGINEER in accordance with the Contract Documents. Collier County 01025-3 Measurement and Payment Landfill Leachate Deep Injection Well Section 01025 11F ii. Payment for standby time shall be at the unit price per hour indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. For all items, this includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to remain on standby in accordance with the Contract Documents. 4. 01 PAYMENT ITEMS—INJECTION WELL CONSTRUCTION No separate payment will be made for any item that is not specifically set forth in the Bid Schedule, and all costs therefore shall be included in the prices named in the Bid Schedule for the various appurtenant items of work. Payment for drilling, testing, development, and completion of injection well shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK, all in accordance with the Contract Documents. This includes, but is not limited to, all materials, transportation, fuel, labor, bits, drilling fluid, equipment, and incidentals necessary to drill, test, develop, complete, and accept the monitor well. 1. No payment shall be made for time or expenses incurred in the recovery or replacement of tools or equipment lost during the drilling phase or any other phase of the WORK. 2. No payment shall be made for time, materials, or labor costs incurred during remedial measure operations in the event the well is of unacceptable plumbness and alignment. 3. No payment shall be made for time, materials, or labor costs incurred in abandoning the well in the event the well is of unacceptable plumbness and alignment following remedial measures, or if lost tools or equipment cannot be recovered from the borehole. The costs incurred for the construction of the abandoned well shall be applied to the construction of a replacement well. 4. No payment shall be made for standby time while geophysical logging is in progress. 5. No payment shall be made for removal and reinstallation of the casing in the event that the casing cannot be landed in the correct position or at an acceptable depth. 6. No payment shall be made for equipment acquisition, set-up, or installation, or for recovery periods required by the ENGINEER to ensure thorough monitor zone development. 7. No payment shall be made for standby time during the recovery periods between pumping tests or for time spent transporting or maintaining equipment. All such costs for time and maintenance shall be included in the unit price listed in the Bid Schedule. 8. No payment shall be made for time, equipment, or materials used in a pumping test aborted due to power failure or malfunction of pumping equipment. FURNISH AND INSTALL PIT CASING- Bid Item No. 2.01 i. No measurement shall be made for this item. Collier County 01025-4 Measurement and Payment Landfill Leachate Deep Injection Well Section 01025 11F completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the pilot hole reamed, tested, accepted and ready for use as its intended purpose. FURNISH AND INSTALL 40-INCH DIAMETER CASING-Bid Item No. 2.06 i. Measurement for payment for furnishing and installing 40-inch diameter steel casing will be based on the number of linear feet of casing installed, tested, and accepted, all in accordance with the Contract Documents. ii. Payment for furnishing and installing 40-inch diameter steel casing shall be at the unit price per linear foot indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the 40-inch diameter casing installed, tested, accepted and ready for use as its intended purpose. FURNISH AND INSTALL CEMENT AND ADDITIVES IN THE ANNULAR SPACES OR PILOT HOLE- Bid Item No. 2.07 i. Measurement for payment for furnishing and emplacing the cement with up to 2% calcium chloride and 6% bentonite or other approved additives in the casing annuli or pilot hole will be based on the number on cubic feet of cement installed, tested, and accepted, all in accordance with the Contract Documents. ii. Payment for furnishing and emplacing the cement and additives in the casing annuli or pilot hole shall be at the unit price per cubic foot indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the cement installed, tested, accepted. FURNISH AND INSTALL CEMENT AND ADDITIVES IN THE ANNULAR SPACES OR PILOT HOLE OVER 9,300 CUBIC FEET- Bid Item No. 2.08 i. Measurement for payment for furnishing and emplacing the cement with up to 2% calcium chloride and 6%bentonite or other approved additives in the casing annuli or pilot hole will be based on the number on cubic feet of cement installed, tested, and accepted, all in accordance with the Contract Documents. ii. Payment for furnishing and emplacing the cement and additives in the casing annuli or pilot hole shall be at the unit price per cubic foot over 9,300 cubic feet as indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the cement installed,tested, accepted. Collier County 01025-6 Measurement and Payment Landfill Leachate Deep Injection Well Section 01025 CM) 11F ii. Payment for furnishing and installing the casing, emplacing the cement and additives in the casing annuli or pilot hole shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the cement installed, tested, accepted. DRILL PILOT HOLE AS SPECIFIED-Bid Item No. 2.02 i. Measurement for payment for drilling the pilot hole as specified from land surface to total depth will be based upon the number of linear feet of pilot hole drilled,tested, and accepted, all in accordance with the Contract Documents. ii. Payment for drilling the pilot hole as specified from land surface to total depth will be at the unit price per linear foot indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the pilot hole drilled, tested, accepted and ready for use as its intended purpose. GEOPHYSICAL LOGGING IN CASING AND REAMED HOLE-Bid Item No. 2.03 i. No measurement shall be made for this item. ii. Payment for furnishing the equipment and materials to conduct geophysical logging shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the logging performed and accepted. GEOPHYSICAL LOGGING IN PILOT HOLE-Bid Item No. 2.04 i. No measurement shall be made for this item. ii. Payment for furnishing the equipment and materials to conduct geophysical logging shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the logging performed and accepted. REAM PILOT HOLE TO NOMINAL 48-INCH DIAMETER-Bid Item No. 2.05 i. Measurement for payment for reaming of the pilot hole to a nominal 44-inch diameter will be based upon the number of linear feet of pilot hole reamed, tested, and accepted, all in accordance with the Contract Documents. ii. Payment for reaming the pilot hole to nominal 44-inch diameter shall be at the unit price per linear foot indicated in the Bid Schedule which price shall constitute full compensation for the Collier County 01025-5 Measurement and Payment Landfill Leachate Deep Injection Well Section 01025 CAO 11F CORE SAMPLES-Bid Item No. 2.09 i. Measurement for payment for collecting core samples shall be based on the number of completed cores completed and accepted, all in accordance with the Contract Documents. ii. Payment for collecting core samples shall be at the unit price per core indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. A core is defined as the full length of the core barrel. Payment will be made as a percentage of the core if 100% recovery is not attained. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary for the cores to be completed and accepted. SINGLE OR STRADDLE PACKER TESTS-Bid Item No. 2.10 i. Measurement for payment for single or straddle packer tests shall be based on the number of completed tests performed all in accordance with the Contract Documents. ii. Payment for performing single or straddle packer tests shall be at the unit price per test indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary for the single or straddle packer tests to be completed and accepted. REAM PILOT HOLE TO NOMINAL 40-INCH DIAMETER-Bid Item No. 2.11 i. Measurement for payment for reaming of the pilot hole to a nominal 44-inch diameter will be based upon the number of linear feet of pilot hole reamed, tested, and accepted, all in accordance with the Contract Documents. ii. Payment for reaming the pilot hole to nominal 44-inch diameter shall be at the unit price per linear foot indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the pilot hole reamed, tested, accepted and ready for use as its intended purpose. FURNISH AND INSTALL 30-INCH DIAMETER CASING- Bid Item No. 2.12 i. Measurement for payment for furnishing and installing 30-inch diameter steel casing will be based on the number of linear feet of casing installed, tested, and accepted, all in accordance with the Contract Documents. ii. Payment for furnishing and installing 30-inch diameter steel casing shall be at the unit price per linear foot indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of Collier County 01025-7 Measurement and Payment Landfill Leachate Deep Injection Well Section 01025 CM) 11F waste or excess materials, etc. necessary to have the 30-inch diameter casing installed, tested, accepted and ready for use as its intended purpose. TEMPORARY BRIDGE PLUG-Bid Item No. 2.13 i. No measurement shall be made for this item. ii. Payment for furnishing the bridge plug, equipment and materials to conduct install and remove the bridge plug shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to use the bridge plug as specified and for the Work to be performed and accepted. REAM PILOT HOLE TO NOMINAL 30-INCH DIAMETER-Bid Item No. 2.14 i. Measurement for payment for reaming of the pilot hole to a nominal 30-inch diameter will be based upon the number of linear feet of pilot hole reamed, tested, and accepted, all in accordance with the Contract Documents. ii. Payment for reaming the pilot hole to nominal 30-inch diameter shall be at the unit price per linear foot indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the pilot hole reamed, tested, accepted and ready for use as its intended purpose. FURNISH AND INSTALL 20-INCH DIAMETER CASING- Bid Item No. 2.15 i. Measurement for payment for furnishing and installing 20-inch diameter steel casing will be based on the number of linear feet of casing installed, tested, and accepted, all in accordance with the Contract Documents. II. Payment for furnishing and installing 20-inch diameter steel casing shall be at the unit price per linear foot indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the 20-inch diameter casing installed, tested, accepted and ready for use as its intended purpose. PRESSURE TEST ON 20-INCH DIAMETER CASING - Bid Item No. 2.16 i. No measurement shall be made for this item. ii. Payment for the pressure test in the 20-inch final steel casing, equipment and materials to complete the test shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, Collier County 01025-8 Measurement and Payment Landfill Leachate Deep Injection Well Section 01025 CAO 11F permits, removal and disposal of waste or excess materials, etc. necessary to conduct the pressure test as specified and for the Work to be performed and accepted. REAM PILOT HOLE TO NOMINAL 20-INCH DIAMETER-Bid Item No. 2.17 i. Measurement for payment for reaming of the pilot hole to a nominal 20-inch diameter will be based upon the number of linear feet of pilot hole reamed, tested and accepted, all in accordance with the Contract Documents. ii. Payment for reaming the pilot hole to nominal 20-inch diameter shall be at the unit price per linear foot indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes,but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the pilot hole reamed, tested, accepted and ready for use as its intended purpose. WELL DEVELOPMENT/SAMPLING/ANALYSIS/WATER DISPOSAL-Bid Item No. 2.18 i. No measurement shall be made for this item. ii. Payment for well development, disposal of purge formation water, water quality sampling and analytical analysis shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK and number of samples all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary for full development of the injection zone, straddle packer tests and all water quality analysis completed and accepted. VIDEO SURVEY IN 20-INCH DIAMETER CASING-Bid Item No. 2.19 i. No measurement shall be made for this item. ii. Payment for the video survey in the 20-inch final steel casing, equipment and materials to complete the test shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, water, copies of the results, permits, removal and disposal of waste or excess materials, etc. necessary to conduct the video survey as specified and for the Work to be performed and accepted. FURNISH AND INSTALL 9-5/8-INCH DIAMETER CASING-Bid Item No. 2.20 i. Measurement for payment for furnishing and installing 9-5/8-inch diameter fiberglass casing will be based on the number of linear feet of casing installed, tested, and accepted, all in accordance with the Contract Documents. ii. Payment for furnishing and installing 9-5/8-inch diameter fiberglass casing shall be at the unit price per linear foot indicated in the Bid Schedule which price shall constitute full Collier County 01025-9 Measurement and Payment Landfill Leachate Deep Injection Well Section 01025 CAO 11F compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the 6-5/8-inch diameter casing installed, tested, accepted and ready for use as its intended purpose. PRESSURE TEST ON 9-5/8-INCH DIAMETER FIBERGLASS CASING- Bid Item No. 2.21 i. No measurement shall be made for this item. ii. Payment for the pressure test in the 9-5/8-inch fiberglass casing, equipment and materials to complete the test shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to conduct the pressure test as specified and for the Work to be performed and accepted. WELLHEAD ASSEMBLY-Bid Item No. 2.22 i. No measurement shall be made for this item. ii. Payment for the wellhead assembly installation, equipment and materials to complete the work shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, wellhead components, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to conduct the work as specified and for the Work to be performed and accepted. INJECTION TEST-Bid Item No. 2.23 i. No measurement shall be made for this item. ii. Payment for the injection test, equipment and materials to complete the test shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, water supply and removal and disposal of waste or excess materials, etc. necessary to conduct the injection test as specified and for the Work to be performed and accepted. 5.01 PAYMENT ITEMS—DUAL ZONE MONITOR WELL No separate payment will be made for any item that is not specifically set forth in the Bid Schedule, and all costs therefore shall be included in the prices named in the Bid Schedule for the various appurtenant items of work. Payment for drilling,testing, development, and completion of dual zone monitor well shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK, all in accordance with the Contract Documents. This includes, but is not limited to, all materials, transportation, fuel, labor, bits, Collier County 01025-10 Measurement and Payment Landfill Leachate Deep Injection Well Section 01025 CAO 11F drilling fluid, equipment, and incidentals necessary to drill, test, develop, complete, and accept the monitor well. 1. No payment shall be made for time or expenses incurred in the recovery or replacement of tools or equipment lost during the drilling phase or any other phase of the WORK. 2. No payment shall be made for time, materials, or labor costs incurred during remedial measure operations in the event the well is of unacceptable plumbness and alignment. 3. No payment shall be made for time, materials, or labor costs incurred in abandoning the well in the event the well is of unacceptable plumbness and alignment following remedial measures, or if lost tools or equipment cannot be recovered from the borehole. The costs incurred for the construction of the abandoned well shall be applied to the construction of a replacement well. 4. No payment shall be made for standby time while geophysical logging is in progress. 5. No payment shall be made for removal and reinstallation of the casing in the event that the casing cannot be landed in the correct position or at an acceptable depth. 6. No payment shall be made for equipment acquisition, set-up, or installation, or for recovery periods required by the ENGINEER to ensure thorough monitor zone development. 7. No payment shall be made for standby time during the recovery periods between pumping tests or for time spent transporting or maintaining equipment. All such costs for time and maintenance shall be included in the unit price listed in the Bid Schedule. 