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Agenda 06/23/2020 Item #16C 2 (Contract #20-7716 Kyle Construction, Inc.)06/23/2020 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (“ITB”) No. 20-7716, “Pelican Ridge Blvd. 8” Water Main Replacement” (Project No. 70195), to Kyle Construction, Inc., in the amount of $667,658 and authorize the Chairman to sign the attached agreement. OBJECTIVE: To meet demand, stay in compliance, and serve customers efficiently by providing a compliant and reliable potable water system to Collier County Water-Sewer District customers. CONSIDERATIONS: The proposed scope of work under Project Number 70195, “Pelican Ridge Blvd. 8” Water Main Replacement,” is consistent with the FY2020 CIP Budget approved by the Board on September 19, 2019. This project consists of replacing the asbestos cement potable water line that serves businesses and residents located along Pelican Ridge Boulevard, and relocating existing water services from the asbestos cement water main to the polyvinyl chloride (“PVC”) water main in front of Walgreens at the North East corner of US41 North and Vanderbilt Beach Road. The County installed the asbestos pipe in the late 1970s and it has reached the end of its useful life. The numbers of repairs have increased in the last five years causing disruptions to commercial establishments, with water shutdowns and boil water notices. The old line will be replaced with a new 8” PVC pipe. On February 27, 2020, the Procurement Services Division posted ITB 20-7716 for the construction of the Pelican Ridge Blvd. 8” Water Main Replacement. The County issued 25,908 notices and interested contractors viewed ninety-four (94) bid packages. On April 7, 2020, the County received 11 bids as summarized in the below table. Company Name Bid Amount Kyle Construction, Inc. $ 667,658.00 Strickler Bros. Underground, Inc. $ 830,736.00 Haskins, Inc. $ 833,427.50 Southwest Utility Systems, Inc. $ 864,779.00 Douglas N. Higgins Inc. $ 877,392.00 PWC Joint Venture LLC $ 893,410.00 Andrew Site Work. LLC $ 940,914.75 Cougar Contracting, LLC $ 981,016.35 Coastal Concrete Products, LLC $1,005,103.00 Mitchell & Stark Construction Co., Inc. $1,106,490.88 Quality Enterprises USA, Inc. $1,291,080.60 The total bid includes three Owner’s Allowances. Those allowances will only be used at the Owner's direction to accomplish work arising due to unforeseen conditions and/or as directed by the Owner. Inclusion of the allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the allowance. Expenditures of the Owner’s Allowance will be made through the issuance of a Change Order with proper documentation supporting the change. Staff reviewed the bids received and determined the lowest bid to be fair, reasonable and recommends awarding the project to Kyle Construction Inc., as the lowest, responsive and responsible contractor. The bid received is 35 percent less than the engineer’s opinion of probable cost as shown in the Bid Analysis 16.C.2 Packet Pg. 1355 06/23/2020 (Attachment 2). In its recommendation letter dated April 27, 2020 (Attachment 3), the design professional, Agnoli Barber & Brundage, also recommends awarding the project to Kyle Construction, who has a satisfactory performance and warranty record on previous, similar, utility-related projects. The Collier County Procurement Division concurs with that recommendation in the attached Notice of Recommended Award (Attachment 4). FISCAL IMPACT: Funding is available in the Fiscal Year 2020 capital budget approved by the Board on September 19, 2019. Project number 70195. The source of funding is Water User Fees, Fund (412). There is no significant change in operating costs. The project is anticipated to complete in 2021. Bonds will be obtained prior to issuing a purchase order. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities, and to remain in compliance with all regulatory programs. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT RECOMMENDATION: Award Invitation to Bid No. 20-7716, “Pelican Ridge Blvd. 8” Water Main Replacement” (Project Number 70195), to Kyle Construction, Inc., in the amount of $667,658.00 and authorize the Chairman to sign the attached agreement. Prepared by: Diana C. Dueri, Senior Project Manager, Engineering and Project Management Division ATTACHMENT(S) 1. [Linked] Attachment 1 - 20-7716 KyleConstruction_VendorSignedwBonds (PDF) 2. Attachment 2 - Bid Analysis Pelican Ridge (PDF) 3. Attachment 3 - DELORA 4.27.20 (PDF) 4. Attachment 4 - 20-7716 - NORA final (PDF) 5. 20-7716 KyleConstruction_Insurance 6-9-20 (PDF) 16.C.2 Packet Pg. 1356 06/23/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Doc ID: 12617 Item Summary: Recommendation to award Invitation to Bid (“ITB”) No. 20-7716, “Pelican Ridge Blvd. 8” Water Main Replacement” (Project No. 70195), to Kyle Construction, Inc., in the amount of $667,658 and authorize the Chairman to sign the attached agreement. Meeting Date: 06/23/2020 Prepared by: Title: Project Manager – Public Utilities Planning and Project Management Name: Diana Dueri 06/09/2020 2:04 PM Submitted by: Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management Name: Tom Chmelik 06/09/2020 2:04 PM Approved By: Review: Public Utilities Planning and Project Management Benjamin Bullert Additional Reviewer Completed 06/09/2020 2:37 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 06/09/2020 2:48 PM Water Pamela Libby Additional Reviewer Completed 06/09/2020 2:54 PM Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 06/09/2020 3:19 PM Wastewater Beth Johnssen Additional Reviewer Completed 06/09/2020 3:31 PM Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 06/09/2020 3:43 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 06/09/2020 4:20 PM Board of County Commissioners Jim Flanagan Additional Reviewer Completed 06/10/2020 10:41 AM Procurement Services Sandra Herrera Additional Reviewer Completed 06/10/2020 9:33 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 06/12/2020 8:58 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 06/12/2020 11:26 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/12/2020 2:05 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/12/2020 2:10 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/12/2020 4:52 PM Budget and Management Office Ed Finn Additional Reviewer Completed 06/15/2020 9:48 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 06/15/2020 11:56 AM 16.C.2 Packet Pg. 1357 06/23/2020 County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/15/2020 3:46 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/23/2020 9:00 AM 16.C.2 Packet Pg. 1358 $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 KEY: Dashed Green- AVERAGE BID Dashed black- +/-1 std dev of avg bid Dotted red- +/-20% of eng estimate for horizontal construction Bid Results for ITB 20-7716 Pelican Ridge Blvd 8" Water Main Replacement 16.C.2.b Packet Pg. 1359 Attachment: Attachment 2 - Bid Analysis Pelican Ridge (12617 : Pelican Ridge Blvd. Water Main Page 1 of 2 K:\2016\16-0037-BC Pelican Ridge Blvd WM Replacement Bidding & Construction Services\Correspondences\Documents\Construction Documents\Award Documents\DELORA 4.27.20.docx April 27, 2020 Via email to Sue.Zimmerman@colliercountyfl.gov Sue Zimmerman, CPM, Procurement Strategist Collier County Procurement