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Agenda 11/12/2019 Item #11D (Contract #19-7655 Florida Dredge and Dock, LLC)11/12/2019 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid No. 19-7655 to Florida Dredge and Dock LLC in the amount of $2,351,000 for the dredging of Water Turkey Bay, Wiggins Pass and Caxambas Pass for the Marco South beach renourishment, authorize necessary budget amendments, authorize the Chairman to execute the attached Agreement, and make a finding that this item promotes tourism. OBJECTIVE: To proceed with the dredging of Water Turkey Bay, Wiggins Pass, and Caxambas Pass for the Marco South beach renourishment. CONSIDERATIONS: Staff is asking that funding and that an award for Invitation to Bid (“ITB”) No. 19-7655 be approved for the dredging of Water Turkey Bay, Wiggins Pass, and Caxambas Pass for the Marco South beach renourishment. These three dredging events are combined under one project to save mobilization costs. On August 14, 2019, the Procurement Services Division posted ITB No. 19 -7655 for construction of the 2019 Collier County Dredging Projects. The County issued 3,884 notices, and Seventy-Three (73) bid packages were viewed. On September 5, 2019, the County received seven (7) responses, as summarized below: Company Name City County ST Base Bid Responsive/ Responsible Waterfront Property Services, LLC dba Gator Dredging Clearwater Pinellas FL $1,987,650 Yes/NO Atlantic & Gulf Dredging & Marine LLC Indiantown Martin $2,294,150 NO/Yes Florida Dredge and Dock LLC Tarpon Springs Pinellas FL $2,351,000 Yes/Yes Ferreira Construction Southern Division Co, Inc Hobe Sound Martin FL $2,573,245 Yes/Yes Cavache, Inc Pompano Beach Broward FL $3,880,400 Yes/Yes Manson Construction Jacksonville Duval FL NO BID NO BID Coastal Dredging Company, Inc Hammond Tangipahoa Parish LA NO BID NO BID Staff reviewed the bids received. Waterfront Properties Services, LLC dba Gator Dredging was deemed non-responsible as the references provided were not of work as a similar scope and magnitude. Staff also noted concerns regarding experience, operational history, and demonstrated results. Atlantic & Gulf Dredging & Marine was deemed non-responsive for failing to submit grant related forms. Manson Construction submitted a no bid citing “insufficient budget.” Florida Dredge and Dock LLC is the lowest responsive and responsible bidder. The $2,793,750 Opinion of Probable Costs (OPC) provided by Humiston & Moore, the Engineer of Record (EOR) is 16% higher than the $2,351,000 bid provided Florida Dredge and Dock (FD&D), the lowest Responsive and Responsible bidder. FD&D is the recommended bidder for th is project. The OPC provides an estimate of the project costs based on the information available at the time of documents issuance. Actual project costs are in part dependent on the contractor’s workload, methodology, project timing, availability of equipment and mobilization expenses. 11.D Packet Pg. 361 11/12/2019 Staff, therefore, recommends that the contract be awarded to Florida Dredge and Dock LLC, the lowest responsive and responsible bidder for the contract amount of $2,351,000. ADVISORY COMMITTEE RECOMMENDATIONS: Staff is recommending approval of the item. At the October 10, 2019, Coastal Advisory Committee meeting this item was unanimously recommended for approval by a six to 0 vote. At the October 28, 2019 Tourist Development Council meeting this item was unanimously recommend for approval by a 9 to 0 vote. At a regular meeting of the Vanderbilt Waterway Advisory Committee on Oct 25, 2019, the committee, by a vote of 4-0, recommended approval of an amount up to $630,000 to cover an allocated part of item 1 and all of Items 2-5 on the bid tab for work within the boundaries of the MSTU and for work associated with dredging the Vanderbilt Waterway south to north from Bluebill Ave to Wiggins Pass. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. FISCAL IMPACT: The total proposed bid award is $2,351,000. Under the proposed award the cost for the Wiggins Pass dredge is $192,475 and the Caxambas Pass dredge/South Marco renourishment work is $1,530,775. Funding for these projects is provided in Tourist Development Tax supported Beach Renourishment Fund (195), Project No. 90071, and 80288. Partial reimbursement for this work will be requested from FDEP’s Local Government Funding Program. The cost for the Water Turkey Bay dredge work is $627,750 and is budgeted in Vanderbilt Waterways MSTU Fund (168). Cash flow for this portion of the work is provided by a loan from the General Fund with repayment provided through an annual MSTU ad valorem tax levy. Staff recommends that the interest rate charged on the General Fund loan be equal to the rate of return on the County investment portfolio over the period of the loan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: To award Invitation to Bid No. 19-7655 2019 Collier County Dredging Projects to Florida Dredge and Dock LLC in the amount of $2,351,000, authorize necessary budget amendments, authorize the Chairman to execute the attached Agreement, and make a finding that this item promotes tourism (Project No. 90071 and 80288). Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. 2019-11-05 OPC Letter to County (PDF) 2. [LINKED]19-7655 FloridaDredge_CONTRACT_VendorSignedwbonds (PDF) 3. 19-7655 FloridaDredge_Insurance (PDF) 4. 19-7655 - Bid Tabulation R1 (PDF) 5. 19-7655 - DELORA - Florida Dredge and Dock LLC Reference Review (002) (PDF) 6. 19-7655 - DELORA - Gator Dredge Reference Review (002) (PDF) 7. 19-7655 - NORA - Executed (PDF) 8. BA Fund 195 90071 to 80288 (PDF) 11.D Packet Pg. 362 11/12/2019 COLLIER COUNTY Board of County Commissioners Item Number: 11.D Doc ID: 10337 Item Summary: Recommendation to award Invitation to Bid No. 19-7655 to Florida Dredge and Dock LLC in the amount of $2,351,000 for the dredging of Water Turkey Bay, Wiggins Pass and Caxambas Pass for the Marco South beach renourishment, authorize necessary budget amendments, authorize the Chairman to execute the attached Agreement, and make a fin ding that this item promotes tourism. (Gary McAlpin, Coastal Zone Manager, Capital Project Planning, Impact Fees and Program Management) Meeting Date: 11/12/2019 Prepared by: Title: Accountant – Capital Project Planning, Impact Fees, and Program Management Name: Gail Hambright 10/10/2019 8:37 AM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 10/10/2019 8:37 AM Approved By: Review: Zoning Gary McAlpin Additional Reviewer Completed 10/10/2019 9:04 AM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 10/10/2019 3:14 PM Board of County Commissioners Jim Flanagan Additional Reviewer Completed 10/11/2019 2:27 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 10/14/2019 8:44 AM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 10/15/2019 1:49 PM Procurement Services Priscilla Doria Additional Reviewer Completed 10/16/2019 10:17 AM Procurement Services Ted Coyman Additional Reviewer Completed 10/17/2019 1:53 PM Growth Management Operations Support Heather Meyer Additional Reviewer Completed 10/21/2019 10:18 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 10/22/2019 10:13 AM Growth Management Department Gail Hambright Deputy Department Head Review Skipped 10/10/2019 8:38 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 10/23/2019 10:34 AM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 10/23/2019 3:49 PM Grants Erica Robinson Level 2 Grants Review Completed 10/24/2019 8:33 AM Grants Carrie Kurutz Additional Reviewer Completed 10/24/2019 2:15 PM 11.D Packet Pg. 363 11/12/2019 County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/24/2019 2:44 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/24/2019 4:54 PM Budget and Management Office Valerie Fleming Additional Reviewer Skipped 10/29/2019 2:04 PM Public Transit & Neighborhood Enhancement Michelle Arnold Additional Reviewer Completed 10/29/2019 4:53 PM Budget and Management Office Ed Finn Additional Reviewer Completed 10/30/2019 1:16 PM Grants Therese Stanley Additional Reviewer Completed 11/04/2019 9:43 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/05/2019 4:11 PM Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM 11.D Packet Pg. 364 Page 1 of 2 November 5, 2019 Gary McAlpin, Manager Coastal Zone Management Collier County Government 2685 South Horseshoe Drive Unit 103 Naples, FL 34104 Re: Collier County Dredging Projects; Bid No. 19‐7655 Engineer’s Opinion of Probable Costs and Review of Bidders References Dear Mr. McAlpin, Humiston & Moore Engineers (HM), as Engineer of Record for the above reference project, has provided an Opinion of Probable Cost (OPC) and reviews of the references provided as part of the bid response from Waterfront Property Services, LLC d.b.a. Gator Dredging (Gator Dredging), and Florida Dredge and Dock LLC (FD&D) dated September 2019. The table below shows the OPC versus the bids from Gator Dredging and FD&D. Opinion of Probable Costs: $ 2,793,750* Gator Dredging Bid Total: $ 1,987,650 FD&D Bid Total: $ 2,347,000 *Excluding 10% contingency. The OPC dated July 29, 2019 provides an estimate of the project costs based on the information available at the time of documents issuance. Actual project costs are in part dependent on the contractor’s workload and methodology used to complete the work, both highly variable factors, pending project timing and availability of equipment. Mobilization costs will vary widely pending the location of the dredge immediately prior to the project, and the contractor’s schedule have significant effects on the bid. Other unresolved factors such as the quantity and methodology for the shell removal from the Caxambas Pass borrow area, and permit issues at the time the OPC was drafted, increase the potential costs. The $2.79M estimated project costs is 16% higher than the $2.35M bid by FD&D, the recommended bidder for this project. The vendors provided by Gator Dredging as part of their bid were contacted and a summary letter was submitted to the Procurement Services Division on September 16, 2019. There were both positive recommendations as well as vendors who had expressed concerns. The positive recommendations included muck removal of an internal waterway as well as smaller marina maintenance dredging projects. The three combined projects under this bid require careful scheduling and performance under tight regulatory controls in the coastal environment for protection of seagrasses and marine turtle and shorebird habitat. Also required is the demonstrated ability and experience in dredging and 5679 STRAND COURT NAPLES, FLORIDA 34110 FAX: 239 594 2025 PHONE: 239 594 2021 11.D.1 Packet Pg. 365 Attachment: 2019-11-05 OPC Letter to County (10337 : #19-7655 Collier County Dredging Projects) Page 2 of 2 working within the physical limitations along the open coast including tidal inlets such as Wiggins Pass in north Collier County and Caxambas Pass at the south end of Marco Island. Based on the type of work presented as part of the bid response by Gator Dredging, there is a concern with lack of specific representative project experience similar to the work required under this project. Additionally, due to concerns of project performance and management presented by Collier County, Charlotte County, and specifically the City of Marco Director of Public Works, where a portion of this Work is to be conducted, Gator was not recommended for this project and deemed non‐responsible. The vendors provided by FD&D as part of their bid were contacted and a summary letter was submitted to the Procurement Services Division on September 19, 2019. The first project listed in the references, Honeymoon Island and Restoration Project, is similar to the work proposed for this Collier County project. The $4.3M Honeymoon Island Restoration Project included hydraulic dredging and sand placement on the beach along the Gulf of Mexico in similar conditions and under similar permit conditions to the County’s project. All references contacted had positive comments regarding the work conducted by FD&D, and there were no issues or concerns expressed. Furthermore, all the work was completed on‐time and on‐budget according to the contacts provided. Based on the type of work presented, particularly the Honeymoon Island Project, and the positive response from all of the references provided: Selection of Florida Dredge & Dock LLC was recommended for the Collier County Dredging Projects; Bid No. 19‐7655. Should you have any questions regarding this recommendation, please contact us. Sincerely, Brett D. Moore, P.E., D.CE. President 11.D.1 Packet Pg. 366 Attachment: 2019-11-05 OPC Letter to County (10337 : #19-7655 Collier County Dredging Projects) 11.D.3 Packet Pg. 367 Attachment: 19-7655 FloridaDredge_Insurance (10337 : #19-7655 Collier County Dredging Projects) Project #:19-7655 Procurement Strategist:Jim Flanagan Notices Sent:3883 Project Title:2019 Collier County Dredging Projects Project Manager:Gary McAlpin Packages Viewed:94 Bid Due Date:September 12, 2019 @ 3:00 pm Clinton Perryman Bid Responses:7 WATER TURKEY BAY & WIGGINS PASS DREDGE; AND SOUTH MARCO BEACH BID TABULATION BIDDER: Atlantic & Gulf Dredging & Marine LLC Florida Dredge & Dock LLC Ferreira Construction Southern Division C Cavache, Inc.Manson Construction Coastal Dredging Company Inc ENGINEERS ESTIMATE Item Item Estimated Unit Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total No.Description Quantity Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost 1 Mobilization and Demobilization 1 Job $685,000.00 $685,000.00 $1,100,000.00 $1,100,000.00 $250,000.00 $250,000.00 $813,500.20 $813,500.20 $798,000.00 $798,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 A Mobilization and Demobilization (1)$685,000.00 $1,100,000.00 $250,000.00 $813,500.20 $798,000.00 $0.00 $0.00 $0.00 2 Dredge Water Turkey Bay Channel 27,000 CY $11.00 $297,000.00 $13.20 $356,400.00 $18.00 $486,000.00 $22.85 $616,950.00 $22.20 $599,400.