8. No payment shall be made for time, equipment, or materials used in a pumping test aborted due to power failure or malfunction of pumping equipment. MOBILIZE RIG TO DUAL-ZONE MONITOR WELL- Bid Item No. 3.01 i. No measurement shall be made for this item. ii. Payment for the injection test, equipment and materials to complete the test shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, water supply and removal and disposal of waste or excess materials, etc. necessary for mobilization of material, equipment and personnel to the new project site; obtaining required permits, licenses, insurance, and bonds; submitting necessary information to the Owner, such as schedules, progress photographs, work plans, and shop drawings; demobilization of all equipment, personnel and work forces from the project site; and all other costs not specifically delineated, will be considered for payment under this Bid Item. FURNISH AND INSTALL PIT CASING-Bid Item No.3.02 i. No measurement shall be made for this item. Collier County 01025-11 Measurement and Payment Landfill Leachate Deep Injection Well Section 01025 CAO 11F ii. Payment for furnishing and installing the casing, emplacing the cement and additives in the casing annuli or pilot hole shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the cement installed,tested, accepted. DRILL PILOT HOLE AS SPECIFIED- Bid Item No.3.03 i. Measurement for payment for drilling the pilot hole as specified from land surface to total depth will be based upon the number of linear feet of pilot hole drilled, tested, and accepted, all in accordance with the Contract Documents. ii. Payment for drilling the pilot hole as specified from land surface to total depth will be at the unit price per linear foot indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the pilot hole drilled, tested, accepted and ready for use as its intended purpose. GEOPHYSICAL LOGGING IN CASING AND REAMED HOLE-Bid Item No. 3.04 i. No measurement shall be made for this item. ii. Payment for furnishing the equipment and materials to conduct geophysical logging shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the logging performed and accepted. GEOPHYSICAL LOGGING IN PILOT HOLE- Bid Item No. 3.05 i. No measurement shall be made for this item. ii. Payment for furnishing the equipment and materials to conduct geophysical logging shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the logging performed and accepted. REAM PILOT HOLE TO NOMINAL 36-INCH DIAMETER-Bid Item No. 3.06 i. Measurement for payment for reaming of the pilot hole to a nominal 36-inch diameter will be based upon the number of linear feet of pilot hole reamed, tested, and accepted, all in accordance with the Contract Documents. ii. Payment for reaming the pilot hole to nominal 36-inch diameter shall be at the unit price per linear foot indicated in the Bid Schedule which price shall constitute full compensation for Collier County 01025-12 Measurement and Payment Landfill Leachate Deep Injection Well Section 01025 CAO 11F the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the pilot hole reamed, tested, accepted and ready for use as its intended purpose. FURNISH AND INSTALL 26-INCH DIAMETER CASING-Bid Item No. 3.07 i. Measurement for payment for furnishing and installing 26-inch diameter steel casing will be based on the number of linear feet of casing installed, tested, and accepted, all in accordance with the Contract Documents. ii. Payment for furnishing and installing 26-inch diameter steel casing shall be at the unit price per linear foot indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the 26- inch diameter casing installed,tested, accepted and ready for use as its intended purpose. FURNISH AND INSTALL CEMENT AND ADDITIVES IN THE ANNULAR SPACES OR PILOT HOLE- Bid Item No. 3.08 i. Measurement for payment for furnishing and emplacing the cement with up to 2% calcium chloride and 4% bentonite or other approved additives in the casing annuli or pilot hole will be based on the number on cubic feet of cement installed, tested, and accepted, all in accordance with the Contract Documents. ii. Payment for furnishing and emplacing the cement and additives in the casing annuli or pilot hole shall be at the unit price per cubic foot indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the cement installed,tested, accepted. FURNISH AND INSTALL CEMENT AND ADDITIVES IN THE ANNULAR SPACES OR PILOT HOLE OVER 4,500 CUBIC FEET-Bid Item No. 3.09 i. Measurement for payment for furnishing and emplacing the cement with up to 2% calcium chloride and 6% bentonite or other approved additives in the casing annuli or pilot hole will be based on the number on cubic feet of cement installed, tested, and accepted, all in accordance with the Contract Documents. ii. Payment for furnishing and emplacing the cement and additives in the casing annuli or pilot hole shall be at the unit price per cubic foot over 4,500 cubic feet as indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the cement installed,tested, accepted. Collier County 01025-13 Measurement and Payment Landfill Leachate Deep Injection Well Section 01025 11F SINGLE OR STRADDLE PACKER TESTS- Bid Item No. 3.10 i. Measurement for payment for single or straddle packer tests shall be based on the number of completed tests performed all in accordance with the Contract Documents. ii. Payment for performing single or straddle packer tests shall be at the unit price per test indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary for the single or straddle packer tests to be completed and accepted. REAM PILOT HOLE TO NOMINAL 26-INCH DIAMETER-Bid Item No. 3.11 i. Measurement for payment for reaming of the pilot hole to a nominal 26-inch diameter will be based upon the number of linear feet of pilot hole reamed, tested, and accepted, all in accordance with the Contract Documents. ii. Payment for reaming the pilot hole to nominal 26-inch diameter shall be at the unit price per linear foot indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the pilot hole reamed, tested, accepted and ready for use as its intended purpose. FURNISH AND INSTALL 16-INCH DIAMETER FIBERGLASS CASING- Bid Item No. 3.12 i. Measurement for payment for furnishing and installing 16-inch diameter fiberglass casing will be based on the number of linear feet of casing installed, tested, and accepted, all in accordance with the Contract Documents. ii. Payment for furnishing and installing 16-inch diameter fiberglass casing shall be at the unit price per linear foot indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the 16- inch diameter casing installed, tested, accepted and ready for use as its intended purpose. REAM PILOT HOLE TO NOMINAL 16-INCH DIAMETER-Bid Item No. 3.13 i. Measurement for payment for reaming of the pilot hole to a nominal 16-inch diameter will be based upon the number of linear feet of pilot hole reamed, tested, and accepted, all in accordance with the Contract Documents. ii. Payment for reaming the pilot hole to nominal 16-inch diameter shall be at the unit price per linear foot indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, Collier County 01025-14 Measurement and Payment Landfill Leachate Deep Injection Well Section 01025 11F permits, removal and disposal of waste or excess materials, etc. necessary to have the pilot hole reamed, tested, accepted and ready for use as its intended purpose. FURNISH AND INSTALL 6-5/8-INCH DIAMETER FIBERGLASS CASING— Bid Item No. 3.14 i. Measurement for payment for furnishing and installing 6-5/8-inch diameter fiberglass casing will be based on the number of linear feet of casing installed, tested, and accepted, all in accordance with the Contract Documents. ii. Payment for furnishing and installing 6-5/8-inch diameter fiberglass casing shall be at the unit price per linear foot indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the 6- 5/8-inch diameter casing installed, tested, accepted and ready for use as its intended purpose. DRILLABLE BRIDGE PLUG-Bid Item No. 3.15 i. No measurement shall be made for this item. ii. Payment for furnishing the bridge plug, equipment and materials to conduct install and remove the bridge plug shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to use the bridge plug as specified and for the Work to be performed and accepted. PRESSURE TEST ON 6-5/8-INCH DIAMETER FIBERGLASS CASING-Bid Item No. 