Services Division 3295 Tamiami Trail East Naples, FL 34112 Re: Design Entity’s Letter of Review and Acknowledgment (“DELORA”) 20-7716 - Pelican Ridge Boulevard 8” Water Main Replacement Dear Ms. Zimmerman: Bids were received by Collier County on April 7, 2020 for the above-referenced project. The following contractors submitted bids for consideration: •Andrew Sitework LLC •Coastal Concrete Products, LLC •Cougar Contracting LLC •Douglas N. Higgins, Inc. •Haskins Inc. •Kyle Construction Inc. •Mitchell & Stark Construction Co. Inc. •PWC, LLC •Quality Enterprises USA, Inc. •Southwest Utility Systems, Inc. •Strickler Bros. Underground, Inc. Upon review of the bids, it was determined by Collier County that all bids were considered responsive. The apparent low bidder, as verified by the completed Construction Bid Tabulation, is Kyle Construction Inc. with a bid of $667,658. The bid appears to be complete and consistent with the intent of the technical specifications and was approximately 35% lower than the Engineer’s Opinion of Probable Cost. Recent negative economic activity and this particular contractor’s experience in the area are probable causes for the cost variance from the Engineer’s OPC. References were provided by Kyle Construction, and the Vendor Reference Check Logs which were completed by each reference are attached hereto. 16.C.2.c Packet Pg. 1360 Attachment: Attachment 3 - DELORA 4.27.20 (12617 : Pelican Ridge Blvd. Water Main Replacement) Page 2 of 2 K:\2016\16-0037-BC Pelican Ridge Blvd WM Replacement Bidding & Construction Services\Correspondences\Documents\Construction Documents\Award Documents\DELORA 4.27.20.docx Kyle Construction Inc. is registered with the Florida Department of Business and Professional Regulation as a Certified Underground Utility and Excavation Contractor, which registration is current and active. They are a qualified firm to conduct the requested work, and we, therefore, recommend that Kyle Construction Inc. be awarded the contract for the Pelican Ridge Boulevard 8” Water Main Replacement project in the amount of $667,658. We have direct experience working with Kyle Construction on similar projects on which they have performed well. Should there be any questions, please feel free to contact our office. Sincerely, AGNOLI, BARBER & BRUNDAGE, INC. Dominick J. Amico Dominick J. Amico, P.E. President & Project Engineer DJA/drr Attachments 16.C.2.c Packet Pg. 1361 Attachment: Attachment 3 - DELORA 4.27.20 (12617 : Pelican Ridge Blvd. Water Main Replacement) 16.C.2.c Packet Pg. 1362 Attachment: Attachment 3 - DELORA 4.27.20 (12617 : Pelican Ridge Blvd. Water Main Replacement) VENDOR REFERENCE CHECK LOG Solicitation No.: 20-7716 Reference Check by: Dominick J. Amico, P.E. Solicitation Title: Pelican Ridge Blvd 8" Water Main Repl. Date: April 21, 2020 Bidder’s Name: Kyle Construction Inc. Phone: (239) 643-7059 Design Entity: Agnoli, Barber & Brundage, Inc. REFERENCED PROJECT: Project Name: Seagate Water Main Project Location: Naples, FL Project Description: Water main replacement Completion Date: October 2018 Contract Value: $867,450 Project Owner/Title: City of Naples Utilities Owner’s Address: 380 Riverside Circle, 34102 Phone: (239) 213-4714 Owner’s Contact Person: Bob Middleton, Director E-Mail: rmiddleton@naplesgov.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. Any changes were authorized as work directives. 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? None yet. None anticipated. 7. Additional comments : Project went well. Contractor had a lot on contact with the residents to keep them informed of progress. Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 16.C.2.c Packet Pg. 1363 Attachment: Attachment 3 - DELORA 4.27.20 (12617 : Pelican Ridge Blvd. Water Main Replacement) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: Reference Check by: Solicitation Title: Date: Bidder’s Name: Phone: Design Entity: REFERENCED PROJECT: Project Name: Project Location: Project Description: Completion Date: Contract Value: $ Project Owner/Title: Owner’s Address: Phone: Owner’s Contact Person: E-Mail: 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: 20-7716 Dominick J. Amico, P.E. Pelican Ridge Blvd 8" Water Main Repl. April 21, 2020 Kyle Construction Inc. (239) 643-7059 Agnoli, Barber & Brundage, Inc. Creekside 24" Bore Naples, FL 24" Force Main Bore March 2020 301,405 Collier County Corinne Trtan, Project Mgr. Corinne.Trtan@colliercountyfl.gov (239) 252-4233 Yes. Project is still in process of close-out. Yes. Yes. Yes. Changes through no fault of the contractor (incorrect as-builts). The contractor adjusted as needed to the changed conditions. Yes. Close-out is still in process due to COVID-19. NA. Close-out is still in process. I would recommend and would work with Kyle Construction for future projects. 04/21/2020 16.C.2.c Packet Pg. 1364 Attachment: Attachment 3 - DELORA 4.27.20 (12617 : Pelican Ridge Blvd. Water Main Replacement) 16.C.2.c Packet Pg. 1365 Attachment: Attachment 3 - DELORA 4.27.20 (12617 : Pelican Ridge Blvd. Water Main Replacement) 16.C.2.c Packet Pg. 1366 Attachment: Attachment 3 - DELORA 4.27.20 (12617 : Pelican Ridge Blvd. Water Main Replacement) VENDOR REFERENCE CHECK LOG Solicitation No.: 20-7716 Reference Check by: Dominick J. Amico, P.E. Solicitation Title: Pelican Ridge Blvd 8" Water Main Repl. Date: April 21, 2020 Bidder’s Name: Kyle Construction Inc. Phone: (239) 643-7059 Design Entity: Agnoli, Barber & Brundage, Inc. REFERENCED PROJECT: Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 Project Name: Limestone Trail Water Main Project Location: Naples, FL Project Description: Water main replacement Completion Date: March 2020 Contract Value: $ 153,650 Project Owner/Title: Collier County Owner’s Address: Phone: (239) 252-4218 Owner’s Contact Person: Pamela Libby, Project Mgr. E-Mail: Pamela.Libby@ Colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes, the project was completed in the project time provided and within budget. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes, the required documents were submitted and approved. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes, the construction process was performed in compliance with the contract documents. 4. Did the process run smoothly? Were there any changes? Describe below. Yes, the project was completed as noted above on time and within budget. No noted problems. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Contract close out is still in process, but no issues are anticipated. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? There have been no warranty issues to date. 7. Additional comments : 16.C.2.c Packet Pg. 1367 Attachment: Attachment 3 - DELORA 4.27.20 (12617 : Pelican Ridge Blvd. Water Main Replacement) Date: April 30, 2020 Notice of Recommended Award Solicitation: 20-7716 Title: PELICAN RIDGE BLVD. 8” WATER MAIN REPLACEMENT Due Date and Time: April 7, 2020 at 3:00 p.m. Respondents: Company Name City County State Bid Amount Responsive/ Responsible Kyle Construction, Inc. Naples Collier FL $ 667,658.00 Y/Y Strickler Bros. Underground, Inc. Fort Myers Lee FL $ 830,736.00 Y/Y Haskins, Inc. Bonita Springs Lee FL $ 833,427.50 Y/Y Southwest Utility Systems, Inc. Fort Myers Lee FL $ 864,779.00 Y/Y Douglas N. Higgins Inc. Naples Collier FL $ 877,392.00 Y/Y PWC Joint Venture LLC Ft. Myers Lee FL $ 893,410.00 Y/Y Andrew Site Work. LLC Fort Myers Lee FL $ 940,914.75 Y/Y Cougar Contracting, LLC Fort Myers Lee FL $ 981,016.35 Y/Y Coastal Concrete Products, LLC Fort Myers Lee FL $1,005,103.00 Y/Y Mitchell & Stark Construction Co., Inc. Naples Collier FL $1,106,490.88 Y/Y Quality Enterprises USA, Inc. Naples Collier FL $1,291,080.60 Y/Y Utilized Local Vendor Preference: Yes No N/A On February 27, 2020, the Procurement Services Division posted Invitation to Bid 20-7716 for construction of PELICAN RIDGE BLVD. 8” WATER MAIN REPLACEMENT. The County issued 25,908 notices and Ninety- Four (94) bid packages were viewed. On April 7, 2020 the County received eleven (11) bid responses as summarized above. Staff reviewed the bids received and determined that Kyle Construction Inc. is the lowest responsive and responsible bidder. Staff therefore recommends that the contract be awarded to Kyle Construction, Inc., the lowest responsive and responsible bidder, for a total contract amount of $667,658.00. Required Signatures Project Manager: DIANA DUERI Procurement Strategist: Sue Zimmerman: Procurement Services Director: __________________________________ _________________ Sandra Herrera Date DocuSign Envelope ID: B660F605-F88A-423F-81D9-034E941B50E7 5/4/2020 16.C.2.d Packet Pg. 1368 Attachment: Attachment 4 - 20-7716 - NORA final (12617 : Pelican Ridge Blvd. Water Main Replacement) 6/5/2020 VTC Insurance Group Ft. Myers Office 6820 Porto Fino Circle Ste 2 Ft. Myers FL 33912 Wendy Hingson (239)275-8226 239-275-8837 whingson@vtcins.com Kyle Construction, Inc. 3636 Prospect Avenue Naples FL 34104 Transportation Insurance Company 20494 Valley Forge Insurance Company 20508 Continental Insurance Company 20443 Illinois Union Insurance Co 27960 CL1992439492 A X X X X 402 721 9828 10/1/2019 10/1/2020 1,000,000 100,000 15,000 1,000,000 2,000,000 2,000,000 B X X X X X 202 450 89 42 10/1/2019 10/1/2020 1,000,000 A X X X 0 X 607 903 2968 10/1/2019 10/1/2020 5,000,000 5,000,000 C Y WC107 367 45 77 10/1/2019 10/1/2020 X 500,000 500,000 500,000 D Pollution Liability X G28315855 001 06/04/2020 06/04/2021 $1,000,000 $2,000,000 Aggregate Limit $2,500 Deduct Pelican Ridge Blvd 8" Water Main Replacement / Bid #20-7716 Collier County Board of County Commissioners are added as additional Insureds with respects to General Liability and Auto Liability on a primary and Non-Contributory basis as required by written contract. Collier County Board of County Commissioners 3295 Tamiami Trail East Naples, FL 34112 Alan Chandler/V232 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 16.C.2.e Packet Pg. 1369 Attachment: 20-7716 KyleConstruction_Insurance 6-9-20 (12617 : Pelican Ridge Blvd. Water Main Replacement) CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Kyle Construction, Inc. ("Contractor") of 3636 Prospect Ave., Naples, Florida 34104, a Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Pelican Ridge Blvd. 8" Water Main Replacement, Invitation to Bid No. 20-7716 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Agnoli, Barber & Brundage, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Six Hundred Sixty -Seven Thousand Six Hundred and Fifty -Eight Dollars ($667,658.00) Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www,fms,treas.gov/c570/c570,html#certified. Should the Contract Amount be less 1 Construction Services Agreement: Revised 072118 (v6) � than $500,000, the requirements of Section 287,0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within One Hundred Eighty (180) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within Thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of )wner'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 ($1,665.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday Construction Services Agreement: Revised 072118 (v6) or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties, Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation 20m7716 Pelican Ridge Blvd. 8" Water Main Replacement. Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit 13-1: Payment Bond Forms ❑ Not Applicable Exhibit 13-2: Performance Bond Forms ❑ Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 Construction Services Agreement: Revised 072118 (v6) CA Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions ❑ Applicable ® Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 204716 Pelican Ridge Blvd. 8" Water Main Replacement. The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box (®)expressly apply to the terms of this Agreement and are available through the County 's on-line bidding. ®Exhibit J: Technical Specifications ®Exhibit K: Permits ❑Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by Agnoli, Barber & Brundage, Inc., ❑Exhibit N: Environmental Health and Safety Requirements for Construction Projects 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 Engineering & Project Management Division 3339 Tamiami Trail East, Suite 303 Naples, Florida 34112 Attn: Diana Dueri, Senior Project Manager Phone: (239) 2524218 Email: Diana.Dueri6a colliercountyfl.pov 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: Kyle Construction, Inc. 3636 Prospect Ave Naples, Florida 34104 Attn: Kyle Abraham, Project Manager Phone: (239) 643-7059 Email: Kyleconstinc@aol.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. 4 Construction Services Agreement: Revised 072118 (v6) Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as fol lows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287,017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Construction Services Agreement: Revised 072118 (v6) � Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 6 � Construction Services Agreement: Revised 072118 (v6) IN WITNESS WHEREOF, the parties have executed this Agreement on the dates) indicated below. - V• G 1m Print Name Print Name Qate: D I 'I I ZLZu ATTEST: Crystal K. Kinzel, Clerk of Court & Comptroller Approved as to Form and Legality: Assistant County Attorney Print Name CONTRACTOR: Kyle Construction, lnc. Print Name and Title ,may Date ' �f2SK�21 [l., OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Burt L. Saunders, Chairman � I ZOZa 7 Construction Services Agreement, Revised 072118 (v6) EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) Construction Services Agreement: Revised 072118 (v6) Solicitation NO.#20-7716 Pelican Ridge Blvd 8" Water Main Replacement • • KYLE CONSTRUCTION DESCRIPTION QUANTITY UNIT UNIT COST $ SUB TOTAL $ Pelican Ridge Blvd, 1. Install 8" PVC DR14 WM* 21902 LF $ 51.00 $ 148,002,00 2. 8" Gate Valve* 12 EA $ 850.00 $ 10,200400 3. 2in Service Connections & Required Casing 22 EA $ 21800.00 $ 61,600.00 4J Permanent Sample Point* 1 EA $ 500.00 $ 500.00 5. Temporary Blowoff & Sample Point 1 EA $ 250.00 $ 250.00 6. 8" x 8" x 8" CuMn Cold Tap)* 1 EA $ 81500,00 $ 81500,00 7. Fire Hydrant Assembly* 8 EA $ 21500,00 $ 20,000,00 8. Fire Line Services* 6 EA $ 3,000.00 $ 18,000,00 9. Project Sin 2 EA $ 500.00 $ 11000000 10. 1-1/2" Mill 71316 SY $ 4.00 $ 29,264,00 11. 1-1/2" Replace Two 3/4" Lifts 71316 SY $ 9.00 $ 65,844400 12. Select Backfill for Trench Compliance 11290 CY $ 0.50 $ 645.00 13. 