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 with Nearshore Disposal (see note I) 3 Daymarker Removal & Installation (see note II)10 Each $300.00 $3,000.00 $1,500.00 $15,000.00 $1,000.00 $10,000.00 $1,275.00 $12,750.00 $3,100.00 $31,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 Environmental Control including Turbidity Testing 1 LS $50,000.00 $50,000.00 $40,000.00 $40,000.00 $50,000.00 $50,000.00 $18,840.10 $18,840.10 $39,000.00 $39,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 (see note III) 5 Construction Surveys (Pre, Post and Interim) 1 LS $45,000.00 $45,000.00 $10,000.00 $10,000.00 $15,000.00 $15,000.00 $20,647.15 $20,647.15 $9,000.00 $9,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 (see note IV) B Sub-Total for Water Turkey Bay Dredge (2-5):$395,000.00 $421,400.00 $561,000.00 $669,187.25 $678,400.00 $0.00 $0.00 $0.00 6 Dredge Wiggins Pass Channel 15,000 CY $14.00 $210,000.00 $7.75 $116,250.00 $10.00 $150,000.00 $9.85 $147,750.00 $30.20 $453,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 with Nearshore Disposal (See Note I) 7 Daymarker Removal & Installation (See Note II)2 Each $500.00 $1,000.00 $1,500.00 $3,000.00 $1,000.00 $2,000.00 $1,275.00 $2,550.00 $4,100.00 $8,200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 8 Environmental Control including Turbidity Testing 1 LS $25,000.00 $25,000.00 $50,000.00 $50,000.00 $15,000.00 $15,000.00 $4,957.90 $4,957.90 $15,100.00 $15,100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 9 Construction Surveys (Pre, Post and Interim)1 LS $35,000.00 $35,000.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $15,737.60 $15,737.60 $9,000.00 $9,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 (see note IV) C Total for Wiggins Pass Dredge (6-9):$271,000.00 $179,250.00 $172,000.00 $170,995.50 $485,300.00 $0.00 $0.00 $0.00 10 Dredge Caxambas Pass with Sand Placed 85,000 CY $5.95 $505,750.00 $6.40 $544,000.00 $15.00 $1,275,000.00 $8.70 $739,500.00 $21.10 $1,793,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 on South Marco Island Beach (See Note I & V) 11 Daymarker Removal & Installation (See Note II)3 Each $300.00 $900.00 $1,500.00 $4,500.00 $1,000.00 $3,000.00 $1,275.00 $3,825.00 $4,100.00 $12,300.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 12 Environmental Control including Turbidity Testing 1 LS $50,000.00 $50,000.00 $20,500.00 $20,500.00 $50,000.00 $50,000.00 $14,223.00 $14,223.00 $62,300.00 $62,300.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 13 Construction Surveys (Pre, Post and Interim)1 LS $45,000.00 $45,000.00 $12,000.00 $12,000.00 $15,000.00 $15,000.00 $30,072.65 $30,072.65 $13,500.00 $13,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 14 Final Tilling and Grading (See Note V)1 LS $15,000.00 $15,000.00 $7,500.00 $7,500.00 $20,000.00 $20,000.00 $120,182.55 $120,182.55 $29,200.00 $29,200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 15 Restoration of Construction Access 1 LS $20,000.00 $20,000.00 $5,000.00 $5,000.00 $1,000.00 $5,000.00 $11,758.85 $11,758.85 $7,900.00 $7,900.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 D Total for South Marco Nourishment (10-15):$636,650.00 $593,500.00 $1,368,000.00 $919,562.05 $1,918,700.00 $0.00 $0.00 $0.00 E Project Total (A+B+C+D):$1,987,650.00 $2,294,150.00 $2,351,000.00 $2,573,245.00 $3,880,400.00 $0.00 $0.00 $0.00 $1,987,650.00 $2,294,150.00 $2,351,000.00 $2,573,245.00 $3,880,400.00 No Bid No Bid Notes: Bids Opened by:Jim Flanagan Witnessed by:Sue Zimmerman BID SCHEDULE Y Y Y Y Y BID RESPONSE FORMS Bid Response Form (Form 1)Y Y Y Y Y Exhibit N - Contractors Key Personnel (Form 2)Y Y Y Y Y Material Manufacturers (Form 3)Y Y Y Y Y List of Major Subcontractors (Form 4)Y y Y Y Y Statement of Experience of Bidder (Form 5)Y Y 3 references Y Y Y Trench Safety Act Acknowledgement (Form 6)Y Y Y Y Y Bid Bond (Form 7)Y Y Y Y Y AIA Bid Form Insurance and Bonding Requirements (Form 8)Y Y Y Y Y review COI Conflict of Interest Affidavit (Form 9)Y Y Y Y Y Vendor Declaration Statement (Form 10)Y Y Y Y Y Immigration Affidavit Certification (Form 11)Y Y Y Y Y Vendor Substitute W-9 (Form 12)Y Y Y Y Y Bidders Checklist (Form 13)Y Y Y Y Y Business Tax Receipt n/a n/a n/a n/a n/a Addendums Y Y Y Y Y E-Verify Y Y Y Y Y GRANT REQUIRED BID FORMS Acknowledgement of Grant Terms and Conditions (Exhibit I-10)Y N Y Y Y Certification Regarding Debarment, Suspension, Ineligibility (Exhibit I-11)Y N Y Y Y Anticipated Disadvantaged/Minority/Women or Veteran Participation Stateme Y N Y Y Y Bid Opportunity List (Exhibit I-13)Y N Y Y Y Lobbying Certification (Exhibit I-14)Y N Y Y Y Conflict of Interest (Exhibit I-15)Y N Y Y Y Strategist to Confirm Registration with Florida DBPR on-line Y Y Y Y Y Strategist to Confirm License on-line Y Y current, inactive,John Atkins Yaksh y Y Y Strategist to Confirm Bonding and Insurance Requirements Strategist to Confrm all forms completed and signed Y N Y Y Y Place of Business;Clearwater FL Indiantown FL Tarpon Springs, FL Hobe Sound, FL Pompano Beach, FL County Panellis Martin Pinellas Martin Broward Waterfront Property Services, LLC dba Gator Dredging III. Includes the installation of turbidity curtain as described in the plans and specifications. IV. Pre & Post-construction surveys of the disposal area for Wiggins Pass and Water Turkey Bay can be combined. V. Includes measures to ensure sand placed on the beach greater than 0.5" diameter does not exceed 5% through the use of screen boxes, raking, and/or other means as determined by the contractor. (Ref. Technical Spec. 11.4) I. Quantity is estimated; final quantity based on results of the pre-construction survey. II. If daymarker removal is necessary; costs include the removal of daymarker(s) replaced with new materials. 11.D.4 Packet Pg. 368 Attachment: 19-7655 - Bid Tabulation R1 (10337 : #19-7655 Collier County Dredging Projects) September 19, 2019 Jim Flanagan, Procurement Strategist Procurement Services Division 3295 Tamiami Trail East, Bldg C2, Naples Florida 34112 Re: Collier County Dredging Projects; Bid No. 19‐7655 Florida Dredge & Dock LLC Dear Mr. Flanagan, Humiston & Moore Engineers, as Engineer of Record for the above reference project, has completed a review of the references provided as part of the Bid Response from Florida Dredge & Dock LLC. Attached are the completed Vendor Reference Check Logs for referenced projects. Only five of the six references provided were contacted because one reference, Jon Armbruster for the Eau Gaille River Restoration Project, was said to be out on medical leave. All of the other five references were contacted. The three combined projects under this Bid require careful scheduling and performance under tight regulatory controls for protection of seagrasses and marine turtle and shorebird habitat. Also required is the demonstrated ability and experience in dredging within the physical limitations including tidal inlets such as Wiggins Pass and Caxambas Pass and direct beach construction and management on Marco Island. The first project listed in the references, Honeymoon Island and Restoration Project, is similar to the work proposed for this Collier County project. The $4.3M Honeymoon Island Restoration Project included hydraulic dredging and sand placement on the beach along the Gulf of Mexico in similar conditions and under similar permit conditions to the County’s project. All references contacted had positive comments regarding the work conducted by FD&D and there were no issues or concerns expressed. Furthermore, all the work was completed on‐time and on‐budget according to the contacts provided. Based on the type of work presented, particularly the Honeymoon Island Project, and the positive response from all of the references provided: Selection of Florida Dredge & Dock LLC is recommended for the Collier County Dredging Projects; Bid No. 19‐7655. Should you have any questions regarding this recommendation, please contact us. Sincerely, Brett D. Moore, P.E., D.CE. 5679 STRAND COURT NAPLES, FLORIDA 34110 FAX: 239 594 2025 PHONE: 239 594 2021 11.D.5 Packet Pg. 369 Attachment: 19-7655 - DELORA - Florida Dredge and Dock LLC Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) VENDOR REFERENCE CHECK LOG Solicitation No.: 19‐7655 Reference Check by: Steve Foge Solicitation Title: 2019 Collier Dredge Project Date: 9/18/2019 Bidder’s Name: Florida Dredge & Dock Phone: 727‐942‐7888 Design Entity: H&M Engineers REFERENCED PROJECT: Project Name: Honeymoon Island Restoration Project Location: Pinellas County Project Description: Dredging/Beach restoration and construction of groins Completion Date: 3/2016 Contract Value: $ 4.3M Project Owner/Title: Pinellas County Owner’s Address: Phone: 727‐464‐8885 Owner’s Contact Person: Brain Mowry E‐Mail: 1. Was the project timely and within budget? Yes, maybe even under budget according to Brian. The project involved hydraulic dredging, placement of sand on the beach to grade, and construction of t‐groins. 2. Was the submittal/review process performed satisfactorily? N/A 3. Was the construction process performed satisfactorily? Yes. 4. Did the process run smoothly? Were there any changes? The project went smoothly and there were no changes requested by FD&D. There were no environmental issues. Turbidity and dredge tracking was conducted successfully. 5. Was the contract closeout process performed satisfactorily? Yes. There were no problems. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? Brian knew of no issues since project completion. 7. Additional comments: Brain would absolutely recommend FD&D for similar work. 11.D.5 Packet Pg. 370 Attachment: 19-7655 - DELORA - Florida Dredge and Dock LLC Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) VENDOR REFERENCE CHECK LOG Solicitation No.: 19‐7655 Reference Check by: Steve Foge Solicitation Title: 2019 Collier Dredge Project Date: 9/19/2019 Bidder’s Name: Florida Dredge & Dock Phone: 727‐942‐7888 Design Entity: H&M Engineers REFERENCED PROJECT: Project Name: Banana River Channel Main. Project Location: Merritt Island FL Project Description: Dredging barge canal Completion Date: 8/2017 Contract Value: $ 5.9M Project Owner/Title: NASA Owner’s Address: Phone: 321‐867‐3464 Owner’s Contact Person: Tony Caruvana E‐Mail: 1. Was the project timely and within budget? Yes. Tony says FD&D completed the project on‐ time and on‐budget. He did not know the technical details of the project. 2. Was the submittal/review process performed satisfactorily? N/A 3. Was the construction process performed satisfactorily? Yes. According to Tony, better than satisfactorily. 4. Did the process run smoothly? Were there any changes? There was a change order generated by NASA; FDD completed the all the work smoothly. There were no environmental issues. 5. Was the contract closeout process performed satisfactorily? Yes, the project was successfully constructed. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? Tony knew of no issues since project completion. 7. Additional comments: Tony would recommend FD&D for similar projects. See attached Contractor Performance Assessment Report provided by FD&D. 11.D.5 Packet Pg. 371 Attachment: 19-7655 - DELORA - Florida Dredge and Dock LLC Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) 11.D.5 Packet Pg. 372 Attachment: 19-7655 - DELORA - Florida Dredge and Dock LLC Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) 11.D.5 Packet Pg. 373 Attachment: 19-7655 - DELORA - Florida Dredge and Dock LLC Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) 11.D.5 Packet Pg. 374 Attachment: 19-7655 - DELORA - Florida Dredge and Dock LLC Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) VENDOR REFERENCE CHECK LOG Solicitation No.: 19‐7655 Reference Check by: Steve Foge Solicitation Title: 2019 Collier Dredge Project Date: 9/18/2019 Bidder’s Name: Florida Dredge & Dock Phone: 727‐942‐7888 Design Entity: H&M Engineers REFERENCED PROJECT: Project Name: Lakewood Ranch Lake C Dredging Project Location: Lakewood Ranch FL Project Description: Dredging to deepen portions of a pond Completion Date: 3/2016 Contract Value: $ 1.3M Project Owner/Title: Lakewood Ranch Stewardship District Owner’s Address: Phone: 941‐757‐1574 Owner’s Contact Person: Roger Aman E‐Mail: 1. Was the project timely and within budget? Yes. Removed cattails and dredged to a depth of 8 feet which was verified by a surveyor. Pumped material about 1 mile with disposal in the water. 2. Was the submittal/review process performed satisfactorily? N/A 3. Was the construction process performed satisfactorily? Yes. 4. Did the process run smoothly? Were there any changes? The project went smoothly and there were no changes requested by FD&D. There were no environmental issues. 5. Was the contract closeout process performed satisfactorily? Yes, the project was successfully constructed ahead of schedule. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? Roger knew of no issues since project completion. 7. Additional comments: FD&D worked on other projects for them too. Roger also recommended FD&D for projects in Citrus County. 11.D.5 Packet Pg. 375 Attachment: 19-7655 - DELORA - Florida Dredge and Dock LLC Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) VENDOR REFERENCE CHECK LOG Solicitation No.: 19‐7655 Reference Check by: Steve Foge Solicitation Title: 2019 Collier Dredge Project Date: 9/18/2019 Bidder’s Name: Florida Dredge & Dock Phone: 727‐942‐7888 Design Entity: H&M Engineers REFERENCED PROJECT: Project Name: Dredging Pond X, VIII, Tailings Project Location: Lakewood Ranch FL Project Description: Hydraulic Dredging of Ponds Completion Date: 10/18 Contract Value: $ 400K Project Owner/Title: SMR Aggregates Owner’s Address: Phone: 941‐812‐8901 Owner’s Contact Person: Gene Henshaw E‐Mail: 1. Was the project timely and within budget? Yes. Cut down tailings hydraulically and disposed of a large lake eliminating cattails, pumping material up to 3,000 feet. FD&D was on‐time and on‐ budget. 2. Was the submittal/review process performed satisfactorily? N/A 3. Was the construction process performed satisfactorily? Yes. 4. Did the process run smoothly? Were there any changes? The project went smoothly and there were no changes requested by FD&D. Worked with turbidity screens. There were no environmental issues and no safety issues. 5. Was the contract closeout process performed satisfactorily? Yes, the project was successfully constructed on‐time. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? Gene knew of no issues since project completion. There were no change orders. 7. Additional comments: On‐site every day and completed the work. Very professional and clean. Gene would recommend FD&D for similar work. 11.D.5 Packet Pg. 376 Attachment: 19-7655 - DELORA - Florida Dredge and Dock LLC Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) VENDOR REFERENCE CHECK LOG Solicitation No.: 19‐7655 Reference Check by: Steve Foge Solicitation Title: 2019 Collier Dredge Project Date: 9/18/2019 Bidder’s Name: Florida Dredge & Dock Phone: 727‐942‐7888 Design Entity: H&M Engineers REFERENCED PROJECT: Project Name: SRC Pond – Second Stage Project Location: White Springs FL Project Description: Dredging second stage of lime ponds Completion Date: 2/2019 Contract Value: $2.6M to $3.2M Project Owner/Title: PCS Phosphate Owner’s Address: Phone: 386‐397‐8341 Owner’s Contact Person: Amber Grinstead E‐Mail: 1. Was the project timely and within budget? Yes. Amber says FD&D dredged the second stage ponds and pumped the material several thousand feet to an onsite disposal area. 2. Was the submittal/review process performed satisfactorily? N/A 3. Was the construction process performed satisfactorily? Yes. 4. Did the process run smoothly? Were there any changes? There was a change order generated by the owner increasing the dredge quantity – final cost of project $3.2M FD&D dredged the extra material successfully and on‐time. There were no environmental issues. 