3.16 i. No measurement shall be made for this item. ii. Payment for the pressure test in the 9-5/8-inch fiberglass casing, equipment and materials to complete the test shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to conduct the pressure test as specified and for the Work to be performed and accepted. CLEAN OUT 12-1/4-INCH DIAMETER BOREHOLE Bid Item No. 3.17 i. Measurement for payment for cleaning out the pilot hole will be based upon the number of linear feet of pilot hole cleaned, and accepted, all in accordance with the Contract Documents. Collier County 01025-15 Measurement and Payment Landfill Leachate Deep Injection Well Section 01025 r': 11F ii. Payment for cleaning out the pilot hole shall be at the unit price per linear foot indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to have the pilot hole reamed, tested, accepted and ready for use as its intended purpose. WELL DEVELOPMENT/TEST/SAMPLING/ANALYSIS - Bid Item No. 3.18 i. No measurement shall be made for this item. ii. Payment for well development, monitor well zone testing, water disposal, water quality sampling and analytical analysis shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK and number of samples all in accordance with the Contract Documents. This includes, but is not limited to, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary for full development of the injection zone, straddle packer tests and all water quality analysis completed and accepted. WELLHEAD ASSEMBLIES,MEASUREMENT AND PUMPS-Bid Item No. 3.19 i. No measurement shall be made for this item. ii. Payment for the wellhead assembly installation, equipment and materials to complete the work shall be at the lump sum price indicated in the Bid Schedule which price shall constitute full compensation for the completed WORK all in accordance with the Contract Documents. This includes, but is not limited to, wellhead components, all materials, tools, labor, equipment, supplies, permits, removal and disposal of waste or excess materials, etc. necessary to conduct the work as specified and for the Work to be performed and accepted. 6.01 ALLOWANCES - Bid Item No. 4.01 Use of Allowance is by written authorization of OWNER upon request by CONTRACTOR. END OF SECTION Collier County 01025-16 Measurement and Payment Landfill Leachate Deep Injection Well Section 01025 CAO 11F SECTION 01200 PROJECT MEETINGS AND REPORTS PART 1—GENERAL 1.01 SUMMARY: This section includes the following administrative and procedural requirements: A. Project Meetings: 1. Preconstruction conference 2. Progress meetings B. Schedules and Reports: 1. Initial coordination submittals 2. Construction progress schedules 3. Schedule of Values 4. Weekly progress reports 5. Special reports 1.02 PROJECT MEETINGS: A. Pre-construction conference 1. The ENGINEER will administer a meeting within 10 days after the Effective Date of the Agreement, to review items stated in the following agenda and to establish a working understanding between the parties as to their relationships during conduct of the work. 2. Pre-construction conference shall be attended by: a) CONTRACTOR and his superintendent b) Representatives of principal Subcontractors and Suppliers c) ENGINEER and his Resident Project Representative d) OWNER or his representative e) Other affected parties determined by the OWNER 3. Suggested pre-construction agenda: a) Designation of responsible personnel b) Projected construction schedules c) Critical work sequencing d) Project coordination e) Procedures and processing of: (1) Field decisions (2) Substitutions (3) Submittals (4) Change Orders (5) Application for payment Collier County 01200-1 Project Meetings and Reports Landfill Leachate Deep Injection Well Section 01200 CAO 11F f) Procedures for testing g) Procedures for maintaining record documents h) Use of premises: (1) Office, work and storage areas (2) OWNER requirements i) Construction facilities, controls, and construction aids j) Temporary utilities k) Safety and first aid 1) Security m) Requirements of any permits obtained by the ENGINEER n) Work by others 4. Location of meeting: OWNER Administration Building or as otherwise agreed by all parties. B. Coordination Schedules: 1. ENGINEER will administer a meeting at least 10 days before submission of the first Application for Payment to finalize the initial coordination schedules requested under Article 1.03 of this Specification Section. 2. The meeting shall be attended by: a) CONTRACTOR and his superintendent b) Representatives of Principal Subcontractors and Suppliers c) ENGINEER and his Resident Project Representative d) OWNER and his representative. C. Progress meetings 1. The ENGINEER will administer a weekly meeting and at other times requested by the ENGINEER. CONTRACTOR, ENGINEER and all Subcontractors active on the site shall be represented at each meeting. CONTRACTOR may request attendance by representatives of his Suppliers and other Subcontractors, or other entities concerned with current program or involve with planning, coordination or performance of future activities. All participants in the meeting shall be familiar with the Project and authorized to conclude matters relating to the Work. 2. CONTRACTOR and each Subcontractor shall be prepared to discuss the current construction progress report, any anticipated future changes to the schedule, and advise if their current progress or future anticipated schedules are compatible with the Work. 3. If one Subcontractor is delaying another, CONTRACTOR shall direct such changes as are necessary for those involved to mutually agree on schedule changes in the best interest of construction progress. 4. The following is the suggested progress meeting agenda. This agenda may be modified upon agreement by ENGINEER,CONTRACTOR and OWNER: Collier County 01200-2 Project Meetings and Reports Landfill Leachate Deep Injection Well Section 01200 CM) 11F a) Review of construction progress since previous meeting b) Field observations, interface requirements,conflicts c) Problems which impede progress per construction schedule d) Off-site fabrication e) Delivery schedules f) Submittal schedules and status g) Site utilization h) Temporary facilities and services i) Hours of Work j) Hazards and risks k) Quality and Work standards 1) Change Orders m) Documentation of information for payment request n) Corrective measures and procedures to regain projected schedule if necessary o) Revisions to construction schedule p) Progress and schedule during succeeding week q) Review proposed changes for: (1) Effect on construction schedule and on completion date (2) Effect on other contract of the Project r) Housekeeping s) Other business. 5. Location of weekly progress meetings:onsite trailer or as agreed upon all parties. 6. Reporting: after each meeting, minutes of the meeting will be prepared and distributed by ENGINEER to each party present and other interested parties. 1.03 SCHEDULES AND REPORTS: A. Preliminary Schedules: 1. Within 10 days after the Effective Date of the Agreement, CONTRACTOR shall submit to the ENGINEER for review and acceptance: a) A preliminary progress schedule b) A preliminary schedule of values for partial pay purposes c) A preliminary schedule of submittals d) Certifications of insurance or copies of policies if not previously submitted. 2. ENGINEER will review and comment on the schedules, and upon agreement with CONTRACTOR concerning any necessary revisions,the schedules will be accepted. 3. If required by OWNER or ENGINEER,provide copies of any purchase order placed by Contractor or Subcontractors. B. Weekly Progress Reports: Collier County 01200-3 Project Meetings and Reports Landfill Leachate Deep Injection Well Section 01200 CAO 11F 1. Submit a report on actual construction progress on a weekly basis to be used during the weekly progress meetings. More frequent reports may be required should the Work fall behind the accepted schedule. 