8" AC WM Grout and Cap 2,985 LF $ 10.00 $ 29,850,00 14.) S.W. Pollution Prevention/Erosion Control 1 LS $ 11000,00 $ 11000,00 15. Pre/Post Video & Driveway Stills 1 LS $ 31500400 $ 31500,00 16. MOT 1 LS $ 81000,00 $ 8,000.00 17. Mobilization/Demobilization 1 LS $ 15,000,00 $ 15,000.00 18. Sign & Striping 1 LS $ 22,000,00 $ 22,000,00 19. General Restoration 1 LS $ 25,000,00 $ 25,000400 20. Owner's Allowance 1 T&M $ 50,000,00 $ 50,000.00 Sub -Total $ 518,155,00 DESCRIPTION QUANTITY UNIT UNIT COST $ SUB TOTAL $ Walgreen's/Seasons 52 Site 1. Install 2" PVC* 37 LF $ 25.00 $ 925.00 2. Install 6" PVC* 82 LF $ 40.00 $ 3,280.00 3. Install 8" PVC* 62 LF $ 45.00 $ 21790,00 4. 6" Gate Valve* 2 EA $ 500.00 $ 1,000.00 5. 8" Gate Valve* 1 EA $ 600.00 $ 600.00 6. 16" x 8" Hot Tap* 1 EA $ 81000,00 $ 81000,00 7. 16" x 6" Hot Tap* 2 EA $ 8,000.00 $ 16,000,00 8. Connect to & Restore Existing Services 5 1 LS $ 10,000,00 $ 10,000.00 9. Project Sin 2 EA $ 500.00 $ 11000,00 10. Select Backfill for Trench Compliance 80 CY $ 0.50 $ 40.00 11. Abandon & Grout 8" PVC 321 LF $ 12.00 $ 3,852.00 12. Remove 8" PVC 65 LF $ 10.00 $ 650.00 13. S.W. Pollution Prevention/Erosion Control 1 LS $ 500.00 $ 500.00 14. Pre/Post Video & Driveway Stills 1 LS $ 250.00 $ 250.00 15. MOT 1 LS $ 2,000.00 $ 2,000.00 16. Mobilization/Demobilization 1 LS $ 41000,00 $ 41000,00 17. General Restoration 1 LS $ 10,000,00 $ 10,000,00 18. Owner's Allowance 1 T&M $ 25,000.00 $ 25,000,00 Denotes Materials Supplied by Collier County. Sub -Total $ 89.887 00 Alternative It. Pelican Ridge Community 1. 4" PVC DR14* 176 LF $ 5.00 $ 880A0 2. 2" Poly Tube* 76 LF $ 5.00 $ 380.00 3. 8"x 2" Tapping Saddle* 10 EA $ 200.00 $ 21000,00 4. 8"x 4" Tapping Saddle* 5 EA $ 400.00 $ 21000,00 5. 2" Gate Valve* 10 EA $ 200.00 $ 2,000.00 6. 4" Gate Valve* 5 EA $ 400.00 $ 21000,00 7. Pelican Ridge Service/Water Meter Replacement & Restoration** 15 EA $ 1,000.00 $ 15,000,00 8. S.W. Pollution Prevention/Erosion Control 1 LS $ 500.00 $ 500.00 9. Pre/Post Video & Driveway Stills 1 LS $ 800.00 $ 800.00 10. Select Backfill for Trench Compliance 112 CY $ 0.50 $ 56.00 11. Mobilization/Demobilization 1 LS $ 41000,00 $ 41000400 12. General Restoration 1 LS $ 5,000.00 $ 5,000.00 13. Owner's Allowance 1 T&M $ 25,000,00 $ 25,000.00 Sub -Total $ 59.616.00 Note: This Opinion of Probable Cost (OPC) has been prepared by Agnoli, Barber &Brundage, Inc. (ABB) at the request of the owner or as a requirement of governmental agency. ABB has based the unit costs of this OPC on previous work history with similar projects or on values provided by reputable contractors we have worked with in accordance with F.A.C. 61 G- 1518.011, this is not a guarantee or warranty expressed or implied as to the construction cost that may be obtained by owner using competitive bidding. If such a guarantee is needed, it is recommended that owner procure the services of a professional cost estimator or obtain a binding bid from a contractor. Denotes Materials Supplied by Collier County. I* ** Meter & Backflow Supplied by Collier County EXHIBIT A=21 CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement: Revised 072118 (v6) ■ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PELICAN RIDGE BLVD 8" WATER MAIN REPLACEMENT BID NO. 20m7716 Full Name of B Main Business Place of Telephone No. C� 39� bo_59 Fax No. State Contractor's License #, State of Florida Certificate of Authority Document Federal Tax ldentification Numbers '' DUNS # 00�� 3�0� CCR# N�A Cage Code N�A To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, fern or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. 'SNIX i 125Q ASSX LcyIli b Q i i' 2© s PELICAN RIDGE BLVD 8" WATER MAIN REPLACEMENT BID NO. 204716 Name Kyle. Abralno►m Dou5 Cox P Terse. Zc-holt z Personnel Cate�ory Construction Superintendent Project Manager Crew Foreman "`FURi1i MATEI2AlATJFATi7R12SMvili1, THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEIViED NON -RESPONSIVE All Bidders shall confirm by signature that they will provide the maiiufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my Finn, I confine that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL 1. 2. 3. 4. 5. Please insert additional pages as necessary. EXCEPTION MANUFACTURER ■ FO Ft14L 4k OEM3OR TRIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications, The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 201748 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non -compliant or non -qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non -compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. fa3or Categdty gfWbtk 5dbcoilctofar►c Addies$ tit t, 1. Electrical Gulf Wiciza ' C, 2. Mechanical N A 3. Plumbing , %kM ii ne 4. Site Work 35 Eesrwf r 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 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. (project name) (project location) , 1Sr2 TQmictm i Cmi�q�; FL 3y1t2 (Owner's address) ft (project description) I (Owner's contact person) (title) lS►/zozo - a,3izou ` /s M66* (249)WZ• 4218 is Duet WIJeftw4fl.3, (project start/completion dates) (contra t value) (phone) (email) aa��L tion) mv- - _ �! (project description) 34�IZ •(�Ow_n'e_r's address) i6_ kecur (Owner's contact person) (tide) O ZO 1 $967 (450. 160 roject start/completion dates) (contract value) (phone) 3. (project name) WaDIM, FL. (pro�ec location} IN ;,(ce. (Yl&;M ZocI. (project description) 2 Zo O - 31 zoZo $ 405.00 (project start/completion dates) (contract value) (Owner's address) .(email} .com Ft. 3y 1t 2, CarinnQ (Owner's contact person) (title) .. .� _�.. it • .,. �roject loca. Ir dl�Zotts- 04 � zo�g � (project completion date) (contract value) Ablt�le5. F"t... (projec location) k Ia. i ALAM t.DV. (project description) It SdZotS - 12f2a5 (project completion date) (project owner) 1 235 T rrami TH. t= NmIes.FL 3y!tZ (Owner's address) � (Owner's contact pe(,title) (phone) (email) T(Owner's addr��esls)Un (Owner's contact person) cam ' I1'+ ( itlee) $1.2�0�.000.00Zo7-!/3o dban4we.r9ov.com (contract value) (phone) (email) �T 6. 1zttil ly�a�t�ao� (project(name) rWd o FL (prolec location) (project description) 9 reject date) to3. (Owner's address) w (Own 's contact person) � (Z�s9�Zl3-y'113 QM�IO�I�ttYi (41 tkl4�es9ov. CA IV (contract value) (phone) (email) ;OBE) Bidder acknowiedges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Measure Measure(Quantity) Cost (Description) LF SY . Slopt na L tF 3300 10 2. 3. 4. 5. oa TOTAL $ Failure to complete the above may result in the Bid being declared non -responsive. Extended Cost Eli 7 -.BID BOND i�NOW Al..l. MEN BY THESE PRFSF.,N'I S, that we Kyle Construction, Inc. (herein after Called the Principal) and Merchants Bonding Company (Mutual) _ (herein called the Surety), a corporation chartered and existing under the laws of the State of Iowa — with its principal offices in the cite of Des Moines and authorized to do business in the State of Florida are held and firmly bound unto the Collier County (hereinafter called the Owner), in the full and just suns al' Five Percent (5°%) of Amount Bid dollars ) good and lawful money of the United Stalcs of America, to be paid upon demand of the Owner, to which payment well and tidy to be made, the Principal and [tic Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. 