5. Was the contract closeout process performed satisfactorily? Yes, the project was successfully constructed. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? Amber knew of no issues since project completion. 7. Additional comments: FD&D worked on other projects for them too. Amber would recommend FD&D for similar projects. 11.D.5 Packet Pg. 377 Attachment: 19-7655 - DELORA - Florida Dredge and Dock LLC Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) September 24, 2019 Jim Flanagan, Procurement Strategist Procurement Services Division 3295 Tamiami Trail East, Bldg. C2, Naples Florida 34112 Re: Collier County Dredging Projects; Bid No. 19-7655 Waterfront Property Services, LLC d.b.a. Gator Dredging Dear Mr. Flanagan, Humiston & Moore Engineers, as Engineer of Record for the above reference project, has completed a review of the references provided as part of the Bid Response from Waterfront Property Services, LLC d.b.a. Gator Dredging. Attached are the completed Vendor Reference Check Logs for referenced projects. Of the vendors contacted, there were both positive recommendations as well as vendors who had expressed concerns. The positive recommendations included muck removal of an internal waterway as well as smaller marina maintenance dredging projects. The three combined projects under this Bid require careful scheduling and performance under tight regulatory controls in the coastal environment for protection of seagrasses and marine turtle and shorebird habitat. Also required is the demonstrated ability and experience in dredging and working within the physical limitations along the open coast including tidal inlets such as Wiggins Pass in north Collier County and Caxambas Pass at the south end of Marco Island. Based on the type of work presented as part of the bid response there is a concern with lack of specific representative project experience that is similar to the work required under this project. Additionally, due to concerns of project performance and management presented by Collier County, Charlotte County, and specifically the City of Marco Director of Public Works, where a portion of this Work is to be conducted, we do not recommend selection of this Bidder for this project. Should you have any questions regarding this recommendation, please contact us. Sincerely, Brett D. Moore, P.E., D.CE. 5679 STRAND COURT NAPLES, FLORIDA 34110 FAX: 239 594 2025 PHONE: 239 594 2021 11.D.6 Packet Pg. 378 Attachment: 19-7655 - DELORA - Gator Dredge Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) VENDOR REFERENCE CHECK LOG Solicitation No.: 19‐7655 Reference Check by: Steve Foge Solicitation Title: 2019 Collier Dredge Project Date: 9/13/2019 Bidder’s Name: Waterfront P.S., Gator Dredging Phone: 727‐527‐1303 Design Entity: H&M Engineers REFERENCED PROJECT: Project Name: Collier Creek Dredging Project Location: Marco Island Project Description: Dredge 12,000 cubic yards with placement offshore Completion Date: 8/2016 Contract Value: $ 708,000 Project Owner/Title: Collier County Owner’s Address: Phone: 239‐252‐5342 Owner’s Contact Person: Gary McAlpin E‐Mail: 1. Was the project timely and within budget? The project was conducted in conjunction with dredging for Hideaway Beach in 2016. There were issues with the pay quantity as shown on the attached email string between Gator and CP&E, the engineer of record for the referenced project. Reporting during the project was not timely. 2. Was the submittal/review process performed satisfactorily? N/A 3. Was the construction process performed satisfactorily? The sand was placed in an offshore borrow area, not on the beach. Shavings from the welding of the dredge pipe were found on Hideaway Beach. There were issues with daily reporting and communication with the County. Attached is a County review of contractor’s performance during the project. 4. Did the process run smoothly? Were there any changes? See above. 5. Was the contract closeout process performed satisfactorily? There were issues with the pay quantity and the overdredge template. Dredging was being conducted outside of the design template. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? The pipe shavings needed to be removed from the local beaches. 7. Additional comments: The Collier Creek and Hideaway Beach projects were conducted together and Mike Poff with CEC (239‐643‐2324x126), the engineer of record for the Hideaway Beach project was contacted. The above information was confirmed by Mr. Poff. 11.D.6 Packet Pg. 379 Attachment: 19-7655 - DELORA - Gator Dredge Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) 1 Steve Foge From:McAlpinGary <Gary.McAlpin@colliercountyfl.gov> Sent:Monday, September 16, 2019 11:05 AM To:Brett Moore; Steve Foge; PerrymanClinton Subject:FW: Collier County - Collier Creek Pay Request #2 History on the pay request issue with Gator. From: William Coughlin <bill@gatordredging.com> Sent: Tuesday, September 13, 2016 4:16 PM To: Keehn, Stephen <Stephen.Keehn@cbi.com> Cc: Philip Findlay <p.findlay@gatordredging.com>; Brenner, Tara D <tara.brenner@cbi.com>; Tyler McDougal <tyler@gatordredging.com>; PerrymanClinton <Clinton.Perryman@colliercountyfl.gov>; Douglas Bowman <d.bowman@gatordredging.com>; McAlpinGary <Gary.McAlpin@colliercountyfl.gov> Subject: RE: Collier County ‐ Collier Creek Pay Request #2 Stephen: I was unaware that the previous communication from CBI was the final determination by the County. Its unfortunate that we only get paid for 9,358 cy when we removed 12,000+ cy which was what was directed by County as maximum volume and in the bid documents. We will resubmit the final pay request for 9,358 cy and request expeditious processing. Clint: You should also receive payment for the $6,000 soon for beach tilling to finalize this entire project. Thanks to all. William Coughlin President/CEO Waterfront Property Services, LLC dba Gator Dredging 13630 50th Way North Clearwater, FL 33760 Ph: 727.527.1300 Fx: 727.527.1303 bill@gatordredging.com www.gatordredging.com FL CGC No.: 1512360 The information transmitted is intended only for the person to whom, or entity to which, it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, is prohibited. If you received this in error, please contact the sender and then delete and destroy all copies of the material. Thank you. From: Keehn, Stephen [mailto:Stephen.Keehn@cbi.com] Sent: Tuesday, September 13, 2016 4:05 PM 11.D.6 Packet Pg. 380 Attachment: 19-7655 - DELORA - Gator Dredge Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) 2 To: William Coughlin <bill@gatordredging.com> Cc: Philip Findlay <p.findlay@gatordredging.com>; Brenner, Tara D <tara.brenner@cbi.com>; Tyler McDougal <tyler@gatordredging.com>; PerrymanClinton <ClintonPerryman@colliergov.net>; Douglas Bowman <d.bowman@gatordredging.com> Subject: RE: Collier County ‐ Collier Creek Pay Request #2 Bill We discussed this with Tyler about a month ago. The pay quality is limited to the area within the 11.3 ft. depth template, as described in the specifications and at the pre‐construction meeting. No over dredge quantity is eligible for payment. The one foot buffer down to the 12.3 depth is for permitting. I read Tyler’s rational and it was not sufficient to change the standards that I must use. Stephen Keehn, P.E. (561) 361.3151 direct (561) 441-5499 cell From: William Coughlin [mailto:bill@gatordredging.com] Sent: Tuesday, September 13, 2016 3:54 PM To: PerrymanClinton <ClintonPerryman@colliergov.net>; Keehn, Stephen <Stephen.Keehn@cbi.com>; Douglas Bowman <d.bowman@gatordredging.com> Cc: Philip Findlay <p.findlay@gatordredging.com>; Brenner, Tara D <tara.brenner@cbi.com>; Tyler McDougal <tyler@gatordredging.com> Subject: RE: Collier County ‐ Collier Creek Pay Request #2 Clint: This was the first correspondence from CBI indicating “approved” quantities. We removed over 13,000 cy (which is why we invoiced for 12,000 cy), but tolerances designed by CBI resulted in an approved quantity of 9,358 cy. Our 3rd party surveyor is evaluating this volume and we will respond with either a revised PR matching CBI volume or provide 3rd party surveyors volume for discussion shortly. William Coughlin President/CEO Waterfront Property Services, LLC dba Gator Dredging 13630 50th Way North Clearwater, FL 33760 Ph: 727.527.1300 Fx: 727.527.1303 bill@gatordredging.com www.gatordredging.com FL CGC No.: 1512360 The information transmitted is intended only for the person to whom, or entity to which, it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other 11.D.6 Packet Pg. 381 Attachment: 19-7655 - DELORA - Gator Dredge Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) 3 than the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, is prohibited. If you received this in error, please contact the sender and then delete and destroy all copies of the material. Thank you. From: PerrymanClinton [mailto:ClintonPerryman@colliergov.net] Sent: Tuesday, September 13, 2016 3:48 PM To: Keehn, Stephen <Stephen.Keehn@cbi.com>; Douglas Bowman <d.bowman@gatordredging.com> Cc: William Coughlin <bill@gatordredging.com>; Philip Findlay <p.findlay@gatordredging.com>; Brenner, Tara D <tara.brenner@cbi.com> Subject: RE: Collier County ‐ Collier Creek Pay Request #2 The payment application must reflect the approved quantities only!!! Clint From: Keehn, Stephen [mailto:Stephen.Keehn@cbi.com] Sent: Tuesday, September 13, 2016 1:45 PM To: Douglas Bowman Cc: William Coughlin; Philip Findlay; PerrymanClinton; Brenner, Tara D Subject: RE: Collier County - Collier Creek Pay Request #2 Importance: High Doug Bill This invoice is asking for payment of 12,000 cubic yards. I can only recommend approval of 9,358 cubic yards based on CBI calculation using your consultant’s survey data. Please ask the County if you should turn in a final invoice at this time, once it is corrected to show mutually agreeable dredge quantity. Thanks Stephen Keehn, P.E. (561) 361.3151 direct (561) 441-5499 cell From: Douglas Bowman [mailto:d.bowman@gatordredging.com] Sent: Thursday, September 01, 2016 2:09 PM To: Keehn, Stephen <Stephen.Keehn@cbi.com>; PerrymanClinton <ClintonPerryman@colliergov.net> Cc: William Coughlin <bill@gatordredging.com>; Philip Findlay <p.findlay@gatordredging.com> Subject: RE: Collier County ‐ Collier Creek Pay Request #2 Good Afternoon Stephen Keehn and Clint Perryman, Attached is the Collier County - Collier Creek Pay Request #2 package which includes Exhibit D, Exhibit C, and Invoice #74783 Can you confirm that the submitted document(s) for this Pay Request #2 are complete and allows the payment process to move forward. Thank You, 11.D.6 Packet Pg. 382 Attachment: 19-7655 - DELORA - Gator Dredge Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) 4 Doug Best Regards, Doug Bowman Financial Controller Gator Dredging 13630 50th Way North Clearwater, FL 33760 Phone: 727.527.1300 EXT. 32 Fax: 727.527.1303 Email: d.bowman@gatordredging.com www.gatordredging.com The information transmitted is intended only for the person to whom, or entity to which, it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, is prohibited. If you received this in error, please contact the sender and then delete and destroy all copies of the material. Thank you. This e-mail and any attached files may contain CB&I (or its affiliates) confidential and privileged information. This information is protected by law and/or agreements between CB&I (or its affiliates) and either you, your employer or any contract provider with which you or your employer are associated. If you are not an intended recipient, please contact the sender by reply e-mail and delete all copies of this e-mail; further, you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. This e-mail and any attached files may contain CB&I (or its affiliates) confidential and privileged information. This information is protected by law and/or agreements between CB&I (or its affiliates) and either you, your employer or any contract provider with which you or your employer are associated. If you are not an intended recipient, please contact the sender by reply e-mail and delete all copies of this e-mail; further, you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 11.D.6 Packet Pg. 383 Attachment: 19-7655 - DELORA - Gator Dredge Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) 11.D.6 Packet Pg. 384 Attachment: 19-7655 - DELORA - Gator Dredge Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) 11.D.6 Packet Pg. 385 Attachment: 19-7655 - DELORA - Gator Dredge Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) VENDOR REFERENCE CHECK LOG Solicitation No.: 19‐7655 Reference Check by: Steve Foge Solicitation Title: 2019 Collier Dredge Project Date: 9/13/2019 Bidder’s Name: Waterfront P.S., Gator Dredging Phone: 727‐527‐1303 Design Entity: H&M Engineers REFERENCED PROJECT: Project Name: Hideaway Beach Dredge Project Project Location: Marco Island Project Description: Dredge 36,000 cubic yards with placement on the beach Completion Date: 8/2016 Contract Value: Project Owner/Title: Hideaway Beach Owner’s Address: City of Marco Island Phone: 239‐389‐5000 Owner’s Contact Person: Michael Poff/Tim Pinter E‐Mail: 1. Was the project timely and within budget? The project was conducted in conjunction with dredging for Collier Creek in 2016. A portion of the sand was placed on Hideaway Beach and on Central Marco Beach. According to Mr. Poff with CEC, the engineer of record for the project, the project was not competed on time and was left approximately 90% complete as production rates were not calculated correctly by the contractor; the project ran into turtle nesting season. Liquidated damages were paid to the Hideaway Beach Taxing District. 2. Was the submittal/review process performed satisfactorily? N/A 3. Was the construction process performed satisfactorily? There were issues with the routing of the pipeline and the shorebird conditions in the permits. There were issues with the dredge location information and untimely reporting, in general, throughout the project. The booster pump was initially undersized for the project and there were subsequent issues with trucking sand down the beach. Shavings generated by the welding of the dredge pipe were found throughout the project area. 4. Did the process run smoothly? Were there any changes? See above. 