Loading...
Agenda 03/24/2020 Item #16C 5 (ITB #20-7696-ST w/SDP Consultants Corp.)03/24/2020 EXECUTIVE SUMMARY Recommendation to approve the award of Invitation to Bid (“ITB”) # 20-7696-ST, “Collier County Jail (J1) Kitchen Replacement and Safety Upgrades” to SDP, Inc. d/b/a SDP-Consultants Corp., in the amount of $1,763,302, and authorize the Chairman to sign the attached Agreement. OBJECTIVE: To replace the existing Kitchen in the Collier County (Naples) Jail, to improve the safety of Collier County Sheriff’s Office (“CCSO”) and Collier County Staff and to authorize the Chairman to sign the attached Agreement in the amount of $1,763,302 to provide the necessary funding to complete the project. CONSIDERATIONS: The Division of Facilities Management is responsible for providing the CCSO with appropriate facilities and equipment to operate securely. This project encompasses the replacement of the existing kitchen in the Collier County (Naples) Jail facility. The kitchen prepares, assists, or instructs inmate labor and/or team members in the preparation of a variety of food items in accordance with departmental work production standards, standardized recipes, and work instructions for an inmate population of over 1200 persons. The layout of the kitchen and much of the equipment is original from its opening in 1985. This project will be replacing the ventilation system, existing failing copper water and cast-iron sewer lines, outdated electrical, lighting and HVAC with energy efficient systems to improve the removal of cooking fumes, gas and condensation formed from the steam. Also, the kitchen equipment and configuration will be updated to better provide for supervision of labor, improved safety of the work environment, and to meet the demand of current food service requirements at the Collier County Jail facility. On September 4, 2019, the Infrastructure Surtax Citizens Oversight Committee validated that the Collier County Jail (J1) Kitchen Replacement and Safety Upgrades project meets the necessary requirement and is eligible to use Surtax Funding. On December 11, 2019, the Procurement Services Division issued ITB # 20-7696-ST, Collier County Jail (J1) Kitchen Replacement and Safety Upgrades, to 26,777 vendors. Vendors viewed 97 bid packages and the County received five (5) bids by the January 21, 2020 deadline as summarized below. Staff determined that four (4) of the five (5) contractors were responsive and responsible. Staff found DeAngelis Diamond Construction, LLC. non-responsive for failing to submit the required paperwork. The bid incorporates the following: • The Total Lump Sum Bid for Collier County Jail (J1) Kitchen Replacement and Safety Upgrades (election of either Alternate 1 or Alternate 2, as only one would be accepted); o Alternate #1 to provide a 6” sanitary grease line in lieu of base bid 4” sanitary grease line; o Alternate #2 to provide an 8” sanitary grease line in lieu of base bid 4” sanitary grease line o Alternate #3 to supply overhead conduits and power for Panels KEH & KE1 • The award will be made on the Total Lump Sum Bid plus Selected Alternates. Staff reviewed the bids received and concluded that SDP, Inc. d/b/a SDP-Consultants Corp. (“SDP”) is the lowest responsive and responsible bidder. Per staff’s recommendation, the basis of award is the base bid, plus alternates #1 and #3. Alternate #2 will not be awarded. The design consultant reviewed SDP’s bid documents (and all the bid documents) and references and provided the attached Design Entity’ Letter of Recommended Award recommending to award to SDP. Staff recommends that the contract be awarded to SDP, the lowest resp onsive and responsible bidder, based on the award of the total lump sum bid in the amount of $1,749,006, plus alternate #1 in the amount 16.C.5 Packet Pg. 537 03/24/2020 of $7,796, plus alternate #3 in the amount of $6,500, for a total contract amount of $1,763,302, which is 4.4% below the architect’s opinion of cost of $1,839,000. Finally, staff met with SDP on January 31, 2020 to confirm its understanding of the project’s scope of work. Company Name City County ST Total Lump Sum Bid Alt. # 1 Alt. # 2 Alt. # 3 Responsive/ Responsible SDP, Inc. dba SDP Consultants Corp. Miramar Broward FL $1,749,006 $7,796 $10,469 $6,500 Y/Y DEC Contracting Group, Inc. Naples Collier FL $2,018,461 $863 $1,383 $10,106 Y/Y DeAngelis Diamond Construction, LLC. Naples Collier FL $2,079,018 $862 $1,381 $10,094 N/Y Compass Construction, Inc. Cape Coral Lee FL $2,251,853 $1,100 $1,750 $10,900 Y/Y OneSource Construction Company & Builders, Inc. Ft. Myers Lee FL $2,595,360 $1,600 $2,400 $10,000 Y/Y The ITB also informed the bidders there might be unforeseen conditions associated with the project. The project quote incorporates an allowance of $125,000.00, which includes but is not limited to unforeseen conditions as determined by the County that may be encountered during construction. The price for any additional work shall be negotiated prior to commencement in accordance with the county’s Procurement Ordinance and the terms of the agreement. FISCAL IMPACT: The source of funding is Infrastructure Sale Tax, Fund (318). The funds are available in project 53007. The project is expected to be completed in Summer of 2020. In addition, the Surtax Committee validated the expenditures of $1,869,000 for the design, CEI, and the Construction for the Collier County Jail (J1) Kitchen Replacement and Safety Upgrades project and made a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: Recommendation to approve the award of Invitation to Bid # 20-7696-ST, “Collier County Jail (J1) Kitchen Replacement and Safety Upgrades,” to SDP, Inc. d/b/a SDP- Consultants Corp., in the total contract amount of $1,763,302, and authorize the Chairman to sign the attached Agreement. PREPARED BY: Claudia Roncoroni, Project Manager, Division of Facilities Management 16.C.5 Packet Pg. 538 03/24/2020 ATTACHMENT(S) 1. 20-7696-ST - NORA Executed (PDF) 2. 20-7696-ST- Bid Tabulation (PDF) 3. 20-7696-ST DELORA Letter Executed (PDF) 4. [Linked] 20-7696-ST SDP_Contract_VendorSigned & inicialed_with Bonds- (PDF) 5. 20-7696-ST SDP_Insurance 2-26-2020 (PDF) 16.C.5 Packet Pg. 539 03/24/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.5 Doc ID: 11799 Item Summary: Recommendation to approve the award of Invitation to Bid (“ITB”) # 20-7696- ST, “Collier County Jail (J1) Kitchen Replacement and Safety Upgrades” to SDP, Inc. d/b/a SDP- Consultants Corp., in the amount of $1,763,302, and authorize the Chairman to sign the attached Agreement. Meeting Date: 03/24/2020 Prepared by: Title: – Facilities Management Name: Elizabeth Torres 03/09/2020 4:18 PM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 03/09/2020 4:18 PM Approved By: Review: Procurement Services Sandra Herrera Level 1 Purchasing Gatekeeper Completed 03/09/2020 4:42 PM Procurement Services Sandra Herrera Additional Reviewer Completed 03/09/2020 4:43 PM Board of County Commissioners Jim Flanagan Additional Reviewer Completed 03/09/2020 4:44 PM Public Utilities Department Dan Rodriguez Additional Reviewer Completed 03/10/2020 10:49 AM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 03/10/2020 11:51 AM Procurement Services Priscilla Doria Additional Reviewer Completed 03/11/2020 9:00 AM Facilities Management Damon Grant Director - Facilities Completed 03/11/2020 9:16 AM Procurement Services Evelyn Colon Additional Reviewer Completed 03/11/2020 10:09 AM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 03/11/2020 2:11 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 03/16/2020 12:02 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/18/2020 9:23 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/18/2020 9:53 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/18/2020 9:56 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 03/18/2020 11:49 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/18/2020 11:52 AM Board of County Commissioners MaryJo Brock Meeting Pending 03/24/2020 9:00 AM 16.C.5 Packet Pg. 540 16.C.5.a Packet Pg. 541 Attachment: 20-7696-ST - NORA Executed (11799 : Approve the award of Invitation to Bid # 20-7696-ST,“CC Jail Kitchen Replacement) Bid Tabulation Project No:20-7696-ST Procurement Strategist:Lisa Oien Notices Issued:26,777 Project Title:Collier County Jail (J1) Kitchen Replacement and Safety Upgrades Project Manager:Ayoub Al-Bahou Bid Pkgs Viewed:97 Bid Date:21-Jan-20 .Bids Received:5BID TABULATION Design Entity's Bidders:SDP, Inc. dba SDP Consultants Corp. DEC Contracting Group, Inc. DeAngelis Diamond Construction, LLC Compass Construction, Inc.Onesource Construction Company & Builders, Inc Opinion of Cost BASE BID:General Conditions $396,464 $95,915 $170,751 $178,868 $141,180 $210,000Site Demolition of Temporary Kitchen trailers utilities $9,919 $5,592 $2,665 $6,563 $8,000 $35,000Site Restoration $5,952 $6,391 $3,708 $21,189 $30,000 $8,000Demolition$81,517 $74,293 $78,798 $101,994 $87,000 $30,000Concrete & Masonry $58,067 $70,192 $55,739 $69,195 $85,000 $50,000Structural Work $33,992 $1,065 $0 $13,650 $20,000 $5,000Roofing$14,249 $11,716 $26,410 $11,550 $20,000 $40,000Interior Construction & Finishes $246,285 $603,803 $251,501 $590,099 $558,180 $160,000Specialties & Equipment (Commercial hood)$38,338 $133,874 $163,626 $126,000 $30,000 $175,000Fixtures and Furnishings (Kitchen Equipment and Security Furnishings)$492,004 $504,365 $776,745 $530,385 $630,000 $540,000Plumbing$74,348 $91,867 $132,790 $130,417 $170,000 $90,000Fire Protection Systems $23,760 $17,362 $17,319 $10,815 $82,000 $7,000HVAC$61,711 $86,808 $64,573 $126,998 $210,000 $230,000Temperature Controls $8,000 $24,644 $24,889 $24,675 $35,000 $20,000Electrical$66,220 $152,207 $169,469 $167,475 $300,000 $90,000Fire Alarm $500 $8,787 $8,766 $9,900 $28,000 $7,000Tel-Data $880 $1,278 $2,975 $3,360 $10,000 $2,000Security$11,800 $3,302 $3,294 $3,720 $26,000 $7,000Bid Sub-Total $1,624,006 $1,893,461 $1,954,018 $2,126,853 $2,470,360 $1,706,000corrected subtotal (+$1.00)OWNER ALLOWANCE $125,000 $125,000 $125,000 $125,000 $125,000 $125,000 Total Lump Sum Bid $1,749,006 $2,018,461 $2,079,018 $2,251,853 $2,595,360 $1,831,000one dollar less on contractors tab ALTERNATE BIDS: Alternate 1.Provide 6" sanitary grease line in lieu of base bid 4" sanitary grease line $7,796 $863 $862 $1,100 $1,600 $2,000 Alternate 2.Provide 8" sanitary grease line in lieu of base bid 4" sanitary grease line $10,469 $1,383 $1,381 $1,750 $2,400 $2,800 Alternate 3.Supply overhead conduits and power for panels KEH & KE1 $6,500 $10,106 $10,094 $10,900 $10,000 $6,000 Selection of either Alternate 1 or Alternate 2, as only one would be accepted SELECTED ALTERNATES: 1 and 3 $14,296 $10,969 $10,956 $12,000 $11,600 $8,000 Alternates selected: BASE BID PLUS SELECTED ALTERNATES:$1,763,302 $2,029,430 $2,089,974 $2,263,853 $2,606,960 $1,839,000 NOTE: Breakdown of trade values is for the purpose of bid analysis and for the development of historical cost informationNOTE: Award will be made on Total Lump Sum Bid plus selected Alternates. BID SCHEDULE 16.C.5.b Packet Pg. 542 Attachment: 20-7696-ST- Bid Tabulation (11799 : Approve the award of Invitation to Bid # 20-7696-ST,“CC Jail Kitchen Replacement) Project No:20-7696-ST Procurement Strategist:Lisa Oien Notices Issued:26,777 Project Title:Collier County Jail (J1) Kitchen Replacement and Safety Upgrades Project Manager:Ayoub Al-Bahou Bid Pkgs Viewed:97 Bid Date:21-Jan-20 .Bids Received:5BID TABULATION Design Entity's Bidders:SDP, Inc. dba SDP Consultants Corp. DEC Contracting Group, Inc. DeAngelis Diamond Construction, LLC Compass Construction, Inc.Onesource Construction Company & Builders, Inc Opinion of Cost Completed Bid Schedule Completed Bid Forms: (Solicitation pages 3-13) Bid Response Form (Form 1)Yes Yes Yes Yes Yes Exhibit N - Contractors Key Personnel Assigned to the Project - (Form 2)Yes Yes Yes Yes Yes Material Manufacturers (Form 3)Yes Yes Yes Yes Yes List of Major Subcontractors (Form 4)Yes Yes Yes Yes Yes Statement of Experience of Bidder (Form 5)Yes Yes Yes Yes (2 references)Yes Trench Safety Act Acknowledgement (Form 6)Yes Yes Yes YEs Yes Bid Bond (Form 7)Yes Yes Yes Yes Yes Insurance and Bonding Requirements (Form 8)Yes Yes Yes Yes Yes Conflict of Interest Affidavit (Form 9)Yes Yes Yes Yes Yes Vendor Declaration Statement (Form 10)Yes Yes Yes Yes Yes Immigration Affidavit Certification (Form 11)Yes Yes Yes Yes Yes Vendor Substitute W-9 (Form 12)Yes Yes Yes Yes Yes Bidders Checklist (Form 13)Yes Yes Yes Yes Yes Copies of required information attached Company's E-Verify Profile Page or MOU verified on-line Yes Yes Yes Yes Copy of Active Registration with Current FL Divisions of Corporations Yes Yes Yes Yes Yes Copy of Active General Contractors License with Depart. of Business & Professional Regulation Yes Yes Yes Yes Yes Copy of Local Business Tax Receipt (Collier County)N/A No Yes N/A N/A Acknowledgement - Receipt of Addendum Addendum #1 Yes Yes No Yes Yes Addendum #2 Yes Yes No Yes Yes Addendum #3 Yes Yes No Yes Yes Addendum #4 Yes Yes No Yes Yes Addendum #5 Yes Yes No Yes Yes Strategist: Confirm validity w/FL Divisions of Corporations on-line Yes Yes Yes Yes Yes Strategist: Confirm validity of GC License w/DPBR on-line Yes Yes Yes Yes Yes Strategist: Confirm Insurance and Bonding Requirements Yes Yes Yes Yes Yes Strategist: CONFIRM ALL BID DOCUMENTS COMPLETED AND SIGNED:Yes Yes No signed Addendums Yes Yes Contractor's Office Location:Miramar, FL Naples, FL Naples, FL Cape Coral, FL Ft. Myers, FL County:Broward Collier Collier Lee Lee Opened By:Lisa Oien Witnessed by:Barbara Lance BID SCHEDULE 16.C.5.b Packet Pg. 543 Attachment: 20-7696-ST- Bid Tabulation (11799 : Approve the award of Invitation to Bid # 20-7696-ST,“CC Jail Kitchen Replacement) ——— #AA-C001836 ——————————————————————————————————————————————— FORT MYERS NAPLES 1500 JACKSON ST .