2. Weekly progress reports may consist of a marked up copies of prints made from the accepted construction progress schedule and a narrative which shall include but not be limited to the following: a) A description of the work accomplished in the previous week. Work reported complete but not readily apparent to the ENGINEER must be substantiated with supporting data. b) A description of current and anticipated delaying factors, if any c) Impact of possible delaying factors,and d) A description of the anticipated work to be accomplished in the next two weeks. C. Schedule of Values: 1. Content: a) Schedule shall list the installed value of the component parts of the Work in sufficient detail to serve as a basis for computing values for progress payments during construction. Each Work Activity shall be priced, and the total equal the Contract Total b) Follow the table of contents of these Contract Documents as the format for listing component items. (1) Identify each line item with the number and title of the respective major division or Section of the Specifications. (2) For each major line item list sub values of major products or operations under the item (3) Each item shall include a directly proportional amount of the Contractor's overhead and profit. c) The sum of all values in the schedule shall equal the total Contract Price. d) Each schedule of value monthly update shall indicate the percentage of completion for each Work Activity. The Percentage of Completion times the completed value of each work item will support the Contractor's pay request and must be submitted attached to each pay request. D. Special Reports: 1. When an event of an unusual and significant nature occurs at the site, prepare and submit a special report. List the chain of events, persons participating, response by Contractor's personnel, an evaluation of the results or effects, and similar pertinent information. Advise ENGINEER in advance when such events are known or predictable. 2. Monthly Progress Schedule report and narratives END OF SECTION Collier County 01200-4 Project Meetings and Reports Landfill Leachate Deep Injection Well Section 01200 CAO 11F SECTION 01300 SUBMITTALS PART 1 -GENERAL 1.01 SUMMARY: A. This Section includes definitions, descriptions, transmittal, and review of"Compliance" and "Miscellaneous" Submittals. 1.02 GENERAL INFORMATION: A. Definitions: 1. Compliance Submittals include shop drawings, product data, and samples which are prepared by the CONTRACTOR, Subcontractor, manufacturer, or Supplier and submitted by the CONTRACTOR to the ENGINEER as a basis for approval of the use of Equipment and Materials proposed for incorporation in the Work or needed to describe installation, operation, maintenance, or technical properties. a. Shop drawings include custom-prepared data of all types including drawings, diagrams, performance curves, material schedules, templates, instructions, and similar information not in standard printed form applicable to other projects. b. Product data includes standard printed information on materials, products and systems not custom-prepared for this Project, other than the designation of selections from available choices. c. Samples include both fabricated and unfabricated physical examples of materials, products, and Work; both as complete units and as smaller portions of units of Work; either for limited visual inspection or (where indicated) for more detailed testing and analysis. Mock-ups are a special form of samples which are too large to be handled in the specified manner for transmittal of sample Submittals. 2. Miscellaneous Submittals are those technical reports, administrative Submittals, certificates, and guarantees not defined as shop drawings, product data,or samples. a. Technical reports include laboratory reports, tests,technical procedures, technical records, CONTRACTOR'S design analysis and CONTRACTOR'S survey field notes for construction staking, before cross-sections and after cross-sections. b. Administrative Submittals are those nontechnical Submittals required by the Contract Documents or deemed necessary for administrative records. These Submittals include maintenance agreements, workmanship bonds, Project photographs, physical work records, statements of applicability, copies of industry standards, as-constructed data, security/protection/safety data, and similar type Submittals. c. Certificates and guarantees are those Submittals on Equipment and Materials where a written certificate or guarantee from the manufacturer or Supplier is called for in the Specifications. Collier County 01300-1 Submittals Landfill Leachate Deep Injection Well Section 01300 11F d. Reports as required by Contract describing CONTRACTOR'S means and methods for items such as dewatering, earth and water retaining,erosion/turbidity control, and safety plans. 3. Refer to ARTICLE 1.03 of this Part for detailed lists of documents and specific requirements. B. Quality Requirements: 1. Submittals such as shop drawings and product data shall be of the quality for legibility and reproduction purposes. Every line, character, and letter shall be clearly legible. Drawings such as reproducibles shall be useable for further reproduction to yield legible hard copy. 2. Documents submitted to the ENGINEER that do not conform to these requirements shall be subject to rejection by the ENGINEER, and upon request by ENGINEER, CONTRACTOR shall resubmit conforming documents. If conforming Submittals cannot be obtained, such documents shall be retraced, redrawn, or photographically restored as may be necessary to meet such requirements. CONTRACTOR'S (or his Subcontractor's) failure to initially satisfy the legibility quality requirements will not relieve CONTRACTOR (or his Subcontractors) from meeting the required schedule for Submittal of shop drawings and product data. C. Language and Dimensions: 1. All words and dimensional units shall be in the English language. 2. Metric dimensional unit equivalents may be stated in addition to the English units. D. Submittal Completeness: 1. Submittals shall be complete with respect to dimensions, design criteria, materials of construction, and other information specified to enable the ENGINEER to review the information effectively. 2. Where standard drawings are furnished which cover a number of variations of the general class of equipment, each such drawing shall be individually annotated to describe exactly which parts of the drawing apply to the equipment being furnished. Use hatch marks to indicate variations that do not apply to the Submittal. The use of "highlighting markers" is not an acceptable means of annotating Submittals. Such annotation shall also include proper identification of the Submittal permanently attached to the drawing. 3. Reproduction or copies of Contract Drawings or portions thereof will not be accepted as complete fabrication or erection drawings. The Contractor may use a reproduction of the ENGINEER-prepared Contract Drawings for erection drawings such as to indicate information on erection or to identify detail drawing references. Where the drawings are revised to show this additional CONTRACTOR information, the ENGINEER'S title block shall be replaced with a CONTRACTOR'S title block and the ENGINEER'S professional seal shall be removed from the drawing. The CONTRACTOR shall revise these erection drawings for subsequent ENGINEER revisions to the Contract Drawings. 1.03 COMPLIANCE SUBMITTALS: A. Items shall include, but not be limited to,the following: Collier County 01300-2 Submittals Landfill Leachate Deep Injection Well Section 01300 CAU 11F 1. Manufacturer's specifications 2. Catalogs,or parts thereof, of manufactured equipment 3. Shop fabrication and erection drawings 4. General outline drawings of equipment showing overall dimensions, location of major components, weights, and location of required building openings and floor plates 5. Detailed equipment installation drawings, showing foundation details, anchor bolt sizes and locations, baseplate sizes, location of ENGINEER'S connections, and all clearances required for erection,operation, and disassembly for maintenance. 