1Vhereas, the Principal is about to submit, or has submiticd to the Cl�vncr: a F3iri Par iiirnishing ail labor, materials.. equipment and ntcidentats necessary to furnish, install, and fully complete the Work on the Proiect known as Bid No. 20-7716 Pelican Ridge 1310 8" Water Main Replacement, N01V, TI (EREFORE, ifthe Ovvner shalt accept the Bici of the 1'RiNC'1PAL sect the PRINCIPAL shall enter into the required Agreenrent ttpith the Owner and within ten clays after the Clate of a written Notice of Award in accordance with the terms ot'such Bid, and give such bond or bonds iri an amount of 100% tte total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Azreenteni and told the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance. if ate PRINCIPAL shall pay to the OBLIGEE the fixed sum of Q FIVA PP.ff.Alfl{$°6� noted above as li liquidated damaS,es, and not as a tenalt . as rovided in the Biddin �� Documents, then this obligation shall be null and void, othenvise to remain in full force and effect, IN "C'ES•htMONY 'I'hereaf, the Principal and Surety have caused these presents to be duty signed and leafed this 7th _ day of April , 2020 KYLE E31' Appointed f'racftteing Agent tbr• _UTC durance Group, 6820 Porto Fino Principal (Seal) Surety (Sett[; Suite 2; Fort Myers, Florida 33�12-' Upon notification that its Laid has been awarded, the Succcsstlt Bicidcr twill execute the .Agreement foriit'attaele<{ to llsc 13iddin� Documents withirt ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certific<t%!s as regiiired by the Contract Cktcuntents, The hid security attached is to become the property of the Owner in the event the Agreerent, Insurance Certificates ancf Bonds are nag executed and delivered to Owner within the time above: set forth, as liquidated damages, for the delay and additional e xpens: to the (:Buller, it being recognized that, since time is ofthe essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement. Insurance Certificates and Bonds within tine required time period. in cite event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantity. it is hereby agreed that it is appropriate and fair that C)wner receive liquidated clamages froin the Successful Bidder in the event it fails to execute and deliver the Agreement, insurance Certificates, and Bonds as required hereunder. 77te Successful Bidder hereby expressly waives and relinquishes any right which it may leave to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents it fair and reasonable, estimate of Owner's actual damages at the lime of bidding, if the Successfint Bidder tails to execute and deliver tine Agreement, insurance Certificates, and Bonds in a timely manner. L.)pon receipt of the signed and approved agreement and Purchase Glider, the undersigned proposes to commence work at the site within live (�) c•aleudar days from the cannmencement date stipulated in the written Nance to Proceed unless the Project Manager. in i>,'riting, subsequently notifies the Contractor of a modified (later) eornmencenient date. The undersigned further agrees to substantially complete all work covered by this Bid within One Hundred Eighty (180) consecutive calendar days, Computed by excluding the commencement date and including tine last clay of such period, and to be fully completed to the point of final acceptance by the Owner within Thirty (30) eonsecutive calendar days after Substantial Completion, computed by excluding commencement date and including; the last day of such period. lies x=ctlillly_auhmittcci: State ot',Florida County of Merchants Bonding Company `(Mutuai) _ T . .-, __,_ -,_.__ being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and K e then). _ . also deposes and says that it has examined and carefully prepared its Bid fromtthe 'Bidd ilk, Documents,.in`•_.._.-_..,_...._._._...._____.__._......_._. that this de oncnt is aut lortzc to ma y . including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. ((1) jp[P lion Tlic Bidder is a corporation organized and existing under the laws of the State of, �L. _ which operates under the legal Hanle of and the fu11 names of its officers are as follows: ` Presidenr Treasure Manager The ._ ..CYAn._ �. _. ____._ is authorized to sign construction bids and contracts for the company by action of its board of Directors Men _ ;jpn.. ►+ ?02,0, (strike out this last sentence if not applicable). (b) l;'o-;('<<rtitcrslaif) Thu Bidder is a co -partnership consisting of individual partners whose full names are as follows: The co -partnership does business under the legal name oI': (c) individual The E3idde1 is trade Marne is C:umplete for information contained in (a) Corporation. (b) Co -Partnership or (c) Individual from previous page. The foregoing instrument was acknowledges corporation, on behalf or the k 1y Commission Expires: (A1=FIX OFFICI!�1.. SEAL) BY. Name 0 S;anatt: hefore me this �� ) Oration. e S le Is Del 21 L' of i"1 �_._.__2t)ZO b}• <! own to 711 or has produced i (tlid not) take an oath. Legibly Printed) ram/ Jotary Pnbiic, State of L3ON DI NCB COMPANY„, POWER UE ATTORNEY Know Ali Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and IdtERCHANTS NATIONAL BONDING, INC., both being corporations of the State of loaaa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Alan P Chandler; lan J Donald; Jeffrey A Chandler; Kathleen M irelan; Robert Trobec; Susan L Small; Wendy L Hingson their true and lawful Attomey(s)-In•Fact, to sign its name as surety(ies} and tq execute,,seai and aokngwledge any and all bands, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity oI persons, guaranteeing the performance of contracts and executing or guaranteeing bands and undertakings required or permitted in any actions or proceedings allowed by law, This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors oIf Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary. Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." The signature of any authorized officer and the seat of the Company bray be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." in connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of iIs obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-(n-Fact cannot be modified or revoked unlass prior written personal notico of such intent has bean given to the )apartment of of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11th day of February 2020 , �0 ,+ <i51v Ad 41110, Ad * 0tc r MERCHANTS BONDING COMPANY (MUTUAL) � MERCHANTA NATIONAL BONDING, INC. UZAod Adlord,p — Ca - r t ? ' Za VAN r ; a 2003 1933 By //"�01 Sod IN 7 '•lt..,,-,,.At��4-~ �,Jysr•......,•.�' «.: President r y, 16 It {. STATE OF IOWA I'1."" `" to „ COUNTY OF DALLAS ss. On this 11 th day of February 2020 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of D rectors. hP�tA� d P4LLY MASON o � Commission Number 790K76 My Commission Expires January 07, 2023 (Expiration of notary's commission does not invalidate this Instrument) Notary Public I, William Warner, Jc, Secretary of MERCHP,NT5 BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTO d RNEY executed by said Companies, which is still in full force and effect and has not been amended or revoke. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 7th day of Q, I f : oI y i�i, ♦ r oti .V44%�,� i/�� : oo.« A ', v'J;t,q„�rl� tip, + ,,,,A,/ TId,,,,,,�. .