#200 FORT MYERS, FL 33901 949 CENTRAL AVENUE NAPLES, FL 34102 PH: 239.278.3838 FX: 239.275.5356 PH: 239.643.3103 I N N O V A T I O N A N D P E R F O R M A N C E I N A R C H I T E C T U R E - P L A N N I N G - I N T E R I O R D E S I G N February 03, 2020 Lisa Oien Procurement Strategist Collier County Procurement Services 3295 Tamiami Trail East, Bldg. C1, Naples Florida 34112 RE: 20-7696-ST CCSO Jail Kitchen Replacement and Safety Upgrades We, nor our Engineering consultants, have knowledge of, or have worked, with SDP Inc. dba SDP. However, we contacted the references given by the contractor as part of the bid response. From the information we received from the references that replied to our inquiry, we take no exception to moving forward with the award of contract to SDP, Inc. dba SDP for this project, given that they have met all the requirements of Collier County Procurement Services and the bid solicitation. I have attached for the record the responses received from the references. Further, we have reviewed the final bid tabulation and find the total bid amount, with alternates, to be comparable to the Architect’s estimated cost for the project. The bid number including owner contingency is $1,749,006.00 was 4.5 % below the BSSW Architects Inc.’s base bid cost opinion of $1,831,000.00. We recommend accepting alternates 1 and 3 for an additional cost of $14,296.00 bringing the total contract cost to $1,763,302.00. This total remains 4.4% below the BSSW cost opinion of $1,839,000.00. We therefore can recommend award of this contract to SDP Inc. dba SDP Should you have questions or need additional information please feel free to contact me anytime. Best regards, David A Bamesberger, AIA 16.C.5.c Packet Pg. 544 Attachment: 20-7696-ST DELORA Letter Executed (11799 : Approve the award of Invitation to Bid # 20-7696-ST,“CC Jail Kitchen Replacement) Appendix H2 – Template - DELORA Vendor Reference Check Log VENDOR REFERENCE CHECK LOG Solicitation No.: 20-7696-ST Reference Check by: David Bamesberger Solicitation Title: CC Jail Kitchen Replacement & Upgrades Date: 01-28-2020 Bidder’s Name: SDP, Inc. dba SDP Consultants, Corp Phone: 239 215-1086 Design Entity: BSSW Architects Inc. REFERENCED PROJECT: Project Name: Apotex Pharmaceutical Project Location: Miramar, Florida Project Description: 310,000 Sq Ft Parma Production Facility Completion Date: 12-30-2019 Contract Value: $50,000,000 Project Owner/Title: Sherm Realty Owner’s Address: Ontario Canada Phone: 705 619-2659 Owner’s Contact Person: Larry Rock VP Facilities E-Mail: Ljrock@gmail.com 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 7. Additional comments: Has used them on several projects and continues to use them as maintenance consultants. 16.C.5.c Packet Pg. 545 Attachment: 20-7696-ST DELORA Letter Executed (11799 : Approve the award of Invitation to Bid # 20-7696-ST,“CC Jail Kitchen Replacement) Appendix H2 – Template - DELORA Vendor Reference Check Log VENDOR REFERENCE CHECK LOG Solicitation No.: 20-7696-ST Reference Check by: David Bamesberger Solicitation Title: CC Jail Kitchen Replacement & Upgrades Date: 01-28-2020 Bidder’s Name: SDP, Inc. dba SDP Consultants, Corp Phone: 239 215-1086 Design Entity: BSSW Architects Inc. REFERENCED PROJECT: Project Name: Apotex Distribution Center Project Location: Indianapolis, Indiana Project Description: Pharmaceutical Distribution Center and ongoing projects Completion Date: 12-30-2019 Contract Value: $4,500,000 Project Owner/Title: Apotex Pharmaceutical Owner’s Address: Weston, Florida Phone: 954 614-9962 Owner’s Contact Person: Jim Rodebush Facilities Manager E-Mail: jrodebush@apotex.com 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 7. Additional comments: SDP continues to supply supervision and construction. 16.C.5.c Packet Pg. 546 Attachment: 20-7696-ST DELORA Letter Executed (11799 : Approve the award of Invitation to Bid # 20-7696-ST,“CC Jail Kitchen Replacement) Appendix H2 – Template - DELORA Vendor Reference Check Log 16.C.5.c Packet Pg. 547 Attachment: 20-7696-ST DELORA Letter Executed (11799 : Approve the award of Invitation to Bid # 20-7696-ST,“CC Jail Kitchen Replacement) Appendix H2 – Template - DELORA Vendor Reference Check Log VENDOR REFERENCE CHECK LOG Solicitation No.: 20-7696-ST Reference Check by: David Bamesberger Solicitation Title: CC Jail Kitchen Replacement & Upgrades Date: 01-28-2020 Bidder’s Name: SDP, Inc. dba SDP Consultants, Corp Phone: 239 215-1086 Design Entity: BSSW Architects Inc. REFERENCED PROJECT: Project Name: Baked Project Location: Marietta, Georgia Project Description: Restaurant Kitchen and Dining Area Completion Date: 10-17-2017 Contract Value: $850,000 Project Owner/Title: Scott Bianculli Owner’s Address: Atlanta, Georgia Phone: 954 614-9962 Owner’s Contact Person: Scott Bianculli / Owner E-Mail: scott@bakeithappen.com scottbianculli@gmail.com 1. Was project completed timely and within budget? (If not, provide detail) 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) 3. Was the construction process performed satisfactorily? (If not, provide detail) 4. Did the process run smoothly? Were there any changes? Describe below. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? 7. Additional comments:NO RESPONSE TO TEL OR EMAILINQUIRIESSEE ATTACHED 16.C.5.c Packet Pg. 548 Attachment: 20-7696-ST DELORA Letter Executed (11799 : Approve the award of Invitation to Bid # 20-7696-ST,“CC Jail Kitchen Replacement) Appendix H2 – Template - DELORA Vendor Reference Check Log VENDOR REFERENCE CHECK LOG Solicitation No.: 20-7696-ST Reference Check by: David Bamesberger Solicitation Title: CC Jail Kitchen Replacement & Upgrades Date: 01-28-2020 Bidder’s Name: SDP, Inc. dba SDP Consultants, Corp Phone: 239 215-1086 Design Entity: BSSW Architects Inc. REFERENCED PROJECT: Project Name: CB&I Facility End Stamp Building Project Location: New Hope, Tennessee Project Description: Greenfield Site New Construction Building Completion Date: 10-30-2009 Contract Value: $650,000 Project Owner/Title: Chicago Bridge and Iron Owner’s Address: Woodland, Texas Phone: 713 805-5909 Owner’s Contact Person: Tim Butzke Senior Project Manager E-Mail: Tim.butzke@medermott.com 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes, no changes from SDP 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? Yes 7. Additional comments: Tim had no issues and would use SDP again 16.C.5.c Packet Pg. 549 Attachment: 20-7696-ST DELORA Letter Executed (11799 : Approve the award of Invitation to Bid # 20-7696-ST,“CC Jail Kitchen Replacement) Appendix H2 – Template - DELORA Vendor Reference Check Log 16.C.5.c Packet Pg. 550 Attachment: 20-7696-ST DELORA Letter Executed (11799 : Approve the award of Invitation to Bid # 20-7696-ST,“CC Jail Kitchen Replacement) Appendix H2 – Template - DELORA Vendor Reference Check Log VENDOR REFERENCE CHECK LOG Solicitation No.: 20-7696-ST Reference Check by: David Bamesberger Solicitation Title: CC Jail Kitchen Replacement & Upgrades Date: 01-28-2020 Bidder’s Name: SDP, Inc. dba SDP Consultants, Corp Phone: 239 215-1086 Design Entity: BSSW Architects Inc. REFERENCED PROJECT: Project Name: Starplex Scientific Project Location: Cleveland, Tenessee Project Description: Design Build Bottling Plant and ongoing projects Completion Date: 12-30-2019 Contract Value: $7,800,000 Project Owner/Title: Sherm Realty Owner’s Address: Ontario Canada Phone: 647-801-7965 Owner’s Contact Person: Frank Cermina E-Mail: fcermina@yahoo.com 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes, no changes 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 7. Additional comments: They continue to use SDP and have competed two projects with them. 16.C.5.c Packet Pg. 551 Attachment: 20-7696-ST DELORA Letter Executed (11799 : Approve the award of Invitation to Bid # 20-7696-ST,“CC Jail Kitchen Replacement) 16.C.5.c Packet Pg. 552 Attachment: 20-7696-ST DELORA Letter Executed (11799 : Approve the award of Invitation to Bid # 20-7696-ST,“CC Jail Kitchen Replacement) 16.C.5.c Packet Pg. 553 Attachment: 20-7696-ST DELORA Letter Executed (11799 : Approve the award of Invitation to Bid # 20-7696-ST,“CC Jail Kitchen Replacement) CONSTRUCTION AG1155MENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with SDP, Inc. d/bla SIDP-Consultants Corp ("Contractor") of 14359 Miramar Pkwy Ste., 343, Miramar, FL 33027, a Corporation, authorized to do business In the State of Florida, to perform all work ("Work") in connection with Collier County Jail (J1) Kitchen Replacement and Safety Upgrades, Invitation to Bid No. 20.7696 -ST ("Project"), as said Work is set forth in the Plans and Specifications prepared by BSSW Architect Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract documents, A. The Contract Documents consist of this Agreement, the Exhibits described In Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duty executed and issued addenda, Change Orders, Work Directive Changes, Feld 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: One Million Seven Hundred Sixty -Three Thousand Three Hundred and Two Dollars ($1,763,302.00) , Section 4. Bonds, A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit 9-1 and n-2, in the amount ur 10o% 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 buslness 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. ov/c570lc570.h I#certified. Should the Contract Amount be lass construction Services Agreemont: Revisod 072118 CAO than $500,000, the requirements of Section 287,0935, F.B. shall govern the rating and classification of the surety. B, If the surety for any bond furnished by Contractor Is declared bankrupt, becomes Insolvent, Its right to do business is terminated In the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval, Section 5. Contract Time -and L.iauidated_agmaes_.. 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 Data. No Work shall be performed at the Project site prior to the Commencement pate. Any Work performed by Contractor prior to the Commencement Date shall bo at the sole risk of Contractor. Contractor shall achieve Substantial Completion within One Hundred Eighty (180) calendar days from the Commencement Date (heroin "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 achiove Final Completion within Thirty (30) calendar days after the date of Substantial completlan. 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 Six Hundred Sixty -Five Dollars ($1,865.00) 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 ba 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 hislher 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 falls 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 z / Canstrucllon ServlGes AgrecmenL• Revised 472118 / CA(} or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which Is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, tho 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 obllgations 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. l;xhlblts Incorporated, Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #20 -7G96 -5T "Collier County .fall (^ Kitchen Replacement and Safety Upgrades." Exhibit A-1; Contractor's Cid S0adula Exhibit A-2; Contractor's Bid Submittal Forms and Addendums Exhlbli A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Band Forms [] Not Appllcable Exhibit 8-2: Performance Bond Forms ❑ Not Applicable Exhibit B-3; insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 P-'—' Constwellon Services Agraement: Revised 072116 9 Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions ❑ Applicable 91 Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #20.7696 -ST "Collier County Jail (J1) Kitchen Replacement and Safety Upgrades." The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync,com/bidsync-cas/`­, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ❑Exhibit K: Permits ❑Exhibit L: Standard Details ZExhibit M: Plans and Specifications prepared by BSSW Architect Inc. 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 Facilities Management Division 3335 Tamiami Trail East Naples, Florida 34112 Attn: Claudia Roncoroni, Project Manager Phone: 239-252-8380 Email: Claudia RoncoroniCc)colliercountyfl.goy 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: SDP, Inc. d/b/a SDP -Consultants Corp. 14359 Miramar Pkwy Ste. 343 Miramar, FL 33027 Attn: Tom Kral, Senior Vice President, CEO Phone: (423) 298-1017 Email: tkraID-s&-consultents.