5. Was the contract closeout process performed satisfactorily? The project was 90% completed due to time overruns interfering with the start of sea turtle nesting season. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? The County was required to rework the disposal area on Central Marco Beach due to drainage issues. See attached review from Collier County. 7. Additional comments: The Collier Creek and Hideaway Beach projects were conducted together. Mike Poff with CEC (239‐643‐2324x126), the engineer of record for the Hideaway Beach project was contacted. The above information was confirmed by Tim Pinter the Public Works Director for the City of Marco Island. See the attached email from Tim dated 9/16/2019. 11.D.6 Packet Pg. 386 Attachment: 19-7655 - DELORA - Gator Dredge Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) 1 Steve Foge From:Tim Pinter <TPinter@cityofmarcoisland.com> Sent:Monday, September 16, 2019 1:44 PM To:Steve Foge Cc:'Michael Poff' Subject:Gator Dredging Steve- Just listened to your voice mail and I agree totally with what Michael provided as a summary of the project. I know that based on their performance during that 2016 project, Hideaway Beach Tax District would not recommend to the City of Marco Island, awarding Gator Dredging a contract. tim Timothy E. Pinter, P.E. Public Works Director City of Marco Island Public Works Engineering 50 Bald Eagle Dr. Marco Island, Florida 34145 ><))))))))*> 11.D.6 Packet Pg. 387 Attachment: 19-7655 - DELORA - Gator Dredge Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) VENDOR REFERENCE CHECK LOG Solicitation No.: 19‐7655 Reference Check by: Steve Foge Solicitation Title: 2019 Collier Dredge Project Date: 9/16/2019 Bidder’s Name: Waterfront P.S., Gator Dredging Phone: 727‐527‐1303 Design Entity: H&M Engineers REFERENCED PROJECT: Project Name: Dredging of Alligator Creek Project Location: Charlotte County Project Description: Dredging of channel located off Charlotte Harbor Completion Date: 2017 Contract Value: Project Owner/Title: Charlotte County Owner’s Address: Phone: 941‐575‐3610 Owner’s Contact Person: Matt Logan E‐Mail: 1. Was the project timely and within budget? Project included hydraulic and mechanical navigational dredging in a channel off Charlotte Harbor. Sand was placed in an upland spoil area and was pumped approximately one mile, requiring a booster. Project was not completed on a timely basis, requiring six months longer than expected. 2. Was the submittal/review process performed satisfactorily? N/A 3. Was the construction process performed satisfactorily? Gator had issues properly containing the discharge pipe near seagrass beds but eventually managed the situation. There was mis‐ communication or lack of communication from contractor throughout the project. 4. Did the process run smoothly? Were there any changes? See above. 5. Was the contract closeout process performed satisfactorily? See above. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? Matt did not know of any issues after the project. 7. Additional comments: Matt thinks Gator is capable, but did not perform well on this project. Says the project was mismanaged especially by mechanical dredging crew. This contact was recommended by Mike Poff with CEC, the engineer of record for the referenced project. According to Mike there were gaps in the cut during construction requiring the area(s) to be reworked and resurveyed. 11.D.6 Packet Pg. 388 Attachment: 19-7655 - DELORA - Gator Dredge Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) VENDOR REFERENCE CHECK LOG Solicitation No.: 19‐7655 Reference Check by: Brett Moore Solicitation Title: 2019 Collier Dredge Project Date: 9/16/2019 Bidder’s Name: Waterfront P.S., Gator Dredging Phone: 727‐527‐1303 Design Entity: H&M Engineers REFERENCED PROJECT: Project Name: Apollo Beach Waterways Improvement Group Project Location: Apollo Beach North, Main and South Channels Project Description: Dredging approximately 11,000 cy of sediment from the North, South and Main Channels of the Apollo Beach Completion Date: August 2018 Contract Value: $368,560 Project Owner/Title: Hillsborough County Conservation and Environmental Lands Management Department c/o New Vista Owner’s Address: Agent Address: 10940 McMullen RD, Riverview, FL 33569 5679 Strand Ct., Naples, FL Phone (owner): Phone (Agent) 813‐627‐1354 239‐566‐0649 Owner’s Contact Person: Brett D. Moore H&M Engineers E‐Mail: bdm@humistonandmoore.com This project involved hydraulic dredging of private waterways, construction and management of a Dredged Material Management Area (DMMA) and cleaning out DMMA placing send mechanically expanding the County Park Beach. The project was partially funded by the Apollo Beach Waterways Improvement Group (ABWIG) and Hillsborough County,. The Notice to Proceed was issued on 3/28/16 and original anticipated completion was July 13, 2016. Post dredging surveys were completed August 31, 2016, and post DMMA site surveys were completed October 12, 2016. 1. Was the project timely and within budget? Project was behind schedule when completed due primarily to slow start up and some delays due to weather and equipment. The dredging project was considered to be completed within budget. There were two change orders issued relative to the DMMA site cleanout and restoration; one for additional surveying, and one for equipment rental to assist in clean out of the DMMA and hydroseeding of the restored DMMA site. 11.D.6 Packet Pg. 389 Attachment: 19-7655 - DELORA - Gator Dredge Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) 2. Was the submittal/review process performed satisfactorily? The Contractor was working with the local Apollo Beach Waterways Improvement Group, and the County took over the project to provide supplemental funding and management for the project. New Vista Builders Group managed the contract with Gator Dredging on behalf of the County and the contract with Humiston & Moore Engineers as Engineer of Record on behalf of Hillsborough County, and New Vista was responsible for daily communication with Contractor. 3. Was the construction process performed satisfactorily? Yes, although communication was difficult at times between Contractor and New Vista. 4. Did the process run smoothly? Were there any changes? See above. 5. Was the contract closeout process performed satisfactorily? Yes. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No issues after the project. 7. Additional comments: Some project delays were due to a delayed start and some equipment issues following the passage of storms, along with final clean out of DMMA. Owner had general concerns over the schedule. 11.D.6 Packet Pg. 390 Attachment: 19-7655 - DELORA - Gator Dredge Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) VENDOR REFERENCE CHECK LOG Solicitation No.: 19‐7655 Reference Check by: Steve Foge Solicitation Title: 2019 Collier Dredge Project Date: 9/16/2019 Bidder’s Name: Waterfront P.S., Gator Dredging Phone: 727‐527‐1303 Design Entity: H&M Engineers REFERENCED PROJECT: Project Name: City Marina Main. Dredge Project Location: City of Fort Pierce Project Description: Dredge 5,000 cy from marina and basin. Completion Date: 2/2019 Contract Value: $ 427,000 Project Owner/Title: City of Fort Pierce Owner’s Address: Phone: 772‐467‐3780 Owner’s Contact Person: Edward Seissiger E‐Mail: 1. Was the project timely and within budget? Yes. He worked with Gator 2‐4 times over the last 9‐10 years and all projects went well in his opinion. 2. Was the submittal/review process performed satisfactorily? N/A 3. Was the construction process performed satisfactorily? Yes 4. Did the process run smoothly? Were there any changes? There were no changes other than those requested by the City. 5. Was the contract closeout process performed satisfactorily? Yes. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? Ed knew of no issues since the project was completed. 7. Additional comments: According to Ed, the project was located 0.25 miles from the inlet channel and 1.5 miles from the Atlantic Ocean. The project was conducted in currents up to 5 knots with disposal on the face of manmade islands and was placed to grade. The sand was pumped 0.5 miles or a little more. There were no environmental issues as Gator monitored turbidity and tracked the dredge using Hypak. 11.D.6 Packet Pg. 391 Attachment: 19-7655 - DELORA - Gator Dredge Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) VENDOR REFERENCE CHECK LOG Solicitation No.: 19‐7655 Reference Check by: Steve Foge Solicitation Title: 2019 Collier Dredge Project Date: 9/13/2019 Bidder’s Name: Waterfront P.S., Gator Dredging Phone: 727‐527‐1303 Design Entity: H&M Engineers REFERENCED PROJECT: Project Name: Clearwater Pass Project Location: City of Clearwater Project Description: Dredge 14,400 cubic yards Completion Date: 2/2019 Contract Value: $ 427,000 Project Owner/Title: City of Clearwater Owner’s Address: Phone: 772‐562‐4959 Owner’s Contact Person: Edward Chesney E‐Mail: 1. Was the project timely and within budget? Yes. Ed worked with Gator on numerous projects for the City. 2. Was the submittal/review process performed satisfactorily? N/A 3. Was the construction process performed satisfactorily? Yes 4. Did the process run smoothly? Were there any changes? Yes, the project ran smoothly and there were no changes. 5. Was the contract closeout process performed satisfactorily? Yes. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? Ed knew of no issues since the project was completed. 7. Additional comments: According to Ed the project dredged 14,000 cy from the marina to the main channel located east of Clearwater Pass. The sand was stockpiled on a bay beach then placed in t‐groins near the hotels as part of another project. All the work was conducted in the bay and interior channel, and the material was pumped about one mile. Gator was responsible for dredge positioning information and turbidity testing. 11.D.6 Packet Pg. 392 Attachment: 19-7655 - DELORA - Gator Dredge Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) VENDOR REFERENCE CHECK LOG Solicitation No.: 19-7655 Reference Check by: Brett Moore Solicitation Title: 2019 Collier Dredge Project Date: 9/24/2019 Bidder’s Name: Waterfront P.S., Gator Dredging Phone: 727-527-1303 Design Entity: H&M Engineers REFERENCED PROJECT: Project Name: Turkey Creek Muck Removal Project Location: Palm Bay FL Project Description: Dredge 236,000 cy of sediment Completion Date: 11/2016 Contract Value: $ 8.3M Project Owner/Title: Brevard County Owner’s Address: Phone: 321-372-5194 Owner’s Contact Person: Mike McGarry E-Mail: 1. Was the project timely and within budget? Yes. The project involved the dredging of finer muck material from Turkey Creek, and most of the material was disposed of in agricultural sites. There was one Change Order which was initiated by Brevard County for additional work which also extended the time. 2. Was the submittal/review process performed satisfactorily? Yes, the follow-up fulfillment of pre-construction requirements was handled very well. 3. Was the construction process performed satisfactorily? Yes, there was good coordination with the County staff throughout the project. 4. Did the process run smoothly? Yes. Were there any changes? One change order initiated by the County referenced above. 5. Was the contract closeout process performed satisfactorily? Yes. 6. Any warranty issues since closeout? No. Were they responded to and performed satisfactorily? N/A 11.D.6 Packet Pg. 393 Attachment: 19-7655 - DELORA - Gator Dredge Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) 7. Additional comments: Mike McGarry was impressed with Gator Dredging and their work product. He indicated that County was please to recently award another contract to Gator Dredging. 11.D.6 Packet Pg. 394 Attachment: 19-7655 - DELORA - Gator Dredge Reference Review (002) (10337 : #19-7655 Collier County Dredging Projects) 11.D.7 Packet Pg. 395 Attachment: 19-7655 - NORA - Executed (10337 : #19-7655 Collier County Dredging Projects) BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA# JE # BAR# APH Date 195 TDC-Beach Renourish Fund No.Fund Description (type on line above) Date Prepared:10/21/2019 (Attach Executive Summary) Approved by BCC on: Item No. Expense Budget Detail Fund Center Title:TDC-Beach Renourish Fund Center No.:110406 Funded Program (Project) Title:Marco Island South Maint 5-digit Fd Prog #:90071 (only one Fund Center/Funded Program should be entered into this section. If amendment is for Funded Program, must enter Fund Center info) Fund Funded Commit Commitment Item Increase Current Revised Center Program Item Description (Decrease) Budget Budget 110406 90071 763100 Improvements (60,000.00) 3,626,614.64 3,566,614.64 Net Change to Budget (60,000.00)$ Expense Budget Detail Fund Center Title:TDC-Beach Renourish Fund Center No.:110420 Funded Program (Project) Title:Wiggins Pass Dredge 5-digit Fd Prog #:80288 (only one Fund Center/Funded Program should be entered into this section. If amendment is for Funded Program, must enter Fund Center info) Fund Funded Commit Commitment Item Increase Current Revised Center Program Item Description (Decrease) Budget Budget 110420 80288 634999 Other Contractual 60,000.00 160,311.13 220,311.13 Net Change to Budget 60,000.00$ EXPLANATION Why are funds needed? (type below) Where are funds available? (type below) REVIEW PROCESS Cost Center Director*:Date Division Administrator*:Date Budget Department:Date Agency Manager Date Finance Department:Date Clerk to the Board Admin:Date Inputted by:Date BA number (SAP) Transfer funds within 195 to the Wiggins Pass Dredge, which is in need of additional funding for ongoing work. Funds are available in Project 90071 11.D.8 Packet Pg. 396 Attachment: BA Fund 195 90071 to 80288 (10337 : #19-7655 Collier County Dredging Projects) CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Florida Dredge & Dock LLC ("Contractor") of 1040 Island Ave, Tarpon Springs, Florida 34689, a Limited Liability Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with 2019 Collier County Dredging Projects, Invitation to Bid No. 19-7655 ("Project'), as said Work is set forth in the Plans and Specifications prepared by Humiston & Moore Engineers, 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: Two Million Three Hundred Fifty -One Thousand Dollars ($2,351,000.) 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.