6. Schematic diagrams for electrical items, showing external connections, terminal block numbers, internal wiring diagrams, and one-line diagrams 7. Bills of material and spare parts list 8. Instruction books and operating manuals 9. Material lists or schedules 10. Performance tests on equipment by manufacturers 11. Concrete mix design information 12. Samples and color charts 13. All drawings, catalogs or parts thereof, manufacturer's specifications and data, samples, instructions, and other information specified or necessary: a. For ENGINEER to determine that the Equipment and Materials conform with the design concept and comply with the intent of the Contract Documents. b. For the proper erection, installation, operation and maintenance of the Equipment and Materials which the ENGINEER will review for general content but not for substance. c. For the ENGINEER to determine what supports, anchorages, structural details, connections, and services are required for the Equipment and Materials, and the effects on contiguous or related structures and Equipment and Materials. B. Schedule and Log of Compliance Submittals: 1. Prepare for the ENGINEER, a schedule and log for submission of all Compliance Submittals specified or necessary for ENGINEER'S review of the use of Equipment and Materials proposed for incorporation in the Work or needed for proper installation, operation or maintenance. Submit the schedule and log with the procurement schedule and Work progress schedule. Schedule submission of all Compliance Submittals to permit review, fabrication, and delivery in time so as to not cause a delay in the Work of CONTRACTOR or his Subcontractors or any other contractors as described herein. 2. In establishing schedule for Compliance Submittals, allow 15 working days in ENGINEER'S office for reviewing original Submittals and 10 working days for reviewing resubmittals. 3. The schedule shall indicate the anticipated dates of original submission, and shall be based upon at least one resubmission of each item. Collier County 01300-3 Submittals Landfill Leachate Deep Injection Well Section 01300 0 11F 4. Schedule all Compliance Submittals required prior to fabrication or manufacture for submission within 30 days of the Notice to Proceed. Schedule Compliance Submittals pertaining to storage, installation and operation at the site for ENGINEER'S acceptance prior to delivery of the Equipment and Materials. 5. Resubmit Compliance Submittals the number of times required for ENGINEER'S "Submittal Accepted." However, any need for resubmittals in excess of the number set forth in the accepted schedule, or any other delay in obtaining acceptance of Submittals, will not be grounds for extension of the Contract Time, provided the ENGINEER completes its reviews within the times stated above. C. Transmittal of Compliance Submittals: 1. All Compliance Submittals of Equipment and Materials furnished by Subcontractors, Manufacturers, and Suppliers shall be submitted to the ENGINEER by CONTRACTOR. 2. After checking and verifying all field measurements, transmit all Compliance Submittals to the ENGINEER for acceptance as follows: a. Identify each Compliance Submittal by Submittal Number, Project name and number, Contract title and number, and the Specification Section and article number marked thereon or in the letter of transmittal. Unidentifiable Submittals will be returned for proper identification. b. Check and stamp Compliance Submittals of Subcontractors, Suppliers, and Manufacturers with CONTRACTOR'S approval prior to transmitting them to the ENGINEER. CONTRACTOR'S stamp of approval shall constitute a representation to the ENGINEER that CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, or he assumes full responsibility for doing so, and that he has coordinated each Compliance Submittal with the requirements of the Work and the Contract Documents. c. At the time of each submission, call to the attention of ENGINEER in the letter of transmittal any deviations from the requirements of the Contract Documents. d. Make all modifications noted or indicated by ENGINEER and return revised prints, copies, or samples until accepted. Direct specific attention in writing, or on revised Submittals, to changes other than the modifications called for by the ENGINEER on previous Submittals. After Submittals have been accepted, submit copies thereof for final distribution. Prints of accepted drawings transmitted for final distribution will not be further reviewed and are not to be revised. If errors are discovered during manufacture or fabrication, correct the Submittal and resubmit for review. e. Following completion of the Work and prior to final payment, furnish those Drawings necessary to indicate "as constructed" conditions, including field modifications, in the number of copies specified. Furnish additional copies for insertion in equipment instruction books as required. All such copies shall be clearly marked"AS CONSTRUCTED." f. Work requiring a Compliance Submittal shall not be commenced or shipped until the Submittal has been stamped "Submittal Accepted" or "Submittal Accepted as Noted"by the ENGINEER. Collier County 01300-4 Submittals Landfill Leachate Deep Injection Well Section 01300 11F g. Keep a copy or sample of each Compliance Submittal in good order at the site. 3. Quantity Requirements: a. Except as otherwise specified, transmit all manufacturer's or fabricator's Shop Drawings in the quantity as follows: i. Initial Submittal: Seven copies including one reproducible to ENGINEER. Two copies will be returned to CONTRACTOR. ii. Resubmittals: Seven copies including one reproducible to ENGINEER. Two copies will be returned to CONTRACTOR. iii. Submittal for Final Distribution: Four copies to ENGINEER. iv. As-Constructed Prints: Three copies including one reproducible to ENGINEER. b. Transmit Submittals of product data as follows: i. Initial Submittal: Seven copies to ENGINEER. Two copies will be returned to CONTRACTOR. ii. Resubmittals: Seven copies to ENGINEER. Two copies will be returned to CONTRACTOR. iii. Submittal for Final Distribution: Four copies to ENGINEER. c. Transmit Submittals of material Samples, color charts, and similar items as follows: i. Initial Submittal: Six to ENGINEER. ii. Resubmittal: Six to ENGINEER iii. Upon approval, one Sample will be returned to CONTRACTOR. d. Transmit Submittals of equipment instruction books as follows: i. Initial Submittal: Three copies to ENGINEER. One copy will be returned to CONTRACTOR. ii. Resubmittals: Three copies to ENGINEER. One copy will be returned to CONTRACTOR iii. Submittal for Final Distribution: Three copies to ENGINEER. e. Transmit Submittals for Reference Only: Three copies to ENGINEER. 4. Copies of the equipment contractor's erection drawings and other Compliance Submittals required for the installation of equipment furnished by others under separate contract for installation under this Contract will be transmitted to CONTRACTOR by the ENGINEER in the final distribution of such Submittals. 5. Information to Manufacturer's ENGINEER Office: Manufacturers and Suppliers of Equipment and Materials shall furnish copies of all agreements, drawings, specifications, operating instructions, correspondence, and other matters associated with this Contract to the manufacturer's ENGINEER office servicing the ENGINEER. Insofar as practicable, all business matters relative to Equipment and Materials included in this Contract shall be conducted through such local ENGINEER offices. Collier County 01300-5 Submittals Landfill Leachate Deep Injection Well Section 01300 11F D. ENGINEER'S Review: 1. The ENGINEER will review and return Compliance Submittals to CONTRACTOR with appropriate notations via ENGINEER. Instruction books and similar Submittals will be reviewed by the ENGINEER for general content but not for substance. 