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. Construction Services Agreement: Revised 072118 CAU 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 road as follows: "A person or affiliate who has been placed on the convicted vendor list follewing a convlctlon for a public entity crime may not submit a bld on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9, Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties Intended to be bound by it. Section 10. Successors and Asst ns. Subiect to other provisions hereof, the Agreement shall be binding upon and shall Inure to the benefll of the successors and assigns of the parties to the Agreem ent, Section 11. Governitici Law. The Agreement shall be interpreted tinder and its performance governed by the laws of the State of Florida. section 12. No Waiver. The fallure 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 walver of any such provision or provisions or of its right thereafter to enforce each and every such provision, Section 13. Entire Acire.emant. 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. Severahllity, Should any provision of the ,Agreement bo determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 6 Consiruction Services Agreement: Revised 072116 0 Section 15. Change Order Authorization, The Project Manager small have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures, Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fartiLl$ 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. U Conslructlon 5orvlcea Agreement: Rftlsed 072118 C; AU IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) Indicated below, SW ITNESSES' FI WITNESS Print Name � 9 —TE—O—ND WIT SS Print Name Date: - L21- �— ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller BY: Approved as to Form and Legality: Assistant County Attorney Print Name CONTRACTOR: SDP, Inc. d/b/a SDP -Consultants Corp By: Print Name and Title Da e OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Burt L, Saunders, Chairman 7 cu[istruGtlorl Services Agreement: Revised 072118 A EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAO 8 Construction Services Agreement: Revised 072118 rZ Op Project No: 20.7696 -ST Project Title: lCollier County tali li Kitchen Replacement and Safety Upgrades Bid Date: 1/21/2020 BID SCHEDULE BIDDERS SDP, INC, dba SDP CONSULTANTS CORP BASE BID: General Conditions Site Demolition of'remporary Kitchen trailers utilities Site Restoration Demolition Concrete & Masonry Structural Wok Roofing Interior Construction & Finishes Specialties & Equipment (Commercial hood) Fixtures and Furnishings (Kitchen Equipment and Security Furnishings) Plumbing Fire Protection Systalus HVAC Temperature Controls Electrical Fire Alarm Tel -Data Security Addendum H3 Bid Sub-TotalSub-Total $1,624,0 OWNER ALLOWANCE 125 000 ITotal Lump Sum Did $11749 D06 TOTAL BID ALTERNATE BIDS: Alternate 1. Provide 6" sanitary grease line ht lieu of base bid 4" sanitary grease line $7,796 ALTERNATE Alternate 2. Provide B" sanitary grease line In lieu of base bid 4" solitary grease line S10.469 ALTERNATE Alternate 3, supply overhead condults and power for Panels KEH & I(El $6,500 ALTERNATE NOTE: Breakdown of trade values Is for the purpose of bid analysts and for the development of historical cost Information NOTE: Award will he made on Total Lump Sum Bid plus selected Alternates, BID SCHEDULE CAU EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) Construction Services Agreement: Revised 072118 CAO rORM 1 -1310 RESPONSE FORM BOARD Or COUNTY COMMISSIONERS COLLIE It COUNTY, FLORIDA Collier County Jall (A) Kitchen Replacement alttl Safety Upgrodes BID NO, 20 -7696 -ST Fulfil Name of Ridder 1 Ibg SQPCo tants COQ Main Business Address 143i� it P v 431-927 place gfl3usinessQ2(1 SW 4�f'�'rrCqr 1, FL 33914 Telephone No. Fax No, State Contractors License if QBC 12612233 slate of Flnricla Certificime of Authority DockimeniNtimberx, 1500090169 Federal Tax Identiftotttlon Number 04559274 DUNS If 028273128 CCRY Cage Code 6Lc� To: BOARD OF COUNTY CbMMIS51oNBRS OF COLLIER COUNTY, rLORIUA (herelnafter called the Owner) The undersigned, as Ridder declares that the only person or partics IL1lerestcd In this Bid kis princtpats are those na►ned herein, that this Bid is submitted without colltlslatl with Ray other person, firm ar corporation; Ihnt It hits careftllly examined the locatlorl of tilt proposed Work, t11e proposed Form of Agreement and all othCr Contract Documents and Bonds, and the Contract Drawings altd Speaillclttlllns. Bidder proposes, and agrees if this Bid is accepted, Bidder Evill execute the Agreeinctlt included in the Bidding Docurltents, to provide All necessary machinery, loois, apparatus, and other means of construction, including utility and transportation services rlecessuly to do all the Work, and furnish all tilt` tllaterials atld equipment specified or rcfcrreti 10 in the Contract >7ocut1lents 1n the manner and tune herein prescribed and according to the requirements of the owner as therein set (Nall, fill•nish the Contractor's Bonds and lnsuvatica SpeCtfSed illi the Gellernl C011dit'o 3 of the Contract, Qnd to do tell other things required of the COnil'actor by the COnlrflct woutrients, and that it will lake full pltyment the skims set forth In the foll0%ving BidSchcdLllC: tilan Ivo in rther are 111Rclvel-tently p ovideit prices shall be d, rounding toIn 110 `tivo tleclntal polnils will be conducted by Procut ame l Scrvie s Division staff, CAU FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Collier County Jail (J1) Kitchen Replacement end Surety Upgrades Bid No. 20 -7696 -ST Name Personnel Catnory Joe Mhrore - Construction Superintendent John Whetcott - Project Manager cno FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255,20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below, if an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list, Complete and sign section A 43B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm,1 confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications, Company: ,SDP. It' a Dba SDP Consultants or Signature; (/ Date: 1/17/2020 Section B (Exception requested to (aid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER Please insert additional pages as necessary, Company: Date Signature: plc FORM 4 - LIST OF MAJOR SUBCONTRACTORS THIS LIST MAST BE COMPLETED OR 310 MAV BE In- EMCD NON-RRSPONSIVE The undersigned states that dre rollowhtg is u list of the proposed subcontractors for the nrnjor categories owlitled is the requirements of tine 131d specifications, The undersigned acknowledges Rs responsibility for e118urirtg that the Subcontractors for the major' categories listed hertin are "quallfiod" (as defined in Ordinance 2417.08 and Soclion 15 or irts1ructions to Bidders) and meet all legal requirements .applicable to and necessitated by rite Contraot Documents, including, but not limited to proper licenses, Cerli6icnlions, registrations and insurance coverage. The Owner reserves the right to disgttnlify tiny Bidder who Includes non-compliant or non-qualified Subcontractors In its hid ofrar. Further, the Owner may direct tilt Successful Bidder to remove/replace any Subcontractor} at no udditionttl cost to owner, %vilicll Is found to be non-compliant with this mqut rerncnt either before or after tiro lssuaneo of Clio Awm'd of Contract by Owner. (Attach addiliorial shoots as needed). Further, kite tindorsigned ucknowledgos and agrees that promptly after the Award of Commot, and in accordance with tho requirements of the Contract uomumeols, the Sucaes NI Bidder shall identify ail Subcontractors it intend& to use, on the Prglect. The undersigned tlrrdtcragrees that all Subcontraclors subsequently identiriod For any Port'son of WUk an titis project must be qualified as noted above. Major Crttegoty or Work l Subcontractor and Address I. Site T Roo 4, ldentlfy other st bcontractors that represent more than 10% or price or that affect lite rritica) uatl7 of the schedule Comprtny: P r c (lb.0 SDP o ltnn a' /Z� _ Date: law—029- 5ignaiure: �.� CAU FORM S STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement, 1, Baked (Project name) Marietta, Georgia Scott Binnculll (Project owner) Scott Blancuili (Project location) (Owner's address) Restaurant Kitchen and Dining Area Atlanta, Georgia Owner (Project description) (Owner's contact person) ('title) 4/1/2017 thru 10/17/2017 - $850,000.00 678-850-5607. – scott(dlbalceithaupec►.cont -. seottblaneulli&ntull.cotn 6maii) es] (Con (Project stall/cotnpletion(Contract value) (Phone) 2. Apotex Distrihulion Cenlet Apotex 1'harntnecutichl (Project name) lndlanapolis, Indiana (Project location) Pharmaceutical Distribution Center and on- 2015thru 2020 $4,SOO.00U 00 (Project start/cornpletion dates) (Contract value) (Email) 3. CB&I Facility End SL119110391141119--- (project amp llullding___ (Project name) New Home, Tennessee_ (Project location) Greenfield Site New Construction Building_ 5/1/2009 thru 10/30/ZOU9 __ S650 00 .00 (Project start/cumpletlun dates) (Con(t•nct value) (Project owner) Weston, Florida ----_-.--_- -- (Owner's address) Jint•Rodebuglt Rosi..• ��'-- 954614 9962 irodebushi<ttanotex.cottc _ (Picone) Chicago -- (Project owner) Woodland, ex—as (Owner's address) 'rile Butzice _ _ Settlnr_P_rnlect.M4r._ 113._805.L909 tim butil<etrtimcticrmott.eom (Phone) (Gtnail) Apotex 1'hnrmAceulicnl (Project name) (Project location) Design Build 310,000 SF Pharmn Productlon Facility__._ _ (Project description) 2/1/2017 thru 1/15/2018 S50 000.000.00_ (Project completion date) Sherm Real (Project owner) Ontario, Canada (owner's address) _Larry Rocic Ex. VP racllitics (Owner's contact person) _ (Title 705-619-2659 ItroLMD.Lpma11 cora -- (Contract value) (Phone) (Email) __— Star lex Scientific (Project name) Cleveland, Tennessee (project location) Design Build Bottling Plant and on-AolP9—__, 7/6/2009 thru 12/30/2019 S7 800 000.00 (Project completion date) (Contract value) (Project name) locatio») __ (Project description) Sherm Realty - — (Project owner) Ontarlo, Cjwacla___.� (owner's address) 647-801-7965 fc—cr—M na-CLO ahoq.Conl (Phone) (Email) (Project owner) (Owner's t�ddress) �. (owner's contact person) Y ....._.. (Title S (Project completion date) (Contract value) (Phone) (Email) Company: SD In . dba Sll Co tan s or Date: 1/17/2020 Signature: CAO FORM 6 -TRENCH SAFETY ACT Bidder acknowledges that included In the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90.96, Laws of Florida) effective October 1, 1990, The Bidder further identifies the cost to be sunrtnarized below; Trench Safety Units of Unit Unit Extended Cos Measure Measure (911ttit Cost (Description) L SY 1. 8' Traffic barrier LF 148' _ $3,708.00 2. LF _ 36' _ $1.122.QQ 3. LF 226' _ $8,576,00 4 LF 2251 _ _$11,516.00 6. 1124' 1.00 NOTE; Number 3 & 4 are Alternates 1 & 2 Respectively TOTAL S'.U98 00 Failure to complete the above may result in the Bid being declared non-responsive, 9& Company; Signature.. Mxo CAO Collier 8oilcliallon 20•169"T KNOW AIX i\ -IFN BY THFSF PRF.SFNTS, that we SDP, Inc,, DBA SDP Consultants Cor (hcrcin after called the Principal) and American Contractors netnnity Coml)Y , (herein called the Surety), a corporation chartered and existing under the laws of tile State nl' CQ with its principal offices in the city of CA and authorized to do business in the Stale of FL arc held and firmly hound onto the Collier Count r (hereinafter called the Owner). In the full and just sum of ivc�ercent o t e tote amount I dollars (5 (Sgfi) ) good and lawful money of the United Stales 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 Hid for furnishing all labor, materials, equipment and Incidentals necessary to furnish, Install, and fully complete the Work on the Project known as Bid No. 20.7696 -ST -Collier County Jail (J1) Kitchen Replacement and Safety Upgrndes, NOW, TT-IFRF,FORE, if lite Owner shnll accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Onmer and within tea stays after the date oro written Notice of Ativan) In accordance with the terms orsuch Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as speclfled in the Bidding Documents or Contract Documents with good and sufficient surety for the fn)thtid performance of the Agreement and for the prompt payment of labor, materials and supplies Il►mished in the prosecution titereuf or, int the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bunds, and deliver to Owner the required certi(leates of insurance, If the PRINCIPAL shall pay to the OBLIGEE the flxcd sum of S__(5 noted above as liquidated damages, and not as a penalty, as provided In the Bidding Documents, then this obligation shall be null and void, otherwise to remain In full force and offecl, iN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and seated this 