�-,-f , p _' ' C 1 : di w . es r ` took "`'`i: r+ i a r•c'd l•;• AV A Ad III 3003 r4�`�j`F" ', 1ft;ttk Secretary s`. < Y * , Fat P�JA0018(1/20) ar...,.,,•< ■ DocumentNL 1A ' ' GONTRACTOR9 (Name, legal status and address) 4Cyle Construction, Inc. 3636 Prospect Avenue SURETY; (Name, legal status and principal place of business) Merchants Bonding Company (Mutual) Naples, Florida 34104 P.O.Box 14498 Des Moines, Iowa 50306 OWNER: (Name, legal status and address) Collier County 3299 Tamiami Trail, Suite 303 Naples, Florida 34112 BOND AMOUNT: Five Percent (5%) of Amount Bid PROJECT: (Name, location or address, and Project number, if any) Solicitation #20.7716 • Pelican Ridge Boulevard • 8" Water Main Replacement This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has beell furnished to comply with a statutory or other legal requirement in the location of the Project, any provision i this B d conflicting with said statutory or legal requirement shall be deemed deleted herefran and ---- provisions of i to such statuto or other legal requirement shall be deemed incorporated herein. When so furnish , the ' to 'is ethats Bon all be constru as a statutory bond and not as a common law bond. Sig d a , dJrhis da pril, 2020 e Constructio ants Mutual (Seal) - (Sure (Se�7l) isle n L� Attovne -in-Fact ( ) dy g Y and orida Resident Agent (239) 275.8226 Init. AIA Document A310T" — 2010. Copyright ©1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This Aiti"' Document fs protected by U.S. Copyright Law and Intsrnationai Treaties. Unauthorized reproduction or distribution of this AtA'9' Document, or any portion of it, may result in severe civil and criminal penalties, and witl ha prosecuted to the maximwn extent possible under the Ia,:. 7�?is / document was created on 01/27/2012 07:23:12 under the terms of AIA Documents -on -Demand TM order no. 2008397483 IQ" is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. osiiro The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier• County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shaft be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. Coverages) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor andlor its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage( required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverager"s) and charge the Vendor for such coverages) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverageo purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificates) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificates) shall be considered justification for the County to terminate any and all contracts. Collier County Florida Insurance and Bonding Requirements `TnsuFan'oe./,Bond Type- .. .:;..,Required Lirnits � ',,,. �.; .. � �• .....7i .I 1 �,.. _ �� ' �� ...•_. �, _�_,� , 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. ®Employer's Liabilit}� 3. ®Commercial General Liability (Occurrence Form) patterned after the current ISO form $_1,000,000 single limit per occurrence Bodily Injury and Property Damage $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ®Indemnification To the maximum extent permitted by Florida law, the ContractorNendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ®Automobile Liability 6. � Other insurance as noted: $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, O�vned/Non-owned/Hired; Automobile Included ❑ Watercraft Per Occurrence ❑United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. S Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ 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 $ 1,000,000 Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Tnsur•ance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors &Omissions $ Per Occurrence Shall eauubmittedwith proposal response in the fora of certified funds; cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed contract Payment Bonds by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A " or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New Yorle, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same utsur•ance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 1 U. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11, ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ®On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ®Thirty (30) Days Cancellation Notice required. 14. 2/21/20 - CC Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. Name of Firm Vendor Signature Print Name insurance Agency Agent Name —3 d� Telephone Number, CZ 39) zi 5 " 822t7 ACR" CERTIFICATE OF LIABILITY INSURANCE D04/0612020) c� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE .AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER TTC Insurance Group Ft. Myers Office 6820 Porto Fino Circle Ste 2 Ft, Myers FL 33912 INSURED (239) 275-8226 (atC�a):_239-z7e-8e31 inasonO.vtcins.com ._u „- INSURER{S)-AFFORDINGCOVEQAGE__,,__ Kyle Construction, Inc. iNsuRER-c:Continental Company 20443 _Insurance 3636 Prospect Avenue p INSURER D: INSURER E : Naples FL 34104 INSURER F COVERAGES CERTIFICATE NUMBER:CL1992439492 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMIT'S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_. _iADDL $U-F3—.—__.—._._ ._..._ _ .........__._, POLICY EFFF �j POLICY EXP LTR I TYPE OF INSURANCE POLICY NUMBER MMIDDI YYY) f—(MNVDDFYYYYI LIMITS X COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ 1, 000 r 000 ...__.__—..._-....._...._._-- p i CLAIMS•MADE FX I OCCUR $ 100, 000 .yHEty;ISESiE9•Qv�4tL-QI:4eL -, �— 402 721 9829 10/1/2019 110/1/2020 MED EXP (Any one person) S 15, 000 I PERSONAL & ACV INJURY 11000 000 ENLAGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ 21000 000 X,.]J [�I.00 21000,000 �?01iCY COT PRODUCTS-COMP/OPAGG $ ...._____.___..__ $ ....... ,.-. I p7FIER: AUTOMOBILE LIABILITY OOvBINED'SINGLE LIMIT $ 1, 000, D00 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED y (SCHEDULEC 202 450 89 92 10/1/2019 i 10/1/2020 BODILYINJURY (Per accident) $ AUTOS AUTOS 1 X I HIRED AUTOS AUTC AUTOS d n}DAMAGE ..X_ ✓mo X UMBRELLA LIAR X occuPI EACH OCCURRENCE_._ $ 5 000, 000 t A , I EXCESS LIAB CLAMS -MADE AGGREGATE 5400400 I DED X RE7El�TION 0 607 903 2968 10/1/2019 10/1/2020 $ I WORKERS COMPENSATION I X PER OTH- j AND EMPLOYERS' LIABILITY Y! N Sr0.jl.QF._ jANY PROPRIETOR/PARTN'EWEXECIrIVE i i E,L EACH ACCIDENT $ 500� p_0o, I OFFICER/MEMBER EXCLUDED? Y j N / A k---^----- -- - C '(Mandatory in NH) WC107 367 45 77 10/1/2019 10/1/2020 E.LDISEASE- EAEMPLOYE $ 500 000 IIdaSCtibB Under ' _ 1.. � .- ' DESCRIPTION OF OPERATIONS below I EL DISEASE • POLICY LIMB & 500,000 j 1 s j DESCRIPTION OF OPERATIONS; LOCATIONS I VEHICLES (ACORD i0i, Additional Remarks Schedule, may be attached If mote space Is required) Project: Bid #20-7716 Pelican Ridge Blvd 8" Water Main Replacement CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East Naples, FL 34112 AUTHORIZED REPRESENTATIVE Altl.in Ch taller/V2 2. Y�ii�•�-- ACORD 25 (2014/01) 0 1988-2014 ACORD CORPORATION, All rights reserved. The ACORD name and Ingo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE {MM1DDIYYYY) 9/26/2019 - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiicy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER VTC Insurance Group Ft. Myers Office 6820 Porto Fino Circle Ste 2 Ft. INSURED FL 33912 KVle COnBtrllOt].On, Inc. 3636 Prospect Avenue laples, Florida 34104 COVERAGES CERTIFICATE NUMBER:2019 — 2020 IM D: lcty x>.ngson (239) 275-8226 ---- ingson@vtcinS-Coln REVISION NUMBER: (239) 275-8837 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEU 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- ._ ...............