2. The ENGINEER'S acceptance of Compliance Submittals will not relieve CONTRACTOR from his responsibility as stated in the GENERAL TERMS & CONDITIONS. E. Compliance Submittal Action Stamp: 1. The ENGINEER'S review action stamp, appropriately completed, will appear on all Compliance Submittals of CONTRACTOR when returned by the ENGINEER. Review status designations listed on ENGINEER'S action stamp are defined as follows: a. "ACCEPTED AS SUBMITTED": Signifies Equipment or Material represented by the Submittal conforms with the design concept and complies with the intent of the Contract Documents and is acceptable for incorporation in the Work. CONTRACTOR is to proceed with fabrication or procurement of the items and with related Work. Copies of the Submittal are to be transmitted to the ENGINEER for final distribution. b. "ACCEPTED AS NOTED": Signifies Equipment and Material represented by the Submittal conforms with the design concept and complies with the intent of the Contract Documents and is acceptable for incorporation in the Work subject to the condition that as constructed it shall be in accordance with all notations and/or corrections indicated. CONTRACTOR is to proceed with fabrication or procurement of the items and with related Work in accordance with ENGINEER'S notations. c. "RETURNED FOR REVISION": Means that deviations from the requirements of the Contract Documents exist in the submittal. CONTRACTOR is to resubmit revised information responsive to ENGINEER'S annotations on the returned Submittal or written in the letter of transmittal. Fabrication or procurement of items represented by the Submittal and related Work is not to proceed until the Submittal is approved. d. "NOT ACCEPTABLE (SUBMIT ANEW)": Signifies Equipment and Material represented by the Submittal does not conform with the design concept or comply with the intent of the Contract Documents and is disapproved for use in the Work. CONTRACTOR is to submit Compliance Submittals responsive to the Contract Documents. e. "PRELIMINARY SUBMITTAL": Signifies Submittals of such preliminary nature that a determination of conformance with the design concept or compliance with the intent of the Contract Documents must be deferred until additional information is furnished. CONTRACTOR is to submit such additional information to permit layout and related activities to proceed. f. "FOR REFERENCE ONLY": Signifies Submittals which are for supplementary information only; pamphlets, general information sheets, catalog cuts, standard sheets, bulletins and similar data, all of which are useful to the ENGINEER in design, operation, or maintenance, but which by their nature do not constitute a Collier County 01300-6 Submittals Landfill Leachate Deep Injection Well Section 01300 11F basis for determining that items represented thereby conform with the design concept or comply with the intent of the Contract Documents. The ENGINEER reviews such Submittals for general content but not for substance. g. "DISTRIBUTION COPY (PREVIOUSLY ACCEPTED)": Signifies Submittals which have been previously accepted and are being distributed to CONTRACTOR, ENGINEER, Resident Project Representative, and others for coordination and construction purposes. F. Instruction Books/Operation& Maintenance Manuals: 1. Equipment instruction books and manuals shall be prepared by the manufacturer and shall include the following: a. Index and tabs b. Instructions for installation, start-up, operation, inspection, maintenance, parts lists and recommended spare parts,and data sheets showing model numbers c. Applicable drawings d. Name of contact person, phone number, and address of the nearest authorized service facility e. Attached to the above shall be a notice of the exact warranty effective dates, beginning and ending. f. All additional data specified 2. Information listed above shall be bound into hard-back binders of three-ring type. Sheet size shall be 8-1/2 x 11. Binder color shall be yellow for Electrical and Electronics and brown for Miscellaneous Equipment. Capacity shall be a minimum of 1-1/2-inch, but sufficient to contain and utilize sheets with ease. a. The following information shall be imprinted, inserted, or affixed by label on the binder front cover: i. Equipment name ii. Manufacturer's name iii. Project name iv. Contract number v. Reference to applicable Drawing No. &Technical Specifications Section b. The following information shall be imprinted, inserted, or affixed by label on the binder spine: i. Equipment name ii. Manufacturer's name iii. Project Name iv. Contract number v. Reference to applicable Drawing No. &Technical Specifications Section c. Format: The overall manual should be constructed around certain types of structures or equipment in the project, and not merely assembled by technical Collier County 01300-7 Submittals Landfill Leachate Deep Injection Well Section 01300 11F specification section, so that all pertinent data needed by personnel to operate or maintain the equipment or structure is in one binder (as far as is practical). The CONTRACTOR shall coordinate with the ENGINEER as to how the manuals are to be assembled. G. Samples: 1. Office samples shall be of sufficient size and quantity to clearly illustrate the following: a. Functional characteristics of the product, with integrally related parts and attachment devices b. Full range of color,texture, and pattern 1.04 MISCELLANEOUS SUBMITTALS: A. Miscellaneous Submittals are comprised of technical reports, administrative Submittals, and guarantees which relate to the Work, but do not require ENGINEER'S approval prior to proceeding with the Work. Miscellaneous Submittals may include but are not limited to (at ENGINEER'S discretion): 1. Welder qualification tests 2. Welding procedure qualification tests 3. X-ray and radiographic reports 4. Field test reports 5. Concrete cylinder test reports 6. Certification on Materials: a. Steel mill tests b. Paint lab tests c. Cement tests 7. Soil test reports 8. Temperature records 9. Shipping or packing lists 10. Job progress schedules 11. Equipment and Material delivery schedules 12. Progress photographs 13. Warranties and guarantees 14. Fire protection and hydraulic calculations 15. Surveying field notes 16. Pump tests 17. Traffic control plan B. Transmittal of Miscellaneous Submittals: Collier County 01300-8 Submittals Landfill Leachate Deep Injection Well Section 01300 11F 1. All Miscellaneous Submittals furnished by Subcontractors, manufacturers, and Suppliers shall be submitted to ENGINEER by CONTRACTOR unless otherwise specified. a. Identify each miscellaneous Submittal by Project name and number, Contract title and number, and the specification section and article number marked thereon or in the letter of transmittal. Unidentifiable Submittals will be returned for proper identification. b. At the time of each submission, call to the attention of the ENGINEER in the letter of transmittal any deviations from the requirements of the Contract Documents. 2. Quantity Requirements: a. Technical reports and administrative Submittals except as otherwise specified: Four copies to ENGINEER b. Written Certificates and Guarantees: Two copies to ENGINEER 3. Test Reports: a. Responsibilities of CONTRACTOR and ENGINEER regarding tests and inspections of Equipment and Materials and completed Work are set forth elsewhere in these Contract Documents. b. The party specified responsible for testing or inspection shall in each case, unless otherwise specified, arrange for the testing laboratory or reporting agency to distribute test reports as follows: i. ENGINEER: Two copies ii. Resident Project Representative: One copy iii. CONTRACTOR: Two copies iv. Manufacturer or supplier: One copy C. ENGINEER'S Review: 1. ENGINEER will review Miscellaneous Submittals for indications of Work or material deficiencies. 2. ENGINEER will respond to CONTRACTOR on those Miscellaneous Submittals which indicate Work or material deficiency. PART 2 -PRODUCTS(Not applicable) PART 3 -EXECUTION 3.01 SUBMITTAL LOG: CONTRACTOR shall maintain an accurate Submittal Log and a Distribution List for the duration of the Work, showing current status of all Submittals and Distributees at all times in a form acceptable to the ENGINEER. CONTRACTOR shall make the Submittal Log available to the ENGINEER for its review on request, and shall bring a copy of the Submittal Log to all Progress Meetings. END OF SECTION Collier County 01300-9 Submittals Landfill Leachate Deep Injection Well Section 01300 0 1 1 F ' 0 DATE(MM/DD/YYYY) A`�o CERTIFICATE OF LIABILITY INSURANCE 09/03/2019 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Heather Riles NAME: Johnson&Company (PAHONrE Ext). (407)843-1120 (Alc,No): (407)843-5772 801 N Orange Avenue E-M less: hriles@johnsonandcompany.net Suite 510 INSURER(S)AFFORDING COVERAGE NAIC H Orlando FL 32801 INSURER A: American Zurich Insurance Co 40142 INSUREDINSURER B: American Guarantee&Liab Ins 26247 YOUNGQUIST BROTHERS,INC. INSURER C: AIG Specialty Insurance Company 26883 15465 PINE RIDGE ROAD INSURER D: INSURER E: FORT MYERS FL 33908 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1810413568 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. ILTR TYPE OF INSURANCE INSO wvoSUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS INSD WYD tMMlDD/YYYY) (M MlDDlYYYY) X COMMERCIAL GENERAL LIABILITY FACH OCCURRENCE S 1,000,000 • CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) S 300,000 X XCU Coverage IncludedMED EXP(Any one person) $ 10,000 A X Contractual Y GL04275188-15 11/01/2018 