21st day of January , 20 20 . BY SDP, Inc., DBA SDP Consultants Corp. American Contractors Indemnity Company Surety (Seal) Todd A. Stein (AltorneyTn•Fact) Countersigned NI k Principal (Seal) Appointed Producing Agent for N/A Upon notification that its Bid has been awarded, the SuccessAd Bidder will execute the Agreement form atitiched to,th6 Bidding Documents within ten (10) calendar days and deliver the Surety Bund or Bonds and losurance Certificates as regttived b) the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement. hnsuraace Certificates and Bonds arc not executed and delivered to Owner within the time above set forllt, as liquidated damages, for the delay and additional expense to the Owner, it being recognizod that, sluce time Is of the essence, Owner will stiller f)ntmcial loss if tine Successful Bidder fails to execute and deliver to owner the required Agreement, insurance Certificates and Bonds within the required time period. la the event of such failure, the total amount of Owner's damages, will be difficult, ifnot impossible, to definitely ascertain and qunntify. It is hereby agreed that it is appropriate and fair that Owner receive Ilquldttted damages fhnn the Successful Bidder ht the event it fnits to execute and deliver the Agreement, insurance Cerllficatos, and Bonds as regtth•ed hereunder. The Successful Bidder hereby expressly wolves and relinquishes any right which it nnay have to seek to characterize the above noted liquidated donnnges as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages et the time ofbidding if the Successtbl Bidder foils to execute and deliver the Agreement, Insurance Certificates, and Bands in n timely manner. Upon receipt ot'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 I roceed unless the Pmjcct Manager, In writing, subsequently notifies the Contractor of a modified (later) commencement dole, The undersigned !lather agrees to substantially complete all work covered by this Bid within One hundred Eighty (ISO) consecutive calendar days, computed by excluding the commencement date and Including the last day of such period, and to be fully completed to tine polut of filial acceptance by the Owner within Thirty (30) consecutive calendar days after Substantial Completion, computod by excluding commencement date and including the Inst day of such period, P. 12!10!2019 1:41 PM e CAO R . ec u�1y_Submitw. State of Flodde _ County of arow8r Thotnea W, Kra) _ _ , _ _ _ _ _ being first duly sworn on oath deposes and says that the Bidder on the above Bid is orgaikod as indicated and that all statements herein made are ►nude on behalf of such Biddor and that this deponent is authorized to make them. Thomas W. Kral _ __ ._,,.__� _, also deposes and says that it has examined and carefully prepared its Bid fi'om the Bidding Documents, including the C:ontrnct Drawings and Specifications and has chcoked the same in detail before submitting this Bid; that the statements contained herein are true and correct. (n) col-poratio The Bidder is a corporation organizod and existing under the InWA 011110 Sade of Tennessee , which operdies under the legal na ne of SDP Ina dba GDP Conoultenls Corp, and the full names of its officers aro as follows: President Suranno P, Kral ...__ _. Secretary Dantel E. Kral Treasuror,Kathy Kullsek ~ _� Managei;Thonw9 W. Kral d rli , ~+-�fl — �„��A��ry n m+rl Hyl+^F+uLinr: ie I,---i,u.flnahod(ytrike out this lost sentence if not applicable). (b) QuJ..ft=cT§h]Q The Biddcr is :t co -partnership consisting of individual partners whose full »aures are us follows: The co -partnership does businoss under the legal llaino of (c) hldiviL9 and if operating under a trade name, said The Bidder is an individual whose full Millie is wade name is _ Complete for information contained in (a) Q ggla irk, (b) Co-Pnnnership or (o) Individual from previous paso, DATED Tuesday, Jenuary 21, 2020 —^__._...--, Devid Kulisak . ......... WiOtcss s0r Inc, DDA SDPConsuilanls Corgi Legall.'sntity _ BY: Thomas W. Nauru of B9dc er (Typed)�� _......T. - Signature Vice President STATE OF rto_rido — COUNTY OF Droward Che foregoing instrument was acknowledged before ale Thomas W, Kral , as Vice President n.\mnrvtien. on behalf of the corporation, 14y Commission Expires'. r� /� gG�7i,G[Tl� Vc �j o- W 0 NAME: Title this 2b day of Jo2020 by Of _SDP Inc dbtt 5DP C,OpSuliiiil��4ti?t_- —r 8 r�ier+p la rtarsonallv_kll_own to mo or has produced (AlrltlX O1-1-ICIAL SEAL) Notary all oath. d)D _ M SifliC Of r !~^ NATACHA BREA " MY COMMISSION # GG068284 �!! ,, + EXPIRES gecembor 27 2020 ( CAO TOK10 MARI I Rjf, . POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TO(AS BONDING COMPANY UNiTE 0 STATES SURETY COMPANY U,C SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contrsotors Indemnity Company, a Callfomn a corporation, Texas Bonding Company, an aasumad name of American Contractors Indemnily Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurenceampany, a Texae corporation (collectively, the "Compan*V), do by these presents make, constitute and appoint: aft Mcauete, Todd A, Stein or Mark Levinson of Cleveland, Ohio Its true and lawful Attomey(s)n-tact, each In Ihdlr aeparsto capacity If more than one Is named above, with full power and authorily hereby conferred In Its nam , place and steed, to execute, acknowledge and dellver any and all bands, recognizances, undertakings or other Inst uments or contracts of suretyship to Include riders, amendments, and consonts of auroty, providing the bond penalty does not exceod """Six M1111on Five Hundred Thousand*""' Doll"M { e.6t)4.44U,40•" y, This P war of Attorney shall expire wllhout further action on April 2 , 2022. This Power of Attorney Is granted under and by aulhoriiy of the following resolutions adopted by the Boards of Directors of the Companies: �ti ff +�OSafV6d, that the Pr9sldent any VICa-Preoldenl, any A99191antVlce•Pfeeldeni, any Secretary or any Assistant Secretary shall bo and Ir hereby vested with full powor And authn IV to appoint any ono or mare sultahlo persons as Allornsy(a)-01,FaCt to represent and act for and an behalf of the Compnny, rfubjaet to ilia foltowing p►ovlelona: Arfanlay-in-Fact may be given full pmvor and aulhor ly for and in Ilia name of and an behalf of the Company, to execute, acknowledge and deliver, any and all bonds. lecppnixanCas, Ca tracts, agreements or Indemnity and other conditional or obligatory undertakings, Includlno any and all conhunts for lho relaese of ralolned per anlages andfOr final aeornatee on engineoring and construction conlfecls, and tiny and all nolleae and dooumenis osrtceling or terminating the Cam sny's lioblllty thefoundor, and any buch Instruments so exactlted by any such Altomayln,Facl shall he binding upon Ilia Company no Italgnod by the osident and sealed and aitaciod by tho Oorporale SscrelPry, Be it Rez;&Vdn that the eignotur of any authorized offoor and coal of the Comppny heretofore or hereafter affixed to any power of attorney or arty cerlllicale relating thereto by fee Imlle, and any powor ofattorney ar aerlifiaate bearing facalmlle algnalure or raosimlla seal shall be valid and binding upon ilea Company with reapeci t Any hand or undeidaking to which 1t le attached. IN WITNESS WHEREOF, Th Companies have caused this instrument to be signed and their Corporate seals to be hereto affixed, this 1" day of June, 2018, A NRICAN CONTRACTORS INDEMNITY COMPANY YEXAS BONDING COMPANY U ITED B �g�$UR8TIGC PANY !7, t:QLAANCE COMPANY StakeotCktlifornia,+ B Catrnly of LOS Angeles ra,r y' Cantel P, Aguilar, Vies President A Nalwy Public or other offf ar completing fills r attlffcate wsrffiaa only the identify of the individual who signed the document to Whfnh lisp ,+aYNrrr!am la ARnnl ,m9. anti nni rhn rtllthhilaoss. anauradv. or veldlty of fhal documenl On this 1't day of June, 20181 1 3efore me, Sonic O, Carreto, a notary public, personally appeared Daniel P, Aguilar, Vice President of American Conifaciors Indemn ly Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me a t the beals of satisfactory evldenca to be the poraon whose name Is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his eignottfre on Ilia Instrument the person, or the entity upon behalf of which the person acted, executed the instrument, I certify under PENALTY QP i[0ERJURY tinder the laws of the Slalo of Callfornid that the foregoing paragraph Ia true and correct. WITNESS my hand and offtcia seal. wa►atuluo Sa li : YSgry _ 2iyy�lt'an I litl�n Signature - -- (seal) 11ra►n.r,WNq n.t01i 1, Klo Lot Assistant SecrataV Amerloon Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty I aura rice Company, do hereby certify that the above and foregoing Is a true and correct copy of a Nawar of Attorney, exerutnd by rfald ompantes, which Is still In full force and affect; furthermore, the resolutions of the Boards of Diraclors, set out In the Power of Attornc are In full force and eNacL 1 Ine a Whefeof, 1, - ave orounlo get my hand and affixed the seals of said Companles at Los Angeles, California thln day of 4 sao k,Q• Corporate Seals t iaiyj, ,ie N ' n+ �; o•iwywr gyp. ,� yof.i.4r ^ry��lY,'Jrr} r,,...•„•.�y Agency Bond No. n filo, 0120 +'a Lu m � � „,. , Y ”, { Klo Lo, Asei Secretary --� -- t4a�4r;n� ;r;g�,' kccsrenriranasr�ato visit imhoo.comisurety for more Information c.r�U �r 6-1 ft OAO I FORM 8 - INSURANCE AND BONDING REQVlREMtNTS The Vendor 911411 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 Consuitatit, Subcontractors, agents And employees of each and all of them, all damages covered by propetty 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 $hail be responsible for purchasing and maintaining its own liability insurance. Certificates Issued as a resuil of the award of this solicitation must Identify "For any and all work performed on behalf of Collier County", ar, 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 shell contain a severability of interests provisions. The Ceiiifloate 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 Offtoe (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. Coverage] 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. 'rhe Vendor and/or Its inswAnce carrier shall provide thirty (30) days written notice to the County Of policy cancellation or non -renewal on the part of the Insuranco carrier or the Vendor. The Vendor shall also notify (lie 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 (lie insurance coveragefsl required herein, the County may terminate the Agrhea ed t [f at its sale discretion shall be authorized to purchase such eoverageW and charge the Vendor for such coverageW p e 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 Agecennent or any other agreement between the County and Vendor. The County shall he under no obligation to purchase such insurance, nor shall it be responsible for the coveragc(a) purchased or the insurance company or companies used. The decision of the County to purchase such Insurance coverageW shall in no way be construed to be a waiver of any of its rights under the Contract documents, If the initial ol. any subsequently Issued Certificate orInsurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewed or replavement Certificate(s) of Insurance not later (hall ten (14) calendar days after the expiration date on the certificate. Faiiurc of the Vendor to provide the County with such renewal certificate(s) shall be considered Justitication for the County to terminate any and Fill contracts. Cat.} Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits I. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Go'mpensation coverage or a Certificate of=Exemption issued by the State Of Moil. is requlrpd, Entities that 'are .formed as Sole PraprietorshlpS shall not,be reggiredto:proJide a proof of exemption. An application for exemption can be obtained online atltas !/apps'fldfs com/bocezemud 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 s-1,000,000—single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorNendor in tine 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 $ Per Occurrence ❑ United States Longshoreman's and Harborworkees 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 tinder this Agreement, $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions S Per Occurrence 7, ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal 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. OAQ $. EJ Per#'ormance and Payment Bonds 9. 