___._ —_______._.._......__... Ai9B'L 9UBR .—_...... ,...._...,,:..._._..__ . POLICY EFF POLICY EXP._ _....•___......,._�,._....__. ....,....__—_.._..__ INSR LTA TYPE OF INSURANCE POLICY NUMBER MWDDIYYYY MMICDrvYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS -MADE n OCCUR PREtyt-ISFa.pcgyinge]_ S �. MED EXP (Any one parson) S — PERSONAL & ADV INJURY S I GEN'L AGGREGATE LIMIT APPLIES PER: ( GENERAL AGGREGATE PRO` , POLICY E , __.._. PRODUCTS - COMPIOPAGG —_...._...._. _ JECT :. _OC i t AUTOMOBILE LIABILITY 1 ` COMBINED SINGLE LIMIT 9 i ANY AUTO I i BODILY INJURY (Per person) $ _ — ALL OWNED SCHEDULED I BODILY INJURY (Per accident) $ _ AUTOS AIJ'ros NDN-OWNED PROPERTY DAMAGE s HIRED AUTOS AUTOS PsracGden__ ta $ __- 1 $ UMBRELLA LIAR OCCUR i I � EACH OCCURRENCE $..---,-- EXCESS LIAB CLAIMS-MADEI AGGREGATE $ _ QED RETENTION $ WORKERS COMPENSATION I PEH jj TH- AND EMPLOYERS' LIABILITY IN Y11 ANY PROPMCE OPIPARTNERIEXECUTIVE I E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? I NIA; ---------•--------- ---------- - (Mandatory In NH) ' E.L. DISEASE - EA EMPLOYE $ I(yS , describe under _ _...—_ DESCRI F PERATI S below L. DISEASE -POLICY UMrr S :ION A Inland Marine I j SML93024315 10/1/2019 10/1/2020 Leased/Rented Any One ltem $250,000 I Aggregate Limit $250, 000 DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule: may be attached if more space Is requited) Project: Bid #20-7716 Pelican Ridge Blvd 8" Water Main Replacement Collier County BOCC 3295 Tamiami Trail East NFL 34112 aples, ACORD 25 (2014/01) INS025 (2olaot) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE [%�'�^•--��.----- ©1988.2014 ACORD CORPORATION. A11 rights reserved. The ACORD name and logo are registered marks of ACORD GO ev carou.Hty Adrninistrative Services Department Procurement Services Division FORD'I 9 -CONFLICT OF INTI;RI;ST AFFIDAVIT The vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity —The fine has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor /vendor must provide the following: l . All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: Signat Print Is Title of Signatory: tiCAO Coreor County Ad nhistrative Services Department ProcurementSeiN esDNvis;on FORM 10 - VENDORDECLM 11.0N STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. TN WITNESS WHEREOF, WE have hereunto subscribed our names on this 3day ofj., 2020in the County of ��►[ in the State of �.. Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code Only if Grant Funded Telephone: Signature by: (Typed and written) Title: �0 ■ Additional Contact Information Send payments to: af-I I Nc (required if different from Company name used as payee above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier SA MS County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Secondary Contact for this l"-%e�fie.,5 QbrQiIO�M Solicitation. Email: Km nsk:% n c. mol . corm Z;o zev county Administrative SefAces Department Procurement Services Division F0121vI 11- IMMIURATiON AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to enroll in the &Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the Vendor's proposal as non- responsive. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the 1NA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are frilly compliant with all applicable immigration laws (specifically to the 1986 Irrunigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal. Company Name Print Name Signah State of County of The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Commission No.: EVerif Welcome Lana Abraham Company Information Company Name KYLE CONSTRUCTION INC Company ID Number 367474 Doing Business As (DBA) Name DUNS Number 809734023 Physical Location Address 1 3636 PROSPECT AVE Address 2 City NAPLES State FL Zip Code 34104 County COLLIER Mailing Address Address 1 Address 2 City State Zip Code Additional information Employer Identification Number 650382582 Total Number of Employees 10 to 19 Parent Organization Administrator Organization Designation Employer Category None of these categories apply View !Edit NAICS Code 238 -SPECIALTY TRADE CONTRACTORS View /Edit Total Hiring Sites https&//eeverify.uscis.gov/web/EmployerWizard,aspx MENU i 1 i i� i �o�er corny Admhstras:e Ser -sms Depadmnt Prciw2 rf ( S: ,/Ces d:•'�Si✓1 FORM 12 - V ENDOR SUBSTITUTE VV - 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name G (as shown on income ax return) Business Name i di ent rom tax a er name Address ?ii� f CbfiIDEC�"p Aw City StateDr/t�Q Telephone�2'�� .3��%QSi Email��' Order Information (Must be filled out) Address 365b 5?t'o6aeCt Ayt& 2. Company Status (check onl�one) vidual Zip 37/oy Remit /Payment Information CMgst�.be filled out) Address Corporation Tax Exempt (Federal income tax-exempt e under Internal Revenue Service guidelines 501 (c) 3) _Partnership Limited Liability Company �_ Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (fo>• tax repnr•tingpurpores onit) Federal Tax Identification Number (TIN) 65 "03$ 2. 15B Z (Vendors who do not have a TIN, will be required to provide a social security number prior to an award). 4. Sign and Date Form: Certification; Under I cer•titu that the is correct to my latowled�e. Date Phone Number /.7_39) 545-otimg ■ IMPORTANT: Please read carefully, sign in the spaces indicated and return with ,your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed in Bidsync: I . Construction bid instructions form 2. Construction services agreement 3. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: 1. Bid Form (Form 1) 2. Contractors Key Personnel (Form 2) 3. Material Manufacturers (Form 3) 4. List of Major Subcontractors (Form 4) 5. Statement of Experience (Form 5) 6. Trench Safety Act (Form 6) 7. Bid Bond Form (Form 7) 8. Insurance and Bonding Requirements (Form 8) 9. Conflict of Interest Affidavit (Form 9) 10. Vendor Declaration Statement (Form 10) 11. Immigration Law Affidavit Certification (Form 11) 12. Vendor Substitute W-9 (Form 12) 13. Bidders Checklist (Form 13 - this form) 14. Business tax Receipt (Collier County Businesses Only) 15. Signed Grants Provisions Package (if applicable 9. Copies of required information have been attached 1. Company's E-Verify profile page or memorandum of understanding 2. Certificate of Authority to Conduct Business in State of Florida 3. Any required professional licenses - valid and current (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) 10. if required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise the Bid cannot be considered. & Title rr�fle�e�.tti, °C;A Email: Sue. Lim mermanCaycolliercountygov.net Telephone:. 