11/01/2019 PERSONAL aADVINJURY 5 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE _ $ 2,000,000 POLICY X INT I Xl LOCPRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) 5 B OWNED SCHEDULED Y BAP 9377305-15 11/01/2018 11/01/2019 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE - $X AUTOS ONLY X AUTOS ONLY (Per accident) PIP-Basic $ 10,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCES 10,000,000 B EXCESS LIAB CLAIMS-MADE Y AUC 6478294 11/01/2018 11/01/2019 AGGREGATE $ 10,000,000 DED X RETENTION S 10,000 5 WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN PERH STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 5 If yes,describe under DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT 5 $1,000,000 Each Loss Pollution Liability C CPL 16587672 01/14/2019 01/14/2020 $3,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:YBI#019-10-063-Collier County Landfill and for any and all work performed on behalf of Collier County. Collier County Board of County Commissioners,OR,Board of County Commissioners in Collier County,OR,Collier County Government,OR,Collier County included as an additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by writtten contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E. AUTHORIZED REPRESENTATIVE Naples FL 34112P‘----- , I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 11F DATE(MM/DD/YYYY) ACCP o CERTIFICATE OF LIABILITY INSURANCE 9//042019 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 239-560-4306 CONTACT Fox Insurance, LLC Fox Insurance, LLC HC.ONNo.Exn: 239-5604306 FAX (A/C, 14788 Calusa Palms Drive n DRRss:ellen@foxinsurancellc.com #103 INSURER(S)AFFORDING COVERAGE NAIC# Fort Myers, FL 33919 INSURERA: New York Marine & General Insurance 16608 INSURED 239-489-4444 239-489-4545 INSURER B: YOUNGQUIST BROTHERS, INC. INSURERC: 15465 Pine Ridge Road INSURERD: Fort Myers, FL 33908 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE NSD SWVD POLICY NUMBER (MM/DD//YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDAMAGE _ $ CLAIMS-MADE OCCUR PREM SESO(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Excess Workers WC2018EPP00160 11/01/2018 11/01/2019 Spec Excess Limit Statutory A Compensation and Employers E.Liabilty Limis:$1,000,000 Liability Specific Retention:$500,000. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) YBI #019-10-063 - Collier County Landfill. For any and all work performed on behalf of Collier County. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail E. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN NAPLES, FLORIDA 34112 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /r/(- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 11F Additional Insured -.Automatic - Owners, Lessees Or ZURICH Contractors LPolioy No. Elf, Dale of Poi, Exp. Date of Poi, Elf.Date of End. Producer No. Addl.Pram Return Prem. 04275188 1.511/1/2018 11/01/2019 11/1/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NamedInsured;" Youngquist Brothers, Inc. Address(including ZIP Code): 15465 Pine Ridge Rd. Fort Myers, FL 33908 This endorsement modifies Insurance provided under the: Commercial General Liability Coverage Part A. Section Ii.-Who is An Insured Is amended to Include es an additional insured any person or organization whom you are required to add as an additional Insured on this policy under a written contract or written agreement.Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or In part,by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or"your work" as included In the "products-completed operations hazard",whioh Is the subject of the written contract or written agreement. However,the Insurance afforded to such additional insured: 1. Only applies to the extent permitted by law;and 2. WIII not be broader than that which you are required by the written contract or written agreement to provide for such additional Insured, 8, With respect to the insurance afforded to these additional Insureds,the following additional exclusion applies: This insurance does not apply to; "Bodily Injury","property damage" or"personal and advertising Injury'arising out of the rendering of, or failure to render,any professional architectural,engineering or surveying services Including: a. The preparing, approving or falling to prepare or approve maps,shop drawings, opinions,reports, surveys, field orders,change orders or drawings and specifications;or b, Supervisory,Inspection,arohiteolural or engineering activities. This exclusion applies oven If the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U•GL-1175.PCW(04/13) Rego i oft includesoopyrlghted malarial of insurance 5eryleen Mica,Inn.,with tispermission. • � t � r 4 F C. The following Is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV— Commeroial General Liability Conditions: The additional Insured must see to it that: 1. We are notified as soon as practicable of an"occurrence" or offense that may result In a claim; 2. We receive written notice of a claim or"suit"as soon as practicable;and 3. A request for defense and indemnity of the claim or"suit"will promptly be brought against any policy Issued by another Insurer under which the additional Insured may be an Insured in any capacity. This provision does not apply to Insurance on which the additional Insured is a Named Insured if the written contract or written agreement requires that this coverage he primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following Is added to the Other Insurance Condition of Section IV--Commercial General Liability Conditions; Primary and Noncontributory Insurance This insurance Is primary to and will not seek contribution from any other insurance available to an addlttonel Insured provided that: a. The additional insured Is a Named Insured under such other insurance;and b. You are required by written contract or written agreement that this Insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph Is added to Paragraph 4.b.of the Other Insurance Condition of Section 1V--Commercial General Liability Conditions; This Insurance is excess over: Any of the other Insurance, whether primary,excess, contingent or on any other basis, available to an additional Insured, in which the additional Insured on our policy is also covered as an additional Insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional Insured Is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional Insured which has been added to this policy by an endorsement showing the additional insured In a Schedule of additional Insureds, and which endorsement applies specifically to that identified additional Insured. P. With respect to the Insurance afforded to the additional insureds under this endorsement,the following Is added to Section III—Limits Of insurance: The most we wilt pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced In Paragraph A. of this endorsement;or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever Is less, This endorsement shall not increase the applicable Limits of Insurance shown In the Declarations. Afl other terms and oondtlions of this policy remain unchanged. Uv1.117e OW(e4/i$) Page 2of2 Includes copyrighted material of Insurance Services Office,Mo.,with Its permission. fI f 11F POLICY NUMBER: BAP 9377305-15 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POUJCY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided Ander the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are"insureds"under the Who Is An In- sured Provision of the Coverage Form.This endorsement does not alter coverage provided in the Cov- erage Form. This endorsement changes the policy effective on the inception date of the policyunless another date is indicated below. Endorsement Effective: 11/1/2018 Countersigned By. Named Insured: OZ. Youngquist Brothers, Inc. ' (Authorized Representative) SCHEDULE Name of Persons)or Organization(s): ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED, THROUGH WRITTEN CONTRACT, AGREEMENT OR PERMIT, EXECUTED PRIOR TO THE LOSS, TO PROVIDE ADDITIONAL INSURED COVERAGE. (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is an"insured"for Liability Coverage,but only to the extent that person or organization qualifies as an"insured"under the Who Is An Insured Provision con- tained in Sectlonll of the Coverage Form. CA 20 48 02 99 Copyright,Insurance Services Office,Inc., 1998 Page 1 of 1 ❑