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. Construction Services Agreement: Revised 072118 �p.Ci 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 Liauidated Damaaes. 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 Eighty -Five (85) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within Five (5) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein. Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand Five Hundred Dollars ($1,500.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday 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. 2 Construction Services Agreement: Revised 072118 C�.0 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 #19-7655 "2019 Collier County Dredging Projects". 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 Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions s CAV Construction Services Agreement: Revised 072118 Exhibit I: Supplemental Terms and Conditions ® Applicable ❑ Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #19-7655 "2019 Collier County Dredging Projects". The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsvnc.com/bidsvnc-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ❑Exhibit K: Permits ❑Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by Humiston & Moore Engineers Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Capital Project Planning, Impact Fees, and Program Management Division Coastal Zone Management Section 2685 S. Horseshoe Drive, Unit 103 Naples, Florida 34104 Attn: Gary McAlpin, Manager Phone: (239) 252-5342 Email: Gary. McAlpin5colliercountvfl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Florida Dredge & Dock LLC 1040 Island Ave Tarpon Springs, FL 34689 Attn: William D. Fletcher, Jr. Phone: (727) 942-7739 Email: Travis Floridadredge.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. 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: 4 Construction Services Agreement: Revised 072118 CAD "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 lis t." 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. 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. 5 Construction Services Agreement: Revised 072118 Cp 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 CAO Construction Services Agreement: Revised 072118 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. ZTWO WIT SES: FIRSTWITNES Print Name ECOND WITNESS Print Name Date: f0%2 2a[ ci ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller go Approved as to Form and Legality: Assistant County Attorney Print Name CONTRACTOR: Florida Dredge and Dock LLC BY: Print Name and Title Date OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA NA William L. McDaniel Jr. Date Chairman 7 Construction Services Agreement: Revised 072118 CAU EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement: Revised 072118 CA U Collier County Solicitation 19-7655 2019 COLLIER COUNTY DREDGE AND NOURISHMENT PROJECTS WATER TURKEY BAY & WIGGINS PASS DREDGE; AND SOUTH MARCO BEACH NOURISHMENT BID SCHEDULE SUMMARY COLLIER COUNTY Humiston & Moore Engineers Project Number 23065 August 7, 2019 Item Item Estimated Unit Unit Total Description Quantity Cost Cost 1 Mobilization and Demobilization 1 Job Lump Sum $250,000.00 A Mobilization and Demobilization (1) $250,000.00 2 Dredge Water Turkey Bay Channel 27,000 CY $18.00 $486,000.00 with Nearshore Disposal (see note 1) 3 Daymarker Removal & Installation (see note 11) 10 Each $ 1 000.00 $10 000.00 4 Environmental Control including Turbidity Testing 1 Job Lump Sum $50,000.00 (see note III) 5 Construction Surveys (Pre, Post and Interim) 1 Job Lump Sum $15 000.00 (see note IV) B Sub -Total for Water Turkey Bay Dredge (2.5): $ 561,000.00 6 Dredge Wiggins Pass Channel 15,000 CY $ 10.00 $150.000.00 with Nearshore Disposal (See Note 1) 7 Daymarker Removal & Installation (See Note II) 2 Each $ 1,000.00 $2,000.00 8 Environmental Control including Turbidity Testing 1 Job Lump Sum $15,000.00 9 Construction Surveys (Pre, Post and Interim) 1 Job Lump Sum $51000.00 (see note IV) C Total for Wiggins Pass Dredge (6.9): $172,000.00 10 Dredge Caxambas Pass with Sand Placed 85,000 CY $_L5 - 00 $1,275 000.00 on South Marco Island Beach (See Note I & V) 11 Daymarker Removal & Installation (See Note II) 3 Each $ 1,000.00 $3,000.00 12 Environmental Control Including Turbidity Testing 1 Job Lump Sum $ 50,000.00 13 Construction Surveys (Pre, Post and Interim) 1 Job Lump Sum $15.000.00 14 Final Tilling and Grading (See Note V) 1 Job Lump Sum $ 20.000.00 15 Restoration of Construction Access 1 Job Lump Sum $5 000.00 D Total for South Marco Nourishment (10.15): $1,368,000.00 E Project Total(A+B+C+D): $2,351.000.00 Notes: I. Quantity Is estimated; final quantity based on results of the pre -construction survey. II. If daymarker removal is necessary; costs include the removal of daymarker(s) replaced with new materials. III. Includes the installation of turbidity curtain as described in the plans and specifications. IV. Pre & Post -construction surveys of the disposal area for Wiggins Pass and Water Turkey Bay can be combined. V. Includes measures to ensure sand placed on the beach greater than 0.5' diameter does not exceed 5% through the use of screen boxes, raking, and/or other means as determined by the contractor. (Ref. Technical Spec. 11.4) CAU 8/21/2019 2:44 PM p. 47 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement: Revised 072118 Collier County C; C"rte Administrative Services Division Purchasing ADDENDUM #1 Memorandum Page 1 of 1 Solicitation 19-7655 Email: jimflanagan@colliergov.net Telephone: (239) 252-8946 Date: August 21, 2019 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum #1 — 19-7655 2019 Collier County Dredging Projects This addendum has been issued for the following items identifying changes, deletions, or additions to the original solicitation document and bid schedule for the subject solicitation. Changes and additions are identified with an underline and deletions have a strike -through. DOCUMENT CHANGES: ➢ 19-7655 —Addendum #1 —Exhibit J — Geotechnical Report -Final o Issued to replace draft Geotechnical Report incorporated into Exhibit J - Specifications with attached final Geotechnical Report Please acknowledge receipt of this Addendum with your bid proposal. lA�� Signature Florida Dredge and Dock LLC Bidder If you require additional information, please post a question on the Online Bidding site or contact me using the above contact information. 8/21/2019 2:44 PM L.AU p. 495 Co Ler County Adnvnist afive ,Sefviops Division Purchasing ADDENDUM #2 Memorandum Page 1 of 1 Email: jimflanagan@colliergov.net Telephone: (239) 252-8946 Date: August 28, 2019 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum #2 — 19-7655 2019 Collier County Dredging Projects This addendum has been issued for the following items identifying changes, deletions, or additions to the original solicitation document and bid schedule for the subject solicitation. Changes and additions are identified with an underline and deletions have a strike -through. GENERAL: ➢ Due to the impending storm, the Bid Due Date has been extended to Thursday September 12, 2019 @ 3:00 pm ➢ Bid Questions close today 8/28 at Close of Business (5pm). Outstanding unanswered questions will be answered on-line by 08/29. Bid Questions and Answers are hereby incorporated into the bid DOCUMENT CHANGES: ➢ CLARIFICATIONS o 19-7655 - Addendum #2 - Item 1 - Technical Spec Additions and Clarifications, attached. ➢ ADDITIONAL DOCUMENTS 0 19-7655 - Addendum #2 - 0 19-7655 - Addendum #2 - 19-7655 - Addendum #2 - 0 19-7655 - Addendum #2 - 0 19-7655 - Addendum #2 - signed _Clerked, attached. Item 2 - PreBid Presentation-WTB-WP-SM, attached. Item 3 - WP-WTB-Draft Seagrass Monit Plan _22Augl9, attached. Item 4a - Wiggins Pass mod 0142538 -014 -JN 2017-4-17 Final, attached. Item 4b - 0142538 -016 -JN Wiggins Pass PMP - 18.6. attached. Item 4e - 0142538 -017 -JN Wiggins Pass BMP rood 18.07.23 ➢ Pre -Bid Meeting Minutes and Sign -in Sheets o 19-7655 - Addendum #2 - Pre -Bid Meeting Minutes and Sign -in Sheets, attached. Please acknowledge receipt of this Addendum with your bid proposal. Signature Florida Dredge and Dock LLC Bidder If you require additional information, please post a question on the Online Bidding site or contact me using the above contact information. Co*`e>rer Coutirty Administrative Services Division Purchasing ADDENDUM #3 Memorandum Page 1 of 1 Email: jimflanagan@colliergov.net Telephone: (239) 252-8946 Date: September 4, 2019 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum #3 — 19-7655 2019 Collier County Dredging Projects This addendum has been issued for the following items identifying changes, deletions, or additions to the original solicitation document and bid schedule for the subject solicitation. Changes and additions are identified with an underline and deletions have a strike -through. GENERAL: DOCUMENT CHANGES: ➢ CLARIFICATIONS o Additional Geotechnical information provided in response to Bid Question #3, as referenced below ➢ ADDITIONAL DOCUMENTS o 19-7655 -Addendum #3 —Water Turkey Bay Maintenance Dredging —Gradation Curves— Seq 1-4 and associated visual shell content report. Please acknowledge receipt of this Addendum with your bid proposal. Vzk 0 � Signature 09/09/2019 Bidder If you require additional information, please post a question on the Online Bidding site or contact me using the above contact information. Collier County FORM 1- BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2019 Collier County Dredging Projects BID NO. 19-7655 Full Name of Bidder Florida Dredge & Dock LLC Main Business Address 1040 Island Ave, Tarpon Springs, FL 34689 Place of Business Tarpon Springs, FL Telephone No. 727-942-7888 Fax No. 727-942-7739 State Contractor's License # SSC131150934 State of Florida Certificate of Authority Document Number Federal Tax Identification Number 20-5477741 DUNS # 962801176 CCR# Cage Code 625V7 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) Solicitation 19-7655 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 famish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. 8/21/2019 2:44 PM p. 6 Name Randy Hicks Bill Taylor 8/21/2019 2:44 PM Collier County FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 2019 Collier County Dredging Projects Bid No. 19-7655 Personnel Cateeory Construction Superintendent Project Manager Solicitation 19-7656 CAtr p. 7 Collier County FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE Solicitation 19-7655 All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Florida Dredge & Dock LLC ,I A 0 Signature: Section B (Exception requested to Bid specifications manufacturers and materials) 2, 3. 4. 5. Date: 9/6/2019 EXCEPTION MATERIAL EXCEPTION MANUFACTURER Please insert additional pages as necessary. Company: Date 8/21/2019 2:44 PM Collier County FORM 4 - LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE Solicitation 19-7655 The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Company: Signature: 8/21/2019 2:44 PM Le: 9/6/19 Major Category of Work Subcontractor and Address I. Electrical 2. Mechanical 3. Plumbing 4. Site Work Eastman Aggregate - 3705 Bellevue Ave Lake Worth FL 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: Signature: 8/21/2019 2:44 PM Le: 9/6/19 Collier County FORM 5 -STATEMENT OF EXPERIENCE OF BIDDER Solicitation 19-7655 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. 1. Honeymoon Island Restoration Project Pinellas County (project name) (project owner) Pinellas County Construction Management Section Honeymoon Island Dunedin, FL Building 16 22211 U.S. Highway 19 North, Clearwater, FL 33765 (project location) (Owner's address) 9 Hydraulic dredging and beach restoration (project description) 8/01/14 - 3/31/16 $4,287,988.34 (project start/completion dates) (contract value) Banana River Channel Maintenance (project name) Brian Mowry Project Coordinator (Owner's contact person) (title) 727-464-8885 bmowry pinellascounty.org (phone) (email) NASA (project owner) Banana River, Merritt Island, FL NASA Kennedy Space Center, Mail Code: OP -ES -B (project location) (Owner's address) Hydraulic dredging of barge canal Anthony Caruvana Contracting Officer (project description) (Owner's contact person) (title) 11/07/16 - 8/30/17 $5,963,815.00 (321) 867-3464 anthony.m.caruvana NASA.gov (project start/completion dates) (contract value) (phone) (email) 3. Lakewood Ranch Lake C Dredging Lakewood Ranch Stewardship District (project name) (project owner) Lakewood Ranch, FL 14400 Covenant Way Lakewood Ranch, FL 34202 (project location) (Owner's address) Hydraulic dredging to deepen portions of pond Rogar Aman Project Engineer (project description) (Owner's contact person) (title) 1/10/16-3/31/16 $1,289,460 941-757-1574 roger.aman lakewoodranch.com (project start/completion dates) (contract value) (phone) (email) 8/2112019 2:44 PM P. 10 4. 5. 6. Collier County FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER Solicitation 19-7655 Eau Gallie River Restoration Project St. Johns River Water Management District (project name) (project owner) Eau Gallie River Melbourne, FL 4049 Reid Street Palatka Florida 32177-2571 (project location) (Owner's address) Maintenance dredging of Eau Gallie River Jon Armbruster — Taylor Engineering - Project Engineer (project description) (Owner's contact person) (title) 6/18/16 - 04/01/19 $7,881,522.80 (904) 731-7040 jarmbruster taylorengineering.com (project completion date) (contract value) (phone) (email) Dredging Pond X, VIII, Tailings SMR Aggregates (project name) (project owner) Lakewood Ranch FL 14400 Covenant Way Lakewood Ranch FL 34202 (project location) (Owner's address) Hydraulic Cutterhead Suction Dredging of ponds Gene Henshaw Project Manager (project description) (Owner's contact person) (title) 10/1/18 - 10/25/28 $400,000 00 (project completion date) (contract value) SRC Pond - Second (project name) White Springs FL (project location) 941-907-0041 gene.henshaw smrranch.com (phone) (email) PCS Phosphate - White Springs (project owner) 15843 SE 78th St White Springs FL 32096 (Owner's address) Dredging second stage of lime ponds at SRC Amber Grinstead Procurement Manager (project description) (Owner's contact person) (title) 9/1/18 - 2/18/19 $2,613,280.00 (project completion date) (contract value) Company: Signature: _ & Dock LLC 386-397-8341 amber grinstead nutrien.com (phone) (email) Date: 9/6/19 E 8/21/2019 2:44 PM P. 11 Collier County FORM 6 - TRENCH SAFETY ACT Solicitation 19-7655 Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90.96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure(Quantity) Cost (Description) LF SY 1, benching and sloping LF 100 10 1,000 2. 