10 12 bond In ea sum equal to 501a of the cost proposal. All checks shall be m;id0 payable to the Collier Cotnnty Board urCounly Commissioners on a bank or trust compat►y loctlWlin the State of Florida and insured by the Pederal Deposit 10suriitic0 t:01WI-000, For projects In excess or$200,000, bonds shall be submitted with the executed cotitracl by Proposers receiving award, and wrikten for 1 o0% of the Contract award amount, the cost borne by the Proposer rocelvilig tilt award, The performance and Payment Bonds shall be underwritten by a sorely 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' sui'pitis, all as reported In the most current Hest l(ey Raling Guide, published by A.M. Best Company, Inc. of 75 Fulton Sheet, New York, New York 10038, 0 Vendor shall ensure that all subetintractors comply with the sanne insurance t'equie0n1en1s that lie is required to meet. Tho same Vendor shall provide County with eertificates of instivance nie sting the required Insurance provisions. Q Collier County must be nanied as "ADDITIONAL INSURED" on the Insurance Cortitioaie for Commercial General Liability where required. This insurance shnil bo primary and non-contributoty with respect to any other itisurattca niahltalned by, or available for tho beneilt of, (lie Additional Insured and the Vendor's policy 5111111 be endorsed accordingly. E The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners la Collier County, OR Collier Cutnnty Government, OR Collier County. 'I'lic Certirwates of Insurance must state the Contract Number, or project Number, or specifle Project description, or must read; 1:or nny and all work performed on behalf of Collier Comity. E) on siI cerrlficntes, the Certlfienie Hnld@i' must rend: Collier Counly Board of Cominissioners, 3295 Ttimlarni Trail Ensi, Naples, FL 34112 13. D Thirty {3G) Days Citncellatlon Notice required. 14. Collier County sltnll tlraeuro alit) Ipahiulili Builders Risk 1nsura1iae on all Con .trucilou projects where It is.deemod necassary. Suoki coverage shall be endorsed to cover the interests of Collier County as well its the Coalractor. Premiums shall be billed to the prgiect and (110 Cutitroctor sliall not 111011100 Builders R15k pretniintis Ill Its project proposal or prgjeot 01111ngs. Ali gnostlons regarding Builder's Risk lnsurnnCo will be addressed by the Colder Catttity Risk Management Divislon 1219!19 - CC Vendor's lnsuranee Stetemeni We understand tilt: insurance requiretiloills of these speclrncatlons and that the evidence of insurability may be required within five (5) days of the award of this sollcitation. The iltsurance submitted must provldo coverage ror a minim nti of six (G) montlis from the date or award, Name of Fli'rn a7l_j' llu d SDP Consti nits, G }L Date 0 QQ Vendor Slgnattire �- Print Name •Tam K — Insurance Agency first Agent Name a Telephone Number 423 6G• $..AiLt -, C'Ai) 5Y011. e'Y C-l?r4."ty AdmNalratlY0 Seftes DapaNniont pn:c,uamunl Snnvicas C9�Lw FORM 9 - t' orWI.tU oil 1lKi'mins'r AFFIDAVIT The Vendor certifies that, to the best of its knowledge and Mier, the past and Currcm work on Any Collier Cnunty project ot'tlliawd with this solicitation does not pose an organizatiotal conflict as described by one Of the throe categories below, Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Colllcr County projeot identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and teohnloal direction for tho prucurctlicnt) which appears to skew the compctitloo in favor ofuly firm, impalreti objectivity — The flrul Vias 1101 pertartned work on an affiliated past or current Collier County project identified above to evaluate proposuls 1 past perrormnnce or itself or a aampetitor, which calls into Question the contractor's ability to render impartial advlce to the government. Unequal access td lnPoratatiott — Tito firm hai nal Itad acoess to nonpublic information AS pall of lts perforttiance of a Collier County projeot. identified above which may have provided the colitractor (or an at'fliime) with all unfair competitive advanlage ill current or future solichations and contracts. In addition to tltis signed aftidevll, the contracto0 vandor must provide the follawitrg; 1. A!1 documents produced as a result of the work completed in the pnsl or currently being worked on for the above-mentioned project; und, 2. lttdicnte if tile information produced was obtained its a mutter of pt -W ' c (in the "sunshine") or through lion�ptibliq (not iri the "sunshitle") conversndon (s), tneeting(s), docuntent(s) and/or other means, result InQI disclose all oan aiisl�f'f'ilfaned with theiel n011c or rtbove rarer ncedtprujeof Ile lct(s)�tagar fes above, be identified, Wray By the signature below, the firm (employees, utTicers and/ar agents) oartltlos, anti hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planted interest ur activity {financial, oontractual, organizational, or otherwise) whlah relates 10 tire project identified above has been fully disclosed and does not pose all organizational confllet. pirm: SPP. Inc. An s r Silttilut'e and Date: print Marne: Torri Kral Title OfSigrratary; Se ' e Pa s'd • t^Ei Co e* Cuat� 4ty AdIn1111ttreUve &®Ivl0a4 Reparonertil I�f9411fiIh1M1t g.3Y.IE46 [1f.154� FORM 14 • WNdOR Drct.AILITIon STATEMENT BOARD OV COUNTY COMM ISS IOi UM5 Collier County Government Complex Naples, Florida 34112 Door Commissioners: Tho undersignod, as Vendor declares that this responsc is made +vithoui connection or MT11.17Sell' e'It with any other person and this proposal is in evory respect fair and made In good fhltil, wllhout collusion or fraud. The Vendor agroes, If this sollcitatiatt stlbmIttAl is scct;pted, to execute a Collier County document for the purpose of emblishing a formal contrnctual relationship betwoon the firm and Collier County, for he perfomtiance oral mquiremonts to which the solleltatlon pertains- The Vendor states that tho submitted Is based upon ilte documents listed by the above reforenced Solicitation. Furlhar, the vendor agrees that if awarded I contract for these goods andlor services, lite vendor will not he aligiblo to compete, submit a pt'oposnl, be awarded, or perform es a sub,yeudorfor any future amelnted wish rvvr•k shut is a result of this awarded enntraet. '),XA f�T tl , 20 in ilio Countyof TN WIiCRf:DF, WE have ot�u �t su Scribed our names on Illi day of in the state or.�b Firirt's tegtsl Namc: SDPInc. dbd SDP ConsUltants Cor 14359 Miramar Pkwy Ste, 343 Address; Mi.raniar, FL 3367.7 City. Stale. Zip Cada: F1150090031 9 Florldn Certifleate of Authority Document 45-5$5222 Nutnber Federal Tax o Identificatlon Numhar *CCR li or CAOR Coda *Only Iroram Funded 'relepli one: 423-298-2017 Signnitire by: (Typed and wrllton) Title; 'oro Kral SR VP- CFO W '`, NNArACHA MRi!?q...... MY ROMMI3810N N Ot3o592% ; EXPIRES DeceMbfir 2/ 2010 i + f' r fI r <Cr Addlfleml Contact Wfarmntlan Send pilylncnis to;' (1'egnired If di(Nrem Rom Compkiny name usod as payee above) colltttct name: David Kulink Controller Title: 14359 Miramar pkwy Ste. 343 Acldrew Mirranlar, FL, 33027 city, stnte, ZIP 423-309-5259 Telephone: C1 kltilgt'�f [1�5t� 1�WDRltIIilllisX0111 Finaii: Office servicing Collier Caunly to place orders (required if different 8'0111 ;t6avc) Contact name; Tom Kral CEO 'title; 2020 SW 44"'ferr, Address: Cape Coral, FL 33914 city, Stele, LIP 423298-1017 Telephone: &111c i )5t11•oumg.�t tin s. Emil: Socai,dary Contact for Na ach r this solicitation: Cmni1; 1`11�re nt7T}P�cclnaulit111ts.ctym 954-598-3317 OMCO 954-51-7724 Phone: lie 1-0 . . ... ....... r Ca . �e-r Comity Adi nlstrmtivaServicesDoorlmenl pwiraroa"H se+4,cas Ovison FORM I 1 - LHIMIGRATION AFFIDAVIT CUTIFICATION This AFfSdavIt is required and should be signed, notarized by an aalhovized principal of the firm and submitted with formal sollcitotion submittals. Further, Vendors are required to enroll In tits F, -Verify program, and provide accepiable evidence of their vnroliment, at the time of the submission or the Vendor's proposal. Acceptable evidence consists or a copy of the properly completed E•Verify Company Profile page or n copy ofIli e folly executed E-Verlty Memorandum of 0 iWo rstand Ing For the company. Fipllurt tg htclude tis Afftivit gild a ce i blc evitience or en l me t III flia ¢- et'l rt► i' la de r tl a odor` s nor ro9nnnslve, Collier C(1tinty will not intentionally award County contracts to any Vendor who knowingly etrtploys unautllorized alien workers, constituting a violation (11'010 employment provision contained in R U.S.C. Section 1324 a(e) Section 274A(o) of the lmmigrotion and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized alions a violation of Section 274A (e) of the INA. Such Violation by the reciple» t of the Employment Provisions contained in Secticvn 274A (e) of the INA shall be grounds for unilateral torntinaUon crilre contract byCoIllerCounly. Vendor attests that they are fully compliant with all applicltblc Immigration iaws (specifleally to the 1986 Inunlgration Act and subsequent Ainwidment(s)) and agrees to comply with the provisions of the Memorancitim of Understanding with E-Verlf + and to provide proof ofenrollrnenl in The Enrploytnam Eligibillty Vdrification Symem (E-Veri(y), oporated by the Dopwinnent of l-lomaiand Security in partnership with the Social Security Administrative at tiro tijilo orsubmissiotl of tilt. Vendor's proposal. Compaily NamcsInc.,' r Print Name 'Tom Krol Title Sr, 'Vice President - CEO 5igltaltuo Date .,till 02 Stott of Florida Coutnty of LUE _ The signee of these Affidavit sutuattttes, ns evidenced by the sworn nffidavil required herein, the truth and accuracy of this affidavit to interrogatories hereinafter ranch, Conimisalon No.: .1168139 S17P 111c, PC— A[? Ca tar CoKnty A64nistmlNa SWAM Oepwtment piocAnownt Somrm mtiw FORM 12 - VENDOR SUBSTITUTE W — 9 Request for Taxpayer Identification Number and Certification hi accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax repotting purposes fi-om 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) mquh•es 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 at proposal, 1, General Information (provide all information) Taxpayer Name SDP, lnc dba Spl' Consultants Corp (as shown on income t(u• r olurn) Business Name (if dij)er•eni from► larpayer nante) Address 14359 Miramar Pkwy St% 343 City ,Miramar State Florida Zip 33027 Telephone - 42a -309-525 Email dIkuliseli{{�. D consultants Order Information (Must be filled ont) Retntt / Payment Information (Must be filled out) Address 2020 SW AAd1 Terr. — Address ,14359 Miramar PkwX Stn 34 City e Coral.State LL Zip 33 914 City jvjiramar State f L Zip X3027 Ennall tk,•al s L) -consultants com Email dikulisek a d n -consultants com — 2, Company Status (check onlyone) ^Tax Exempt (Federal income tax-exempt entity t.nnuea t.,lauuuy %.vn,N9"1-Y under Internal Revenue Service guidelines 11kc(D ^ nlEng r (lie to ltva G,if Ctio nrallon, P = Parntersitlp) 501 (c) 3) 3, Taxpayer ltlentification Nt►mb(,-r (for lax )'OPO"ting ptrr•Poses Only) Federal Tax identification Number (TIN) 45.5559274 (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: Certificatlotr Under• enallieN o/ wild y, 1 cert1 V that the infor•nration shown ort dtls farm is correct to nr>> knowledge. Signature pate 1/17/2020 Title Senior VP - CEO Phone Number 423-298-2017 CAv FORM 13 - BIDDERS CHECIC ST 1MP011TANTt Please rend enrefully, sign 11, tUe slaae+:s indicated n:td return with your laid. Biddat'should check 0Ireach or (110 following items as the neacssary action is completed, 1. The Bid has been signets. 2. The Bid prices ofTered hnve been reviewed. 3, The price extensions and totals have beonchcoked, 4, Bid Schedule Inas been completed nridattached. 5. Anyrequircd drewvings, ctcscrlptive literature, eta. have been h�ctuded. G. Any dellvery inrnrmption i-oquired is inchided, 7, Tho following on-line standard doenments have been lvviewcd In Bldsync: I, Consirucdon bid Instructions forth 2. Cottslructiott servicesagreemem 3, purchase order ternts and conditions 13. All of the following bid forms have been completed and signed: I. Bid Form (Form 1) 10. 2. Contractors Key personnel (Fort112) 11 3. Materinl Manuractuk'ers (Form 3) 4. List of Major Subcontrnators (Forrn4) 12. S. Statement of Fxperlent:e (Form 5) 13. G, 'rrench Snfety Act (Form G) 14. 7, Bid Bond Vona (Forst 7) 8, Insurance and Bonding Requirements (17011n 8 8) 15, 9. conflict of lnteresl Affidavit (form 9) Vendor i7eclarntJan Stntatseut (Form 10) Immigration Law AfficluvitCertificntion (Form 11) Vendor Substitute W•9 (FOrnl 12) Bidders Checklist (Fenn 13 — this form) Business tax Receipt (Collier County Dosinesses only) Sigpod Grants Provisions Package (if appilcable 9. Copies of required info:•rnatlon ltnve beetIngached I , Compfltty's C -Verify prolilo page or memorandum ofunderstanding 2. Certificate of Authority to Conducl Business In Siete of Florida 3, Any required professional licenses --solid and current (Ie; General Contractors license, Underground Utility and LxcKvatiort, Builders, Trade Contractors, etc., as Applicable,:•egttested nndlor required.) 10, If required, tilr antotunt of Bid bond has been checked, mid the Bid band ot• cashier's check has been .mibinitted. I , Anyaddenda have been signed and acknowled&oment form rutached Mid Included, 12. The Did will be uplonded in film to be received no Inter tltan cite specffled gaaAMLIto q do lines. otherwiso the Bid cannot be c❑,tsidel-ed, Tom Kral Bidder Name _ A Signature & Title Sr. VP -CR Date 1/1712020 t',tt1 119/2020 License Applicalion Statue - CltyVisw Portal License Application Status 1 Notn: You can collhpar+ ANtl oxpand indlvldunl Sections by cllcklAq the kendnr or Iha sertlon Vail Wlgh to cullePGnlvNp+rid• Llconso Applicatlorl Summary Applleatlan Number: LCCZOZO0000011 EvslnoNs NAmO; SDP INC DSA SDP -CONSULTANTS CORP License Type: Contrat:tor Applir.001, Stets: AcdWl Descoption of Ouslnuss; Mallina Address: 14354 MIRAMAR PARKWAY MIRAMAR Fi. 33027 c)Kn ALr$1 Safi -CONSULTANTS. CUM Issuanr:os Type Unto Issued BUIL01NG CONTR.