3. 4. 5. TOTAL $ 1.000 Failure to complete the above may result in the Bid being declared non-responsive. Company: Signature: 8/21/2019 2:44 PM '06/2019 Collier County Solicitation 19-7655 FORM:7 - BID BOND KNOW ALL MEN BY THESE, PRESENTS, that we Florida Dredge and Dock, LLC_ _ (herein after called the Principal) and Great American Insurance Company (herein called the Surety), a corporation chartered and existing under the laws of the State of_ Ohio with its principal offices in the city of Cincinnati and authorized to do business in the State of .,_ Florida are held and firmly bound unto the Collier Coup _. (hereinafter called the Owner), in the full and just sum of Five_Percent of Amount_eid— _--•----•--•-dollars (S_5%-__._______) good and lawful money ofthe United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No. 19-76.45 2019 Collier County Dredging Projects. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of dia.Parcent 5°/ [_ P� ted above as liquidated damages, and not as a penalty, as provided 3n 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 scaled this 12thday of September , 20 19 . Ell Insurance Appointed Producing int for Great American Insurance Company Principal (Seal) Surety (Seal) Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to. the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that; since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bondsas. 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 undersignedfurther agrees to substantially complete all work covered by this Bid within Eighty -Five (85) 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 Five (5) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. 8121/2919 2:44 PM P. 13 CAO Collier County Respectfully Suhmitted State of Florida County of Pinellas Solicitation 19-7655 William D Fletcher Jr. , 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 Bidden and that this deponent is authorized to make them. Florida Dredge and Dock _, also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. (a) Coloration The Bidder is a corporation organizedand existing under the laws of the State of Florida—__-, which operates under the legal name of Florida ._Dredgeand Dock LLCand the full nao meswfits officers are as follows; As we are a Limited Liability Corporation, Secretary --> we do not have a President, Secretary, etc. Treasurer --> Our manager is William D. Fletcher Jr. Manager William D. FleteherJr The --------------------------- —---------- —------------ isaut#mrized-te-signconstrttetiorrbidsand-eatriraets fartheeatrepattybq-aelion-efiits --..._-.--------------.—. _ Iioard•o€I3ieeetors-taketr-:-_ ----=--=,-a�ertiftet}eot>yef-wtrieh-isluxeioattaelxid-(s#rikeeuEthis-les#so+rtouoo ifacltappli�:aWc). . (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 fall 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. DATED 09/06/2019 Witness fitness STATE OFFlorida COUNTY OF Pinellas The foregoing instrument was acknowledged before me this William D. Fletcher Jr as Manager Limited Llahtjjty_. corporation, on behalf of the corporation. He/she Florida Dredge and Dock LLC aa NAME: „. (AF. PIX OFFICIAL SEAL) , o`ti%dr �w:,F•:' DON07HYINFMITINo ,k- MY COMMISSION FF 871124 UPIRES: Juno 5, 2020 P.' Bondod ThN NotatyPuWk tlydendUto 9th day of of Florida Dre( is personally l (Legibly Printed) P Notary Public, State of Yid 2019 to me or take an oath. by a 8/21/2019 2:44 PM p. 14 Cqp GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 301 E 4TH STREET a CINCINNATI, OHIO 45202 ® 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TWO No, 0 20204 POWER OFATTORNEY KNOW ALL MCN BI" (HESE PRESENTS: That the GRFATAMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue ofthe laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attomey4ii-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and conb acts of suretyship, or other written obligations in the nature thereof; provided that the liability, of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JAMES C. CONGELIO BOTH OF BOTH JAMES N. CONGELIO TAMPA, FLORIDA $100,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the OREATAMF.RICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 29TH day of MAY 1 2019 Attest GRF.ATAMERICANINSU NCE COMPANY a/w'k Ar,'iaWrl Semv/nry Utvivimrat 5'enror Hw Pn.cldenl STATE OF OHIO, COUNTY OF HAMILTON - ss: MMK VICAR10 (e77-377-2405) On this 29TH day of MAY 2019 , before me personally appeared MARK VICARIO, tome known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of GreatAmerican Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority ofhis office under the By -Laws. of said Company, and that Ire. signed his name thereto by like authority. Susan, Kiltlorst Notary Pu*, SMofO MyCalmssIhnEpeWI 2Q cp This Power ofAttorney is granted by authority of the following resolutions adopted by the Board of Directors of GreatAmerican insurance Company by unanimous written consent dated June 9, 2008. RE,SOLJED: That the Divisional President, the several Divisional Senior Oce Presidents. Divisional lice Presidents and Divismud Assistant Oce Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or moreAttorneys-in-Fact nG to execute on behalf of the Company, as sure0; any and all bonds, undertakings and contracts ofm voship, or other written obligations in the nature thereof; to prescribe their respective dulles and the respective limits of their authority; and to revoke any such appointment at any time. RRSOLVED FURTHER: That the Company seat and the signature of any of the aforesaid officers and any Secrelmy or Assistant Secretary of the Company may be affixed by facsimile to am, power of attorney or certificate of either given for the execution of am' bond, undertaking,, contract of sure0•sldp, or other wrilten obligation in the nature thereof, such signature and seat when so used being hereby adopted by the Company, as the original signature ofsuch officer and the original seal of the C'mnpany, to be, valid and binding upon the Compam with the same force and effect as though manually i fficed. CERTIFICATION 1, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company,. do hereby certify that the foregoing Power ofAttomey and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in lull force and effect. Signed and scaled this 12th S1029AG(07/18) day of September 2019 ,4nalvlunr 5'e<•mman' '90 Collier County FORM 8 - INSURANCE AND BONDING REQUIREMENTS Solicitation 19-7655 The Vendor 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 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 from 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 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 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. CoverageLsl 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 coveragefsl required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverageLsl and charge the Vendor for such coverage(sl 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 coveragefsl purchased or the insurance company or companies used. The decision of the County to purchase such insurance coveragefl 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 Vendor shal I 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 Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 98/21/2019 2:44 PM P.15 Collier County Solicitation 19-7655 Collier County Florida Insurance and Bonding Requirements Insurance /Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage ora Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to providea proof of exemption. An application for exemption' can be obtained online athttps�//apl)s.fldfs coin/bocexeinpt/ 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability ISO form and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability, 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor 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 ContractorNendor in the performance of this Agreement. 5. ® Automobile Liability $1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ® Other insurance as noted: ® Watercraft $ 1,000,000 Peroccurrence ® United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ 1,000,000 Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence E Pollution $ 1,000,000 Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability ❑ Valuable Papers Insurance ❑ Cyber Liability ❑ Technology Errors & Omissions 8/21/2019 2:44 PM $ Per Occurrence $ Per Occurrence $ Per Occurrence $ Per Occurrence Collier County Solicitation 19-7655 7. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the 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. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read; For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board 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 cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 8/12/19 - CC Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. Name of Firm Vendor Signature Print Name Insurance Agency Agent Name 8/21/2019 2:44 PM Date 09/09/2019 William D. Fletcher Jr HILB Group of Florida Tom Burgess Telephone Number 813-636-4000 "�CColl�lier County Solicitation 19-7855 li Cow Ly AdTt r rotke Serveas Deport hent Fq�Jfvl*• $atrx505,0 FORM 9 - CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules —The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above-mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: Florida Dredge and Dock LLC Signature and Date:—"V, 09/09/2019 Print Name: William D. Fletcher Tide of Signatory: CAO 8/21/2019 2:44 PM P. 18 Collier County Solicitation 19-7655 C,alerCion ty A linstrawo ,".cns�s LLpartner�t FORM 10 - VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIC 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, i f this solicitation submittal is accepted, to execute a Collier County document for the propose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 9th day of September , 2019 in the County of Pinellas in the State of Florida Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Signature by: (Typed and written) Title: Florida Dredge and Dock LLC 1040 Island Ave Tarpon Sprigns, FL 34689 L06000081722 20-5477741 625V7 (727)942-7888 FAX (727) 942-7739 Manaaer William D. Fletcher Jr 8/21/2019 2:44 PM P. 19 Collier County Additional Contact Information Solicitation 19-7855 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 Travis Fletcher Solicitation: Email: travis floridadredge.com Phone: 727-942-7888 8/21/2019 2:44 PM p• 20 Collier County Solicitation 19-7655 CeO�F7P,Y C,.^r(YLRY1il� .+.cYrmsf'itvc 8cr.,:res G�f>altllc-~3t FORM 11 - IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to enroll in the E -Verify program, and provide acceptable evidence of their enroltment, 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 Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the. employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment. Provisions contained in Section 274A (c) of the INA shall be, grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E -Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E -Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal. Company Name Florida Dredge and Dock LLC Print Name William D. Fletcher Title Manager Signature L/ 1 py-- Date09/09/2019 State of Florida County of Pinellas 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. {"n,'v;'>,'i'••., - DOROTHYINFANSINO ' '•• �'•``• WG0MM18510N8FF971124 Commission No.:+; .•_ EXPINEB:June5,2c25 I yep:.C1°"' Barad Tlw Notary Public UndwAto 8/21/2019 2:44 PM p. 21 Collier County Solicitation 19-7655 (Z AjmrCounty A*m"eaVa sc*v DcMrV wt. f'IMtu4mC+4 4'�"w5 V'."SK�a FORM 12 - VENDOR SUBSTITUTE W —9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name Florida Dredge and Dock LLC (as shown on income tax return) Business Name (if different from taxpayer name) Address 1040 Island Ave City Tarpon Spring State Florida Zip 34689 Telephone (727) 942-7888 Email don floridadredge.com Order Information (Must be filled out) I Remit / Payment Information (Must be filled out) Address 1040 Island Ave Address 1040 Island Ave Tarpon Tarpon CitySprings State FL Zip 34689 City Srings State FL Zip 34689 Email don floridadredge.com I Email dottie floridadredge.com 2. Company Status (check only one) Individual / Sole Proprietor _Corporation Partnership _Tax Exempt (Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC Enter the tax classification 501 (c) 3) r(D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) 20-5477741 (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: Underpenalties of perjury, I certify that the information shown on this form is correct [o my knowledge. Signature Date 09/09/2019 Title Manager Phone Number (727) 942-7888 812112019 2:44 PM CAO p. 22 Collier County FORM 13 - BIDDERS CHECKLIST Solicitation 19-7655 IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. 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 1) 10. Vendor Declaration Statement (Form 10) 2. Contractors Key Personnel (Form 2) 11. Immigration Law Affidavit Certification 3. Material Manufacturers (Form 3) (Form It) 4. List of Major Subcontractors (Form 4) 12. 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 (if 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 Contractors, etc., as applicable, requested and/or required.) 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been submitted. 11. 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. Florida Dredge and Dock LLC Bidder Nam MA`J � Manager 09/09/2019 Signature & Title Date CAO 8/2112019 2:44 PM p. 23 0 RICK SCOTT, GOVERNOR JONATHAN ZACHEM, SECRETARY db -pr STATE OF FLORIDA THE GENERAL C IAPTER 489, FLORII INC l9: EXPIRATION DATE: AUGUST 31, 2020 Always verify licenses online at MyFloridaLicense.com I : 0 A I * "'A's NS MzM -4 Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. RICK SCOTT, GOVERNOR JONATHAN ZACHEM, SECRETARY , ab"' r EXPIRATION DATE:' AUGUST 31, 2020 Always verify licenses online at MyFloridal-icense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Detail by Entity Name Ehr da nepartment GI late .org r1c o �..r1 r lv� di'' 'In ;rdnirr Devedmanl of State / Division of comorations / Ses�h 6egajt i /Detail By Docu umbo / Detail by Entity Name Florida Limited Liability Company FLORIDA DREDGE AND DOCK, LLC Filing Information Document Number L06000081722 FEIIEIN Number 20-5477741 Date Filed 08/17/2006 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 12/09/2010 Event Effective Date NONE Principal Address 1040 Island Avenue Tarpon Springs, FL 34689 Changed: 01/07/2014 Mailing Address 1040 Island Avenue Tarpon Springs, FL 34689 Changed: 01/07/2014 Reatstered Arent Name & Address FLETCHER, WILLIAM D 1040 Island Avenue Tarpon Springs, FL 34689 Address Changed: 01/06/2016 Authorized Person(s) Detail Name & Address Title MGR FLETCHER, WILLIAM DJR 16340 IOLA WOODS TRAIL DADE CITY, FL 33523 Title MGR Page 1 of 2 DI41610N OF ('.GWOG 10N5 http://search.sunbiz.org/Inquiry/CorporationSearch/ScarchResultDetail?inquirytype=Entity... 