-CLR(OXED 01/09/2[]20 Sub+ri{ttala '/here are no suUmlttals for thle Ilcenso aPpllcotlorT, Reviews Date WIMP status Number 08/31/2020 Active 204000000011 + I',,, ;'i - It Ic1 There are no reviews for this nr-ensa appuratlnn. ., rnsuranca Producer Type Policy Offectiva Date EXPITy 08#n Limit FIIt5T VOLUNTEER Ceneral Liability ENPOS43095 0611412019 06/19/x020 $3,000,000.00 INSURANCE: AGENCY, INC EkplNbtlon Processed; N4 Producer Phone Number: 4236694716 FIRSTVOLUNTUR Workar's EWc 0505751 0H/-0/2010 OV20/2020 INSuRANCE AGENCY, Cornpansatlon INC eXplfatlon Processed; No Producer Phone Number: 42:!6684716 h14pRt:IlcvparRai. calllareaunlyll.gaV(ChyViewWehILICOftsa/5tatu6?IlCangeld'81613120 c f LC Z `O q7- r E Q U O w H r 0 OG W W Li W N V W Z a N u v' �- e;i i ++ t C O U G1 LL l. ' a++aV .-Du, O W��� �.,t L1 1�yty`w}{m' V►' nci Os O LL -Z � � 7 'A F � 4 � P . � r '-N') t � 4,-( t� I p., I•Y W C 'O C W //! t .: 4 e 'C i f�r r(� • �.4f ' 1lQlhJ! L fC 4 rLL Y ,. J Y } 1 $S r ',' U O 4S Ln ovi c W Z m u O O = O. •� i LD O .� � a p0 State of Florida Department of State I certify from the records of this office that SDP -CONSULTANTS CORP is a Tennessee corporation authorized to transact business in the State of Florida, qualified on July 20, 2015. The document number of this corporation is F15000003169. I further certify that said corporation has paid all fees due this office through December 31, 2020, that its most recent annual report/uniform business report was filed on January 6, 2020, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my !rand and the Great Seal of the state of Florida at Tallahassee, the Capital, this the seventh day of January, 2020 Secreteny of'State Tracichrg Number: 8863294577CU To authenticate this eertilicate,visit the following site,cnter this number, and then follow the Instructions displayed. https://services.sunbiz.org/Filings/Cel.tificateofstatus/certifienteAutlrentication CAS 113012020 r: -verify Welcome Suzanne Kral Company I Company Name SDR lnc, Company ID Number 1495864 Doing Business As SDP Consultants DUNS Number 078273128 Physical Locatle Address 1 2020 SW 44th T+ Address 2 City Cape Coral state El_ Zip Code 33914 County LEE rmation 13A) Name I orp Mailing Address Address 1 14359 Miramar PE Awn Address 2 Sulte 343 City Miramar Slate FL Zip Cods hops:lie-verlfy.uscis,g4Vlweb/Em ploy E -Verify, employer Mord - Company Informatlon �;;I' LQLIJ 112812020 33027 Additional Inform Smpioyar tdentlficatk 455559274 Total Number of Smpl 10 to 19 Parent Organization Administrator organization Dos 1=mployer Category None of these ca View I Ed NAILS Code 236 - CONSTRU View ! edit Total Hiring Sites 1 View ! Edit Total Points of Conte 3 View I E-Varlly: EmployarVVIzRrd -Company Informatipn on Number evil ation Dries apply ON OF BUILDINGS View Original MPU Template /i�l��.hR�ilJ�1] t�.4 • . 14 Last login, 01128/2020 US, Department of H I,ups:lla-veri(y,usCla.gQV/W9b1E 5 AAO id Security rwixard.aepx viow 1110.1I,.I 1/2812020 U.S. Cltlzenship and lmmlg�e11011 Services Enoble Permanent'T Accesslbllrty Downlood Viewers hltps:Ile-vsrify.uscle. E-Verlfy; Employer Wizard • Company Information Detail by Entity Natne Flu��rL�rtrsuv..ut ���rt jaaaLFjLUtLW.aM i 0flj6 i W P�a1Sr M ! 9Ld r A61g1! AY �O� �tlttlher 1 Detail by Entity Name Foreign Prant Corporation SOP -CONSULTANTS CORP Croee Raferengo Nefnn SOP INC F Fling Informatlan Document Number F15000003169 F511EIN Number 45.5556274 Date Filed 07120/2015 State TN Status ACTIVE PKInclool Ad�res� 14359 Miramar Parkway Sub 343 Miramar, FL 33027 Changed: 01/0612020 NaMnan 14359 MIRAMAR PKWY - STE, 343 MIRAMAR, FL 33027 Changed; 0111412019 BegiRtarc e & Add KIM }ORAL. SUZANNE_ 2420 SW 44th Terrece Cape Coral, FL 33614 Name Changed: 10(2312017 Address Changed: 0110612020 grfice0birogtor Name & Addraee Title CP KRAL, SUZANNE 2020 SW 44th Terrace Cape Coral, FL 33914 Page 1 of 2 i)IVi*m,j r,F C4 -AWAY M1U /< --- http:/)Seal-cli.sunbiz.org/inquiry/Corpoi'ationSearci}ISeai-eliResultDetaii?inquii-ytype--Entity... 217/2420 G Detail by Entity Name Alta VCVP KRAL, THOMAS W 2020 SW 441h Terrace Cape Coral, FL 33914 Tllle DS KRAL, DANIEL 714 Cherry Street CHATTANOOGA, TN 37402 Page 2 of 2 Annual Renarta Report Year Flied 135te 2018 0212612018 2019 03!1912049 2020 0110612020 13poument lmaeatlmetlat o�rof r2 -• ANNUhI HEL' VlnwDnrga In P13r formol 03IiSl12of U •• ANNUAL RE?ORT Viow imp fn Pi)F Inmlal 0111N2010 -• R_ea. A9jjSl+anuu Vlew Image In FIN rOMIAt ,Jiaw Imnge In PDF Inm al i;In Anom ChumVNnV ansae m Pop IrmLnl r^ r .. View Vnepo In PDF fnfhlal yp _REPQVlaw Imnrla In For, format M)1081�1 1-4jIjNLlAL UEPORi Vmw Imegc In FIN rarmnl W1,; m1L••E%nam = viewImaonInFor-•moot fww qI-I m-'01 III Lf. g1A111h OCAS I""i I, lir http:llsearch.suiibiz.argllnquirylCorporWtion5earchlSearcliResultDctail?inqu il,ytype=Entity... 2!7!2020 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Joe Minore Personnel Category Construction Superintendent John Whatcott Project Manager 10 Construction Services Agreement: Revised 072118 CAU EXHIBIT B-9: PUBLIC PAYMENT BOND ITS# 20 -7696 -ST Bond No. 1001128703 Contract No. #20 -7896 -ST KNOW ALL MEN BY THESE PRESENTS; That SDP, Inc. dlhlal SDP -Consultants Corp as Principal, and American Contractors Indemnity Company _ I as Surety, located at 801 South Figueroa Street, Suite 700, Los Angeles, CA 90017 (Business Address) are held and firmly bound to Collier Cogn as Obligee in the sum of 0 n Mitlien Seven Hundred SixtL-'three Thousand Three Hundred and Two Dollars (S 1,763,302.00_} for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally, WHEREAS, Principal has entered into a contract dated as of the 31st day of January 2020 with Obligee for Collier Cnunty Jail CQ Kitchen Replacement and Safety Upgrades in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal; Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void, otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes d❑ not of fact 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 Band, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 6th day of March 2020 , 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 Revisad 07211a Signed, sealed and delivered in the presence of: Al Witnesses as to Principal STATE OFCOUNTY OF ID PRINCIPAL SDP, Inc. d/b/a/ SDP -Consultants Corp BY: NAM E: ITS: The foregoing instrument was acknowledged before me b means of tI'physical presence or El online notarization, this day of 2 v , by of 7,VC ? & acor a�p ration_ on behalf of the corporation. He/she Is to me CR has produced _ as identfiiGation and did (did not) take an oath. My Commission Expires: _f/II �!ll�• f h (signature of Notary Public) NAME: A 25 q CC#,4 ,'2; L4 NATACHA BREA (Legibly Printed) '' MY COMMISSION p GG058286 , EXPIRES december 27 2020 l;AL Notary Public, State of Commission No.: GGDIF, ax ATTEST' SURETY: Witnesses to Surety American Contractors Indemnity Company (Printed Name) $4I South Figueroa Street, Suite 700 Los Angeles, CA 90017 (Business Address (Authorized Signature) (Printed Name) 12 Constrvctbrn Servlces Agreement Revlsed 072110 OR Sandy Kruger Witnesses STATE OF Ohio COUNTY OF Cu aho a A As Attorney in Fact (Attach Power of Aitorney) Todd A. Stein (Printed Name) Brunswick Insurance Agency 5300 Transportation Blvd. -aevelgnd, OH 441 75 _ (Business Address) 800-586-8080 (Telephone Number) The foregoing instrument was acknowledged before me by means of Q physical presence or ❑ online notarization, this 6th day of March _ 20102Q by Todd A. Stein as Attornev In Fact _ of American Contractors Indemnity Company , a California corporation, on behalf of the corporation. He/she is personally known to me OR has produced Personally known to me _ as identification and did (did not) take an oath. My Commission Expires: Yig��ature of Notary Public) (AFFIX OFFICfAI_ SEAL) Name: Ruth.'M. Pell (Legibly Printed) Notary Public, State of; Ohio Commission No.: 2016 -RE -610070 Ruth M. Pell, Notary Public In and For the State of Ohio My Commission expires Har, i, 2021 13 Con strucdon Services Agreement: Revtsad 0721, 8 EXHIBIT B-2: PUBLIC PERFORMANCE BOND ITB# 20 -7696 -ST Bond No, 1001128703 Contract No, #20 -769E -ST KNOW ALL MEN BY THESE PRESENTS; That SDP, Inc. d/blal SDP -Consultants Corp as Principai, and _ American Contractors Indemnity Company as Surety, located at 801 South Figueroa Street Suite 700 Los An eles CA 90017 (Business Address) are held and firmly bound to Coltier County as Obligee in the sum of One Million Seven Hundred Sixty -Three Thousand Three Hundred and Two Dollars ($ 1763,302.00 1 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 _31st day of Januaa 2020 with Obligee far Collier Count ail J1 Kitchen Replacement and Safety Upgrades _ 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, afterations 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 6th day of March , 2020 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 14 Construdiion Services Agreement: Revised 072119 0 Signed, sealed and delivered In the presence of: PRINCIPAL SDP, Inc. dib/al SDP -Consultants Corp Witnesses as to Principal NAM E: /G'f' ITS: O STATE OF COUNTY OF The foregoing instrument was ackowledged before me by means of Rpnysical presence or ❑ mine notari tion, hl day of & a 20aW by k as k of r a Co_ rpo{at on, on behalf of the dorporation. He/she is personally known to me OR has produced `- _ as Identification and did (did not) take an oath. J My Commission Expires: G i nature of o ary Pu fic) Name;/ -i4 (Legibly Printed). (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: ; '' ' ;: NAT►ACHA BREA MY COMMISSION # G0058286 EXPIRES December 27 2020 is Construction Services Agreement. Revised 072118 ME ATTEST: SURETY: Witnesses as to Surety 1 Sandy Kruger Witnesses STATE OF Ohio COUNTY OF Cuyahoga_ American Contractors Indemnity Company (Printed Name) 801 South Figueroa Street, Suite 700 T os Angeles, CA QW 17 (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Todd A. Stein (Printed Name) Brunswick Insurance Agency 5309 Transportation Blvd. Cleveland, OH 44125 (Business Address) 800-686-8080 (Telephone Number) The Foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this 6th day of March 1 2020 by Todd A. Stein as Attorney In Fact of American Contractors Indemnity Company, a California corporation, on behalf of the corporation. He/she is personally known to me OR has produced Personally known to me as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public) Ruth M. Pell (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Ohio Commission No.: 2416 -RE -610070 Rd 9. PA Kd" PUblic In and For ft Stye Of OVIO Construction Services Agreement Revised 072116 s MY Gommissiotl exams NOV. 1, 32, 1C TOKIOMAR[NE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S- Specialty Insurance Company, a Texas corporation (collectively, the 'Companies"), do by these presents make, constitute and appoint. Jeff McQuate, Todd A. Stein or Mark Levinson of Cleveland, Ohio its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed """'Six Million Five Hundred Thousand"" - Dollars ( •`"6 500 000.00" ),This Power of Attorney shall expire without further action on April. 23d, 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Atto m ey(s)-i n -F a ct to represent and act for and on behalf of the Company subject to the following provisions: Afforney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognlzances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages andior final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's Ilability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary - 8e it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached - IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 It day of June, 2018. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UHITEI} S,yyl[A7E$ 5iiREl„CflAfIPAHY 115.5PECIALTY.,IN$URANCE COMPANY ;7pw�W?0l ��QHD MSC❑ tiF.?ruRE-r. _•.. i, `,:: ''•�,q. State of California s $; r' L County of Los Angeles �;, ;'�'F:; `_ �' r ' - �'sy r" By: . Daniel P. Aguilar, Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the doCurrment to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this ts{ day of June, 2418, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P- Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S- Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. saq.o,uvaen uer.rlsx - [a.irs I; to uryr;H array F C6rnnh4'IlI: i7l:i Signature (seal) ,,, K:, I, Kio Lo, Assistant Secretary American Contractors indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attomey are in full force and effect. In Witness WhereoffvI havehereunto set my and and affixed the seals of said Companies at Los Angeles, California this _day of 1 I t a�LK BiOCT ° _*%Corporate Seals Bond No. te1Ly• E5 sul��t�� oi `!" t + vi :•2r Agency No- 9129 y :w r Kio L❑, AssiAadt Secretary HCCSMANP0A05nD19 visit trnhcc.comisurety for more information U 0 C C G'� r F:' Z � 0 = o ,- m U. %- U to � ro.o*,.