9/24/2019 Detail by Entity Name FLETCHER, CHESTER D 2876 UNION ST CLEARWATER. FL 33759 Annual Reports Report Year Filed Date 2017 01/05/2017 2018 01/11/2018 2019 01/07/2019 Document Images 011002019 -ANNUAL (REPORT Qi/11/2Q.L_.ANNUAI„ EPNRT OV05I2017 —ANNUAL REPORT OV002018--ANNUAL REPORT 0V)82015 --ANNUAL REPORT 01107/2014ANNUALREPORT 011OW013--ANNUAL REPORT I0 Y0✓ 12—ANNUAL REPORT 0VO4/,23�i,;;_�AMAL REPORT 12/00120/0 — LC A nwdamnl 0110512010 --ANNUAL REPORT 01A5/2000 --ANNUAL REPORT 01/11/2008 -- ANNUAL REPORT 011182WI —ANNUAI. REPORT View image in PDF format View image in PDF formal View Imago in Por formal View Image in POF formal View image is PDF format View image in POF formal View Image in PDF fonnal� View image in PDF formal View image in PDF format View image in PDF format View Image in PDF format View image in PDF format Vmv image in PDF form at View image in PDF formal ao„m• o:ra.+' a ame, a.rtw� m co--rn.aio�: Page 2 of 2 http://search.sunbiz.org/Inquiry/CorporationSearchISearchResultDetail?inquirytype=Entity... 9/24/2019 f°tKRRfP CCdpary UsID E -Verify Dottie Dredge and Dock LLC A HOME CASES- PROFILE- COMPANY- REPORTS- RESOURCES- LOG OUT O View Original E161) Template Company Information .Y..(iF1:(!" I- lm Ca+> any fv l: u�ir p doing aau%i a s As i6 ) 1ddSlIE Flofids (kedge and Do&LLC nuns number 952'8659;6 Physical Lecati. Mailing Address ddresa t kddress 5665 latand ��eriue — nd-zss y Address 2 - City Cly Tarpon Springs — s FL — Zip Cade Zip Cade 34569 — Co tv PttiEL LAS Addittcnal Wcnaattan ampk,,, ide_ hcatia Rurcer Tabl flwm &Empicyeea Pa rani Organeau. 26=S;::Ta 26 to 99 — i,d.�, iniz[ralvr ✓kSa)iizztx. f Gesign.b.R Spicyer categary Federal Cont-memr Caegwy Employee Bemgi@nfiw Ferlera[ ConT actor wilb FAR E-Varkt Clause None of these m:e_ orr appt7 AJI new hires and all existing emptn ess assigned to a Federal contract View 7 Edit um-" Cade Total Hiring Sdes 3ual Polo's of Contad 237 - HEAYY AND C€4IL ENGINEERING 2 3 USf O View Original E161) Template EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Randy Hicks Bill Taylor Personnel Category Construction Superintendent Project Manager 10 Construction Services Agreement: Revised 072118 EXHIBIT B-1: PUBLIC PAYMENT BOND 19-7655 Bond No. 2872079 Contract No. 19-7655 KNOW ALL MEN BY THESE PRESENTS: That Florida Dredge and Dock, LLC 1040 Island Ave., Tarpon Springs, FL 34689 as Principal, and Great American Insurance Company as Surety, located at 301 E. Fourth Street Cincinnati OH 45202 (Business Address) are held and firmly bound to Collier County as Obligee in the SUM of Two Million Three Hundred Fifty One Thousand Dollars ($ 2,351,000 ) 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 day of 20 1 with Obligee for 2019 Collier County Dredging Projects, Solicitation: 19-7655 in Collier County accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(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 e& bg 20 111 , the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body. 11 Construction Services Agreement: Revised 072118 Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF //fgW id, COUNTY OF P„,re /l a,s PRINCIPAL Florida Dredge and Dock, LLC BY: /,/A NAME: ITS: The foreg�o�i/ng instrument was acknowledged before me this qday of , 20 by -��1 �^^ �1� F/e Tc� P/� as of a d tcorpora ' n, on behalf of the corporation. He/she is peAonally known to me OR has produced as identification and did (did not) take an oat . My Commission Expires: (Signature of ary) .��pYPVP iDOROTHY WtNNTINO _* * W COMMISSION # FF 871124 EXPIRES: June .5,2020 y�jFOFFIVJ Bonded11wuNotarypubli,Undwwdt m (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety NAME:_ O/zo 6� 1 4L -,F7-11-1016 (Legibly Printed) Notary Public, State of 1!,� Commission No.: _)rFc er711 a-cL SURETY: Great American Insurance Company (Printed Name) (Business Address (Authorized Signature) (Printed Name) 12 Construction Services Agreement: Revised 072118 OR `La)d. Mell6sa Beckworth, Account Manager Cl G li Witnesses Anita Waters, Account Manager STATE OF COUNTY OF Florida Hillsborough in Fact er of Attorney) James C. Congelio, Attorney -In -Fact (Printed Name) 1715 N. Westshore Blvd. Suite 920 Tampa, FL 33607 (Business Address) 813-498-1183 (Telephone Number) The foregoing instrument was acknowledged before me this 27th day of September 2019 by James C. Congelio I as Attorney -In -Fact of Great American Insurance Company Surety, on behalf of Surety. He/She is personally known to me OR has produced N/A as identification and who did (did not) take an oath. _ My Commission Expires: January 13, 2023 _ (Sign ture) Name: Melissa Beckworth (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: GG 260116 •4tss%t ;.,- MELISSA W COMMISSION O GG 260116 +y�a`,•� EXPIRES: Janusary 13.2023 °..F.R' 8orldbllxu PuDlclhberwrlters 13 Construction Services Agreement: Revised 072118 EXHIBIT B-2: PUBLIC PERFORMANCE BOND 19-7655 Bond No. 2872079 Contract No. 19-7655 KNOW ALL MEN BY THESE PRESENTS: That Florida Dredge and Dock, LLC 1040 Island Ave., Tarpon Springs, FL 34689 as Principal, and Great American Insurance Company as Surety, located at 301 E. Fourth Street, Cincinnati, OH 45202 (Business Address) are held and firmly bound to Collier County , as Obligee in the sum of Two Million Three Hundred Fifty One Thousand Dollars ($ 2,351,000.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for 2019 Collier County Dredging Projects, Solicitation: 19-7655 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: Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this � day of 20 ( the name of each party being affixed and these presents duly sighed by its undersigned representative, pursuant to authority of its governing body. 14 Construction Services Agreement: Revised 072118 Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF 141,4,11 COUNTY OF 19 14e - PRINCIPAL Florida Dredge and Dock, LLC BY: (� NAME: W' I/a ITS: —� , The foregoing instrument was ackn wledged before me this -& day of 20 lcj by rz -Yc/e e-10 as _ A of�/ A/ a z- 4--G– a _''/Q�Zs, _corporation, on behalf of the corp ration. He/she is personally known to me OR has produced _ as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) *e NO MYCOMMISS NFA ;*= ION#FF97171124 pp�� 7EP�I�X,RES: JuNobWne 5 2020 Unft"/, (Signature) Name: A2-12oL4Y (Legibly Printed) Notary Public, State of:�i4/�+ c�.J Commission No.: )C�4'9 ? 6,Z 15 Construction Services Agreement: Revised 072118 ATTEST: Witnesses as to Surety Melfi sa Beckworth, Account Manager Z&E�Zz fitness s Anita Waters, Account Manager STATE OF COUNTY OF Florida Hillsborough SURETY: Great American Insurance Company (Printed Name) (Business Address) (Authorized Signature) (Printed Name) O401(Ac rn y in Fact er of Attorney) James C. Congelio, Attorney -In -Fact (Printed Name) 1715 N. Westshore Blvd. Suite 920 Tampa, FL 33607 (Business Address) 813-498-1183 (Telephone Number) The foregoing instrument was acknowledged before me this 27th day of September 2019 by James C. Congelio , as Attorney -In -Fact of Great American Insurance Company , a Ohio Surety, on behalf of Surety. He/She is personally known to me OR has produced N/A as identificati fid who did (did not) take:a ath. My Commission Expires: January 13, 2023 (Sig ature) (AFFIX OFFICIAL SEAL) FF/r MEUSSABECMORTH -'t MY COMMISSION # GG 260116 ? :, P`, EXPIRES: January 13, 2023 ' '+ aYr�4 •° BmM TM1 Ndvy Pubk Ur� Name: Melissa Beckworth (Legibly Printed) Notary Public, State of: Florida Commission No.: GG 260116 16 Construction Services Agreement: Revised 072118 GREAT AMERICAN INSURANCE COMPANY(R) Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TWO No. o 20204 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JAMES C. CONGELIO BOTH OF BOTH JAMES N. CONGELIO TAMPA, FLORIDA $100,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 29TH day of MAY 2019 Attest GREAT AMERICAN INSU ANCE COMPANY 1YSUq - 3t Assistant Secretary Divisional Senior Vice President STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK vtcARIO (877-377-2405) On this 29TH day of MAY 2019 , before me personally appeared MARK VICARIO, tome known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. 00"�"r Susan A. Kol M Notary f'tlbMc, SfalRe of Ohio My Commis W Egkffl W1i3 2024 '9�a'-"_ a 'A4'�_Uy This Power ofAttorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof' to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this day of S1029AG (07/18) Assistant Secretary EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17 Construction Services Agreement: Revised 072118 O Cq U 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 falls 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 Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ❑ Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at htti)s:Hapos.fldfs.com/bocexemoU 2. ❑ Employer's Liability $ single limit per occurrence 3. ❑ Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $ single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ❑ Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 5. ❑ Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ _ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ _ Per Occurrence ❑ Pollution Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability ❑ Valuable Papers Insurance $ Per Occurrence $ Per Occurrence 19 Construction Services Agreement: Revised 072118 9 ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an Irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ❑ Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 10. ❑ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. 11. ❑ The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ❑ Thirty (30) Days Cancellation Notice required. Consultant's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Consultant Signature Print Name Insurance Agency Agent Name Date Telephone Number 20 Construction Services Agreement: Revised 072118 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 nal] Application for Payment No. fiTiPi�:�T9YiL'1 BY: Witness ITS: President DATE: Witness STATE OF COUNTY OF [Corporate Seal] 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) (AFFIX OFFICIAL SEAL) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: 21 Construction Services Agreement: Revised 072118 CqO EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier Count Board of County Commissioners the OWNER or Collier Countv Water -Sewer Owner's Project Manager's Name: Contractor's Signature: Bid No. Pro'ect No. Date: County's Division Name Purchase Order No. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended by: Submitted by Contractor Representative: Name Application Date: Date: Contractor's Name & Address: the above AMOUNT DUE THIS APPLICATION is recommended by: Payment Application No. Sign 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% through [Insert Date] $ Retainage @ 10% through [Insert date] $ Retainage @ % after Insert date $ Less Retainage $ Total Earned Less Retaina e $ Less previous payment(s Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Completed to Date: % Liquidated Damages to Be Accrued $ Remaining Contract Balance $ 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 rolect Manager Name: Sign Date: 22 Construction Services Agreement: Revised 072118 �q0 EXHIBIT D (Continued) SCHEDULE OF VALUES AnlwrName: ProlemhLmbu.. prle: '.. Pedod T¢ I4 Explanation for the two columns under Previous Applications: The Thus, Date Is where you will place all information until the contract is complete unless a release or reduction of retanage issue col 'into play. if this happens, all information opine the date of the %change in retainage is placed in the Thou Date column. Information after that date is placed in the Since Dale column. This states what has happened since the change In retainage. 23 Construction Services Agreement: Revised 072118 (_,1 U Exhibit D (Continued) Stored Materials Record Formula: A+B-C-D=E A B C D E Invoice Previously Date Description Supplier Number Received Received This Period Previously Installed Installed This Period Balance To Install 24 Construction Services Agreement: Revised 072118 EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http://bccspO1 /SiteDirectory/ASD/Purchasing/Forms1 /Forms/Default.aspx Change Order Form Contract 8:F-� Change#:= Purchase Or ContractorlFirm Name: Project Manager Nam£ Criginal ConhactWork Oder Amount Currant BCC Approved Amount Current ContacMak Order Amount Dollar Amountofthb Change Revised C onhacc'N! crit Order Total er#: PM*t#:� Project Name: Department: Original BCC Approval Date; Aq£nds Item # Last BCC Approval Date: Aminda Item# SAP Contract Expirstien Date {ivlsster) Total Change from Crigins l Amount Changefrom Current BCC Approved Amu Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proe� Original = Last Approved Revised Date Date Completion Dat Date tlnau}�tns cnaa7el #of Days Added SelectTasks Ol Add newtaskfs) O Deletetask(s) O Changetask(s) O', Other tseecgiAXf Provide a respanseto the following: 1.) detailed and specific eaplanationfratio nate of the requested change(s) to the task(si and 1 or theadditional days added (If requested): 2.) why this change was not included in the original contract; and, 3.) describe the impact N this change is not processed. Attach addhhnal Intormation 4om the Dezgn Professianai andlar Contractor dneeded. Prepared by: Uat-: (Pro)Kt Manager Name and Department} Acceptance of ihiz Change Order shall canstiiule a modifiaafian to<antract f warY.order id£ntrfied above arrd will tre zubjeci le all its same: terms and condelons as Contained in the contract f Work order Inditaled above, as fully as d the s3m£ Were stated in this acceptance. The adjustment. If any, to the contractsbailconsnMe a fall and final aettkn+nt of any anal all c[aims of the Contramr/ Vendor Consul amI Des Yon Professional arising out of or Waned to the change set fadh her£In, inking claims for 1mpect and delay costs. Accepted by: Dale: (DOniraci6rl ireRQOr/ cOn5pk3Rt t O£5ian PIOf£ssioR3l3Rd Nameof PNnI, it prOj<ci3pplicd6a) Approved by: Date: {Design FroiesshnalaM Nam£of Firm, dproject apPlloabV£) Approved by: Dat£: {Procvr£ment Professional 7I" ] r ? =1 B 3, ':"d3 on .a31_ F 'v,) 141M9t2 25 Construction Services Agreement: Revised 072118 O CqO EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: rn 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: 28 Construction Services Agreement: Revised 072118 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 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 0 CONTRACTOR Type Name and Title M81 OWNER accepts this Certificate of Substantial Completion on 120 OWNER Name and Title 27 Construction Services Agreement: Revised 072118 Cfj(J 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: 2s Construction Services Agreement: Revised 072118 9 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) 2s Construction Services Agreement: Revised 072118 9 EXHIBIT H: GENERAL TERMS AND CONDITIONS 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 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 30 Construction services Agreement: Revised 072118 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 i A O stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's procurement ordinance and policies. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 32 Construction Services Agreement: Revised 072118 CAO 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 CAU SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shal I carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will 34 Construction Services Agreement: Revised 072118 ��O 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 CA (} (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a) -(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all 36 Construction Services Agreement: Revised 072118 9 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 C,g t) 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 G 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE, 13.1 To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant i n the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B-3 to the Agreement. 39 Construction Services Agreement: Revised 072118 cAp 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 seo. 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 C;�Cj 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: htta://www.dhs.,qov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. 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 cert 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 �� 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 I 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 C`¢U 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 �iCl 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 �`{eJ 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 5.6, 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 O c9O 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherw ise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, 48 construction Services Agreement: Revised 072118 C9 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 ti} 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 �qO the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving ti me and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be ,.qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of 51 Construction Services Agreement: Revised 072118 1<l 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 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built' Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County 53 Construction Services Agreement: Revised 072118 t^q U 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 -FMO PScDcolliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing /will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans pri or to contractor's submittal for permitting. 54 Construction Services Agreement: Revised 072118 0' O 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 55 Construction Services Agreement: Revised 072118 r tf EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ❑ Not Applicable ❑X Documents to follow this page (containing 15_# of pages) 56 Construction Services Agreement: Revised 072118 C'q U EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract (including a purchase order). Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal, State, and local laws, regulations, codes and ordinances: o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 at seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Reporting: The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. EXHIBIT I - 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the County wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the County must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Changes: See Standard Purchase Order Terms and Conditions Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www,epa.gov/smm/comprehensive-procurement-guideline-cpq- p ogram Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C. in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, ortransfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. II. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to Instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. IV. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. EXHIBIT 1- 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES VI. The contractor will furnish all Information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. EXHIBIT 1- 4 CqU EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Clean Air Act and Federal Water Pollution Control Act: (over $150,000) (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 at seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 5 C9U EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES STATE PROVISIONS Equal Employment Opportunity: No person on the ground of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, otherwise subjected to discrimination. Discriminatory Vendor List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. Notification: The Contractor shall notify the County if it has been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. Record Retention — A. The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, the State, or its authorized representatives access to such records for audit purposes upon request. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Conflict of Interest: This Contract/Work Order is subject to chapter 112, F.S. The vendor shall disclose the name of any officer, director, employee, or other agent who is also an employee of the State. Grantee shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent (5%) interest in the Contractor's company or its affiliates. In order to comply with Florida Auditor General report 201 4-064 regarding conflicts of interest and to be consistent with Section 287, 067(17)(a)(1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitor to the FDEP, County, permittee and engineering consultant. Data Collection: All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found EXHIBIT I - 6 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES at: httDs:Hfioridadei).aov/water/beaches-inlets-ports/documents/monitorinq-overview-phvsical-monitorin Diversity — All contracting and subcontracting opportunities afforded by this solicitation/contract embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. Firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a Minority Business vendor. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915 Applicable Laws - The contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the County. The contractor acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. Local Preference — Pursuant to Section 255.0991, F.S. local vendor preference is not applicable EXHIBIT 1 - 7 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES IYSeI44:4aml.Yt�atre1 ■ w a _1 W_1, I EXHIBIT I - 8 Collier County Solicitation 19-7655 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1. Acknowledgement of Grant Terms and Conditions 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion 3. Certification regarding Lobbying 4. Anticipated DBE, MAMBE or VETERAN Participation Statement 5. Opportunity List for Commodities and Contractual Services and Professional Consultant Services 6. Conflict of Interest EXHIBIT I - 9 8/21/2019 2:44 PM c9 p• 40 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Solicitation 19-7655 Certification If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Florida Dredge and Dock LLC Date 09/09/2019 Authorized Signature 8/21/2019 2:44 PM EXHIBIT I - 10 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions Solicitation 19-7655 (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither It nor Its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Florida Dredge and Dock LLC 0 William D. Fletcher - Manager Name and Title 1040 Island Ave Street Address Tarpon Springs FL 34689 City, State, Zip 962801176 DUNS Number Sub -Recipient Name: Collier County Board of County Commissioners EXHIBIT I - 11 8/21/2019 2:44 PM C9 p. 42 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Solicitation 10-7655 COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT will be verified. Unverifabie statuses will require the PRIME to either protide a revised statement or provide source documentation that validates A. PRIME VENDOR/CONTRACTOR INFORMATION Florida Dredge and Dock LLC 20-5477741 1 2,351,000.00 I5THEPRIt,IEAFLORIOA-CERTIFIEDDISADVAtaAGED yBERAN y ® LS THE ACTIVITY OF THIS CONTRACT._ MINORITY 09 WOMEN BUSINESS ENTERPRISE? DBE? Y A CONSTRUCTION? N PBE(tdBF/WBE) OR HAVEA. SMALL OISADVANrAGEO B 8USINESSSA CERTIFICATION FROM THE SMALL BUSINESS MBE? 1' CONSULTATION? V ADMINISTRATION? A5ERVICEDISABLEOVETERAN? WBE? V Q OTHER? Y 0 NIdW 5088A? Y IS THOS SUBMISSION A REVISION? Y F YES, REVISION NUMBER. B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORD( OR ETHNICITY CODE SUB)SUPPUER PERCENT OF CONT ckCT VETERAN NAME SPECLALTY (See Below) DOIlAR AMOUNT DOLLARS Veteran I Titan 1QC - Turbiditvi O 1 50,000.00 1 2 C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR Florida Dredae and Dock LLC 1 09/09/2019 don floridadredpe.com 1 (727) 942-7888 1 (727) 942-7739 1 NOTE: This information is Used to track and report anticipated DBE or 638E participation in federally -funded contracts- The anticipated OBE or MBE amount is voluntary and will not become part of the contractual terms. This roan must be submitted at times, response to a solicitation. d and when awarded a County contract, the prime will be asked to update the informatim for the grant compliance ides. ETHNICITY CODE BlackAmerican SA Hispanic American HA Native American NA Subcant. Asian American SAA Askin-PacificAmerican APA Non -Minority Women NIdW other: not of any other group listed o D. SECTION TO BE COMPLETED BY COLLIER COUNTY EXHIBIT I -12 8/21/2019 2:44 PM 9 p. 43 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND tLHR0ite t i3t NT cs�WUANCtF0R%, PID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES .Y is the po1(,cil [oilier county thordfsadvont ged businesses and minohiy•vendors, as defined in the Cade of Federal Regulations([FR) 0-r Flop'd23tatufes IFS, must hove the ooponumn, r4 ontiiapfe on contracts with federof and(or state prom, owistance. Prime contractor/Prime consultant: Florida Dredge and Dock LLC Address and Phone Number: 1040 Island Ave Tarpon Springs FL 34689 Procurement NumberlAdaertisament Plumber: 19-7655 The list below is intended to be a listing of firms that are, or attempting to, participate on the project numbered aba.•e. The list must include the firm bidding or quoting as prime, as well as subs and suppliers quoting for participation. Prime contractors and consultants must provide information for Numbers 1, 2, 3, and 4, and, should protide any information they have for Numbers 5, 6, 7, and 6. Thisform must be submitted with the bill package. 1. Federal Tax m Number_ 46-37-00237b.e DBE DBE S. Annual Gross Receipts 2. Firm Name : Titan CAE Nan-DBERl.I X Nat -DBE ess than 51 million 3. Phone Number less than$imNlian 3. Phone Number: - etween$1-5 million Y. Address Between 51-5 million a. Address 4100 N. Wickham Rd etween $ 5-10 million 7.R Behveen 55-10 million Unit 107A-105 7.® Subcontractor 5ubcamuttantMore Between$ 10-15 million Melbourne, FL 32935 S. Year Firm Established: subcomuhant S. Federal Tax 10 Number: More than$ 15 million 5. Year Firm Established: 0. Annual Gross Receipts 2. Firm Name: A. Federal Tax lD Numbe[ b.® Less than $1 million DBE B.Annual Gross Receipts 2. Finn Name: Eastman Aggregate Bera"n $1-5 Million non -DBE a than 5l million 3. Phone Number 561-969-7147 7.� Subcontractor Betvreen$ 1_5 million a. Address 3705 Bellevue Ave Subconsultant Betdeen 53"10 mi Ilion Lake Worth, FL 33461 7.e Sub amractor Bet . lo-15mi9iot Subcomdhant More than 515 million 5. Year Firm Established'. 1. Federal Tax ID Number: 6. DBE a. Annual Gross Receipts 2. Firm Name: F--1 Nan-DBERl.I ess than 51 million 3. Phone Number etween$1-5 million Y. Address etween $ 5-10 million 7.R Subcontractorv,een510-15 million 5ubcamuttantMore than 515 million S. Year Firm Established: S. Federal Tax 10 Number: 6.B DBE 0. Annual Gross Receipts 2. Firm Name: Hca -DBE Less than $1 million 3. Phone Number Bera"n $1-5 Million S. Address BetAeen 5530 million 7.� Subcontractor Between 510.13 million Subconsultant Mora than$ 13 million S. Year Firm Established EXHIBIT I - 13 Solicitation 19-7655 8/21/2019 2:44 PM p. 44 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: Solicitation 19-7655 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. It any funds other than Federal appropriated funds have been paid or will be paid to any person for lnfluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering Into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Florida Dredge and Dock LLC Contractor (Firm Name) A/,ht 6 �- Signature of Contractor's Authorized Official William D. Fletcher - Manage Name and Title of Contractor's Authorized Official 09/09/2019 Date EXHIBIT I -14 8/21/2019 2:44 PM Cq p. 45 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CONFLICT OF INTEREST 19-7655 Collier County Solicitation No. Solicitation 19-7655 I, William rl Fiptrhpr Jr , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter. Fletcher Jr Manger 09/09/2019 Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of Interest laws and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party In a court or federal administrative proceeding if the government is a party or in order to comply with a judge -issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest Investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information Is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch -wide Privacy Act system of records. EXHIBIT I - 15 8/21/2019 2:44 PM CA9 p. 46