= C3 •�' H- .s LL o m in z r Lo ma 0 C3 M1 Y Ci# en eppv cP � ep m ea �n �7 21c eq ac � �cr0� p0cvaoocnm Cp1�Cp11��1 �p �p rri�ui �� �� rti� rine r0 r- (D 9$ M n N C] @ a � ❑ F y m � N � a � 7 I'm T C b A C m j r t a yy W � ❑ T df (13 ❑ n h C y7 O C ~ [7 }„ .� ❑ Q N1913 (n C 1tl p� rmp 7 Q G t+FV m m R d E y (= N C m ���� a O � r C y� � w •� 4 .G w�� d yaa `O 2 i0 y C = d 461 m CL y UJ J3 CL s E E m [7 m v m m c g7 J7U QhQ ❑. `.S. �C] 0 m U L77 },', t❑j �Sai a F ] E N Q G GI SV F�! 01 r° CS7 1p M � O r f+ N W m e• pl m rr � a7 ❑ T Y R1 L1 m m .7 E`c� r] Q rr��inOp n ih a1 r! N a r-vcm'v�r�nsav n n a N iC W)E H C E II n F V7 g p us c�1 Inn Cf ry N N 11[ t+ r.1 T2 w c C ❑ N C1 y Lryl6 4 [i y = U9nti m m CO _ C 6t ca a " r9 QQ++ ry1 y h p v h C N £ .L Iq y C u G� y�.. "�^ @ c J y r E m LL �� m ma's ® o Cm m iv a °1 E to L G c] 2-u m� 6 ID U d O G m m i° c E v c m'E mm d o m ti oxL Kro Ocz } ms = a a5m a =LT-0 �aa!zwa!❑ Buz o 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 CAD Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 Construction Services Agreement: Revised 072118 Jl 'lC%An Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type 1. ❑ Worker's Compensation Required Limits Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption Issued by the State of Florida Is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 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 Liability and Property Damage Liability. This shall include Premises and Operations; ISO form Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ❑ Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant hold harmless Collier County, its officers and employees shall defend, indemnify and 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 $ Per Occurrence ❑ Valuable Papers Insurance $_ Per Occurrence 19 Construction Services Agreement: Revised 072118 CAC ❑ Cyber Liability Per Occurrence ❑ Technology Errors & omissions $ Per Occurrence 7. ❑131d 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 Clark, er proposal bond in a sum equal to 5% of the cost proposal. All checks shalt be made payable to the Collier County Board of County Commissloners 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 $200,0001 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 shalt 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, Now York 10038. 8. ❑ 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. 1o. ❑ Collier County must be named as "ADDITIONAI_ INSURED" on the Insurance Certificate for Commercial General Liability where required. This Insurance shalt be primary and non-contributory with respect to any other insurance maintained by, or available for the banefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. 11. ❑ The Certificate bolder shall be named as Collier County Board of County Commissiorers, OR, Board of County Commissioners In Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must slate the Contract Number, or Project Number, or speolfic Project description, or must ready 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 Narne insurance Agency Agent Name Date Telephone Number 20 conslrucllon Sorvlces Agraernant. 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 is 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 flied, 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 flied or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit, (4) This Release and Affidavit is given In connection with Contractor's [monthly/final] Application for Payment No. Witness President Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: [Corporate Seal) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of 20 by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has as Identification and did (did not) take an produced oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of Commissioner No,: 21 Construction Services Agreement: Revised 072116 pc_ 0 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION; The undersigned CONTRACTOR certifies that: (1) all previous progress payments recelved 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 OWNE=R and that ourrent payment Is now due; and (Q) 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 Ownar In writing and In advance of such Work. 22 Con$trUchiOn Services Aoreement: Revised 072118 0 EXHIBIT R Conlinuod SCHEDULE OF VALUES P:4111hamV ProlrsilNmtrc 011+' MGM; ITEId DE80PTION SCHEDULED WORKCOMPLETEIS STORED TOTAL PERCENT 91tANCE 116 _'R TOTAL huMaER VALUE I MATERIALS CAIPLETE COMPLETE TDFIN15H REYANAAE RETAINAGE RETAIINE PRE4IOUBAPPLICATIONS THIS & STORED y4789FLO fMAUDATE I NLCE ATS FERIOR 109ATE TOTAL$ ' EeplMUDnlar the two columns under PrevlDDs AppIIFsUont: The Thru Date Is where you will place all Information until the contract It eornoato unless a releasa ormdretfan of retainage Issu+Cot intoptay, Ifthis happens, all lnfalmalionuptothe date Ofthe'AchanaeInreta{nage is placed In theThruDatecofum.InlarmatianafterthatdaleisplacedIntheSinceDate<olumn.Th%51atcs what has happened tlneelhe change Intetalna8e, 23 Cmalrucllan Services Agreamerit; Revlaed 472119 r G �U—� Exhibit o stored Materials Record 24 Gonshiction Services Agreement: Revised 072118 Gp�C7 EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http://beespol/SiteDirectory/ASD/Purchasing/Forms,I/Forms/Default.aspx Change Order Form Contract#:Changet4:7­1 PurchaseOrderM � � Project d':== Contractor)Fiml Name: Project Manager Name Project Name; Department: Criginel ContrectMlork Cider Amount Criginal BCC Appraial Data; Agenda Item # Current BCC AwrovedAmount Lest BCC Approval Date: Anende Item# Contract Expiration Date (fulsstar) Current ConUectM/orb Order AmountSAP o—o-1 Oi Total Change from CrIgInal Amount Dolbr Amount of this Chenga Reds ad CentracbWcrR Order Total 00.00 1 *DiV101 Change from Current BCC Approved Amount Cumule$'sChan ss S 0.00 hpIVJ01 Change from Current An-*unt Completion Date Description of the Task(s) Change and Rationale for the Change i Notice to ProeeeOriginal Last Approved �� Revised Date = Date LLL���JJJ Compietlon Dat Date ttnaulesmicnalel trafDayfiAdded select Tasks 0! Addnewtask(s) p Deletetask(s) ❑ Changetask(s) 0.0ther(saam-2N) Provide a response to the following: 11.) detailed and speolRo explanationlrationale of the requested change(s) to the tasks) and) or the additional days added (if requested{; 2.) lvhy this change was not Included in the original contract; and, 3.) describe the Impact If this change is not processed. Attach additionslinforntation from the Design Professional ardror Con1twor H nesled. Prepared by: (PrejEct Llan3ger Nameand Department) Acceptance, of this Charge Order Shall CORS1 h Ile a mol HiMabon 10 contract 1 Ylork otdef ilenl Niel above a rd will be s t b)sc i. t0 all i het am e, ietm5 and t0n,•lhi: n9 a9 Conlaired in the Contract f "/Ofi;Ordef indicatel 30", as f ulty as B the 53me YMB 61310 in this scoeno ptae. The 3djustment. H3ny.10 il:e Contract shallcorsthuie a full3rd finalaettlemaril o1 any and all claims cf the, Contractor/ Vert -lot! Consultant! Design Professional arising oul of or reistadto the change set forth herein, including claims for impict and daisy costs. Accepted by: Date.' ConVactorllendor! onsuham;Deslgn mess naland ameo Firm, projeet3pplkable} Approved by: enpn roeesronaland ameo Firma ct proreappas ley Date: Approved by: rte: UrenleRl Profess n91 Dale: ,;'F.!ttnsi "r:. fr1 rwk Q ar .. ✓j3 .•i e.,., �.. _—.. 26 Construction Services Agreement; Revised 072118 rU EXHIBIT F: CERTIFICATE OF SUBSTANTIAL. COMPLETIOfV OWNER'S Project No. PROJECT, CONTRACTOR Design Professional's Project No. Contract For Contract Rate This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state In the progress of the Work when the Work (or designated portion) Is sufficiently complete In accordance with the Contract Docurrtents so that the Owner can occupy or utHlxe 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 Hems 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 responslbillty 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 Substantlal Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenanoe, heat, utlllties, Insurance and warranties shall be as follows: zs fy Gon$trUCIton SeNIces Agreement, ReVleed 072116 f 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 tc complete the Work in accordance with the Contract Documents. Executed by Design Professional on besign Professional By: Type Narne and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR t3y: Type Name and Title 3+ OWNER accepts this Certificate of Substantial Cornpletion on 120 OWNER By: Type Name and Title 2 Construcl{an Servleeti Agreemepl: Revlaed 4721188 t•'AU EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: PO No.: Date: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents, Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List Items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4, 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on attach to this form). 8, Certificate of Substantial Completion Issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11, Operating Department personnel notified Project is in operating phase, 12. All Spare Parts or Special Tools provided to Owner: 13, Finished Floor Elevation Certificate provided to Owner: 14, Other: If any of the above is not applicable, indicate by N/A. if NO is checked for any of the above, attach explanation. Acknowledgments: (Company Name) By Contractor: (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name&Title) By Owner: (SD pa t me t Name) (Name & Title) 28 Construction Services Agreement; Revised 072118 C -A EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and 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 C�1 U 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 utllitles 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 perrormance, 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 tan (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 Conalructbr, Sorvlcaa Agreemont: Revised 072118 �7 ��O 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, 41 Prior to oubmitting 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 Exhl.bit 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 materialman submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently Aentlfled Subcontractors are subject to Owner's prior written approval, The first Appiicatlon 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 storago 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 i] 4A 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 1n 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 shalt, within ten (10) business days after the Application for Payment Is ConslruGliOh Services Aflraenienk: Revised 072118 stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the am ounts 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 1033, 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 duo and payable by Owner with respect to the current Appllcation 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 Exhiblt 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 Paymont, 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 Tit -no, 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 disputa 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 untlmely 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 VISAIMASTER card credit network as 2 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 az !] J Conalruclioo Servlcas Agreernenl' ftevlsQd Q72118 [ r G 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 Ow ner. 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 r` CAO 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is Intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution Is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 if Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, If need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing.. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will 34 y Construction Services Agreement; Revised 072118 4/ C't U 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 resign 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 dally 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; a. 12 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel; 81A The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade', 8.9.5 All equipment present at the Project site, description of equipment use and designation of time equipmentwas used (specifically indicating any down time); 8.1,8 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 8,910 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, lncluding, 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 tha 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 Consiruclion Services Agreemeft Revised 07211$ ) �� ru (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 Tamlami 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 38 � /. Construction Services Agreement: Revised 072118 Olt work of others at the protect 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, inefficlency, 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 canditlon precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early compietlon, as well as to claims based on late completion. tial 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 bo deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 101 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 Gable to the Contractor for any Increased compensatlon 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 Ccnstructlon Services Agreement: Revised 072118 (:+10 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 Arnount, 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 �J>C CAO 12. OTHER WORK, 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work Is to be performed Is not noted in the Contrast Documents, written notice thereof will be given to Contractor prior to starting any such Willer 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 t11e Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deamed 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 of 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 maxirnurn extent permitted by Florida law, the ContractorNendorlConsultant shall defend, indemnify and hold harmless Collier County, Its officers and employees from any and all liabilities, damages, losses and costs, inciuding, 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/VertdorlConsultant or anyone employed or utilized by the ContractorfVendorlConsultant 1 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 Exhiblt B -3B-3 to the Agreement, 30 Construction So -leas Agraornenr' Rdvlsad 072110 ��� Further, the Contractor sl}all 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 agrocs to comply, at its own oxpense, with an fedoral, 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 ContractDocuments to the contrary, it Is understood and agreed that in the event of a change in any applicable 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 lmmigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et s.9q. and regulations relating thereto, as either may he 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 (lie United States, The Employment Eligibility Verification System (E -Verify) operated by the Department of Horneland 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 constRiCtion services, Exceptions to the program. Commodity based procurement where no services are provided. • Where the requirem ent for the affidavit Is waived by the Board of County Commissioners Contractors I Bidders are required to enrali in the F -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 frilly 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 Bi der/Contractor does not CompIV with providing both the ecce table E-Verif evidence and the executed affidavit he bidder's J Contractor's ro osal ma be deemed nan� responsive, 40 Constructicn Services Agroarnenl; ROV189d 072118 lj� Additionally, Contractors shall require all subcontracted Contractors to use the E -Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website; http: vww.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, el se . 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 ^ CA O 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) falls 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 of unsuitable; or (4) discontinues the prosecutlon of the Work; or (5) falls to resume Work which has been suspended within a reasonable time after being notified to do so; or (5) 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 (S) 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 dofault(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 tho 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, dainages 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 oompromiso of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 42 Construcilon Services Agrawnent: Revised 072119 :1r) 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 (1) 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 wner the Owner, termination hda e, but innno event shall Contractor recover from the Obe entitled tont for r paymentfo performed thrugh the 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 Inwriting the Work giving reasons Design Professional1,, considers (or designated portion substantially complete, Project Manager 43 Construction Services Agreement: Revised 072118 CAO 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 s uch 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 /f_1 AC 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 /Y CA(-) 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 reconstruct! on. 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 48 Construction Services Agreement: Revised 072118 D 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 5.13, for services not rendered. 25. PROTECTION OF WORK. fy ect onal, The Owner or'Contractor Professionalshallre-establish shediately ithe benchmarks Manager nchmarksand Cont actor shall bei or liable for all costs Design 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 CAU 27. USE of fREMISES, 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 connectlon 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 organizatlons who may be affected thereby, 22.1,2 Alt 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 thorn 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 then', and shall cooperate with thorn 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 shalt be Contractor's superintendent unless otherwise designated In writing by Contractor to Owner, 28.4 Alcohol, drugs and all Illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the Influence of any such substances while on any Owner property, Further, 48 Conatructaon Services Agreement: ReVised 472118 X- �l',1 r � G -N- 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 pr e -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 9 (Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (Including the pro-construcilon 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/torminatton 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 applicsble 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 aro available through Risk Management andlor Procurement Services Division, and is available on -lane at coliiergov.not/purchasing, The Contractor will be responsible for obtaining copies of all required manuals, MUTCO, 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 Trafflc ("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 ton (10) days of recolpt of Notice of Award. 32, SALES TALC SAVINGS ANiS 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 additlona4 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 P a e dire direct purchases of various construction materials and equipment Included in the Work (" DirectContractor shall prepare purchase orders to vendors selected by Contractor, for exec4ltion 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 Uirect 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 he 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 sorAces Agreement: rRevlsud 472116 S'A.t) 9 the Contract Documents, In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor owner shall assign to Contractor arty and all warranties and Contract rights Owner may have from any manufaoturer 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, 5t_l13CONTRACTS, 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 severabillty, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor Is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor, Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise owner and Design Professional of their validity and reasonableness, acting in Owner's best Interest, prior to requesting approval of any Change Order from owner. AN Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-59, 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 goad 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 informations 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 selr-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. Ali subcontracts and purciiase 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 Conatrucllwr Services Agreement: Revised 072118 /% Owner upon termination of Contractor, ($) 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 buslness automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an Intended third -party beneficiary of the s�rbcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontrack, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make caples of such documents avallable 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 al1 levels) must have been employed In a supervisory (leadership) capacity of substa Years within the last five yearsntlaily equivalent Leval on a similar project for at least two , The Subcontractor shall Include a resume of experience for each employee idontifled 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: 33.61 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 oro 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 811811 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 summit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result if) 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 Consiruction Services Agreamant: Rovlsed 072152 18 PC 34.1.3 Shop Drawing SubmittallApprovai Logs 34.1A Equipment Purchase/Del!very Logs 34,1,5 Contract Drawings and Specifications with Addenda 34.1 ,6 Warrantlesand 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 Bequest 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 {wily 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 34.132 Suspense (Tickler) Files of Outstanding Requirements The Project files and reoords 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 atbrief update eO es tile Project to the Collier County Board of County Commissioners, "Board", up ( ) 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 dale 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 shal I 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 Servlcas Agreemerl; Revised 8721 16 under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS collier ov.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. CC80 requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of tile 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 (GE1) 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, A13OVEGROUNDIUNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations; specifically 110 & 30130A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida statutes; and STI, UL, PEI, ASML, MACE, NLPA, NiST & AN referenced standards pertaining to the storage of hazardous materials and petroleum products. 36.2 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 he 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 i petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 54 Coniiruellon Sorvlces Agreemord: Revised 072118 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 roquire the Contractor to remove an employee it dooms 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 represeniatives 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 ail such matters, 66 f Conslruclion Sarvlces Agreemont: Ravlaad OM 10 7/(�' EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS "NIA" 66 Construction Services Agreement: Revised 072116 (:AU 02/26/2020 Pamela VaughnFirst Volunteer Insurance Agency, Inc. P.O. Box 878 Jasper, TN 37347 423-668-4716 Pamela.Vaughn@firstvolunteer.com Cincinnati Insurance Company 10677 SDP, Inc., ETAL 14359 Miramar Parkway Ste 343 Miramar, FL 33027 Cincinnati Casualty Insurance 28665 Lloyd's 15642 A Y A A B Errors & OmissionsC 08/01/2019 08/01/2020 2,000,000B0621PSDPI000119 Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County included as an additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract. Project Number is 20-7696-ST and Project Name is Collier County Jail (J1) Kitchen Replacement and Safety Upgrades Collier County Board of County Commissioners 3295 Tamiami Trail East. Naples, FL 34112 ENP0543895 06/19/2019 06/19/2020 1,000,000 500,000 10,000 1,000,000 3,000,000 3,000,000 ENP0543895 06/19/2019 06/19/2020 1,000,000 ENP0543895 06/19/2019 06/19/2020 2,000,000 2,000,000 EWC 0505751 08/20/2019 08/20/2020 1,000,000 1,000,000 1,000,000 2,000,000 Per Claim Annual Limit ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE 16.C.5.e Packet Pg. 554 Attachment: 20-7696-ST SDP_Insurance 2-26-2020 (11799 : Approve the award of Invitation to Bid # 20-7696-ST,“CC Jail Kitchen Replacement)