239-252-8034 Memorandum Date: March 12, 2020 From: Sue Zimmerman, Procurement Strategist To: Interested Parties Subject: Addendum # 1 — #20-7716 —PELICAN RIDGE BLVD 8" WATER MAIN REPLACEMENT This addendum has been issued for the following items) identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. Pre -Bid Meeting Minutes and Sign -in Sheets: 0 20-7716 -Addendum #1 -Pre-Bid Meeting Minutes and Sign -in Sheets, attached. Extension of Q&A Period: As noted at Pre -Bid Meeting, Question due date wilt be extended to 5:00pm on March 19, 2020. (All answers will be posted no later than 5:OOpm on March 23, 2020. CC: Diana Dueri, Sr. Project Manager Piease:-acknowledge receipt of this Addendum and'nclud If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. Email: SUe.Zlmmerman"wcoiiiercounty oq v net Telephone: 239-252-8034 ADDENDUM # 2 Memorandum Date: March 18, 2020 From: Sue Zimmerman, Procurement Strategist To: Interested Parties Subject: Addendum # 2 — #20-7716 — PELICAN RIDGE BLVD 8" WATER MAIN REPLACEMENT This addendum has been issued far the following items) identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. Extension: • Q&A Period shall be extended to S:OOpm on March 26, 2020. (All answers will be posted no later than 5:00pm on March 31, 2020.) • Bid Opening shall be extended to 3:OOpm on Tuesday April 7, 2020. CC: Diana Dueri, Sr. Project Manager If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. • M�v Mw ` DivisionProcurement Services Memorandum Date: March 24, 2020 Email: Sue.Zimmerman@coliiercountygov.net Telephone : 239-252-8034 ADDENDUM # 3 From: Sue Zimmerman, Procurement Strategist To: Interested Parties Subject: Addendum # 3 — #20-7716 —PELICAN RIDGE BLVD 8" WATER MAtN REPLACEMENT This addendum has been issued for the following items) identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. Extension: Q&A Period shall be extended to 5:OOpm on March 31, 2020. (All answers will be posted no later than 5:00pm on April 1, 2020.) CC: Diana Dueri, Sr. Project Manager If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. Email: Sue.ZimmermanCWcolliercountvgov.net Teleph one: 239-252-8034 ADDENDUM # 4 Memorandum Date: March 30, 2020 From: Sue Zimmerman, Procurement Strategist To: Interested Parties Subject: Addendum # 4 — #20-7716 —PELICAN RIDGE BLVD 8" WATER MAIN REPLACEMENT This addendum has been issued for the following items) identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. UPDATE TO DOCUMENTS —REVISED PLANS and BID SCHEDULE: • 20-7716 — Exhibit M —Plans Revised The plans originally loaded to this bid on February 27, 2020 and identified as 20.7716 — Exhibit M — Plans—121719 have been removed and replaced with 20-7716 — Exhibit M — Plans — 3=13- 20. Please update your solicitation package for bidding purposes accordingly. • 20-7716 —Bid Schedule Revised The Bid Schedule originally loaded to this bid on February 27, 2Q20 and identified as 20-7716 — Bid Schedule Final has been removed and replaced with 20-7716 — Bid Schedule — 3-30-20. Please update your solicitation package for bidding purposes accordingly. Bids submitted on the prior bid schedule ("Bid Schedule Final") will be deemed non -responsive. If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. t • •, - r-l- i Memorandum Date: April 2, 2020 Email: Sue.ZimmermanLcyc IIercounggov.net Telephone: 239-252-8034 ADDENDUM # 5 From: Sue Zimmerman, Procurement Strategist To: Interested Parties Subject: Addendum # 5 — #20-7716 —PELICAN RIDGE BLVD 8" WATER MAIN REPLACEMENT This addendum has been issued for the following items) identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. UPQATE: • 20-7716 —April 7, 2020 Bid Opening •; Far.those planning to attend m person, meE "TaiarnE'°MOies,F3295 , L41 12 Far,those who' would`liice to attend via conference calf; lJlease ;call (239} 252-72t�5; Part�cipanta Access Code: 212121 CC: Diana Dueri, Sr. Project Manager If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 922038 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE • NAPLES FLORIDA 34104 • (239) 252.2477 VISIT OUR WEBSITEcAT: www.colliertax.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2020 LOCATION: 3636 PROSPECT AVE ZONED: IND BUSINESS PHONE: 6434059 STATE OR COUNTY LIC #: CU C056881 11-20 EMPLOYEES CLASSIFICATION: UNDERGROUND UTIVEXCA' CLASSIFICATION CODE: 05102801 This document Is a business tax only. This is not certification that lic� it does not permit the licensee to violate any existing regulatory zoning lam nor does it exempt the licensee from any other taxes or permits that may be DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. KYLE CONSTRUCTION INC LANA i PROSPECT AVE LES, FL 34104 •THIS TAX IS NONREFUNDABLE• DATE AMOUNT RECEIPT U W w T U N z Q Q Z 0 �, 0 z w O 0 u U Z 0 t� V J a Z aW o �.� i1J O , �' 1 1� O + `� W Q �` I- Z �� OL1 0 z W Q a W • • • z V �� Z> °� w Z W H N � N H c � v �� ^�^1 • � W f�� .� o � a c w X � W v' Q i i -� ++ a� u O "Cf �_ O N N c U N r�r y ^� rW i ^O W 0 3 c .� U i 0 .� 's Detail by Entity Name Page I of 2 Florida Department of State f A i./jt v, ip Department of State I Division of Corporations /Search Records /Detail By Document Number / Detail by Entity Name Florida Profit Corporation KYLE CONSTRUCTION, INC. Filing Information Document Number FEI/EIN Number Date Filed Effective Date State Status Last Event Event Date Filed Principal Address 3636 PROSPECT AVENUE UNIT 1 NAPLES, FL 34104 Changed:04/04/2011 Mailing Address 3636 PROSPECT AVENUE UNIT 1 NAPLES, FL 34104 P93000009639 65-0382582 02/01 /1993 01/28/1993 FL ACTIVE REINSTATEMENT 11/15/2013 Changed: 04/04/2011 Registered Aaent Name &Address ABRAHAM, LANA M 6625 HUNTERS ROAD NAPLES, FL 34104 Name Changed: 04/18/2000 Address Changed: 04/18/2000 Officer/Director Detail Name &Address Title VP ABRAHAM, CHARLES E DIVISION OF CORPORATIONS http://search.sunbiz.org/Inquiry/Corpot•ationSearch/SearchResultDetail?inquirytype=Entity... 5/11/2020 � V Detail by Entity Name Page 2 of 2 6625 HUNTERS ROAD NAPLES, FL 34109 Title P ABRAHAM,LANA 6625 HUNTERS ROAD NAPLES, FL 34109 Annual Reports Report Year Filed Date 2018 04/12/2018 2019 04/01 /2019 2020 04/21/2020 Document Images 04/21/202D --ANNUAL REPORT 04/01/2019 — ANNUAL REPORT 04/12/2018 -- ANNUAL REPORT 04/10/2017 -- ANNUAL REPORT 03/02/2016 -- ANNUAL REPORT 04/17/2015 — ANNUAL REPORT 03/25/2014 -- ANNUAL REPORT 04/03/2012 -- ANNUAL REPORT 04/04/2011 --ANNUAL REPORT 04/05/2010 -- ANNUAL REPORT 03/17/2009 — ANNUAL REPORT 04/14/2008 -- ANNUAL REPORT 04/30/2007 -- ANNUAL REPORI 05/02/2006 --ANNUAL REPORT 04/15/2005 -- ANNUAL REPORT 04/12/2004 — ANNUAL REPORT 04/21/2003 -- ANNUAL REPORT 04/17/2002 --ANNUAL REPORT 04/26/2001 --ANNUAL REPOR- 04/18/2000 -- ANNUAL REPOR 04/15/1999 — ANNUAL REPOR- 04/16/1998 -- ANNUAL REPOW 05/01/1997 —ANNUAL REPOW 05/01/1996 -- ANNUAL REPOR- 05/01/1995 -- ANNUAL REPOR View image in PDF format View image in PDF formal View image in PDF format View image in PDF format View image in PDF forma View image in PDF formal View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF formal View image in PDF format View image in PDF format View image in PDF format View image in PDF forma View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image In PDF format Florida Department of State, Division of Corporations P�:At http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai 1?inquirytype=Entity. •. 5/ 11 /2020 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Kyle Abraham Doug Griff Jesse Bucholtz Personnel Categj ML Construction Superintendent Project Manager Crew Foreman 10 Construction Services Agreement: Revised 072118 (v6) EXHIBIT B-1: PUBLIC PAYMENT BOND ITB#20-7716 Bond No. FLC 82656 Contract No. 20-7716 KNOW ALL MEN BY THESE PRESENTS: That Kyle Construction, Inc. 3636 Prospect Avenue, Naples, Florida 34104 as Principal, and Merchants Bonding Company (Mutual) I as Surety, located at 6700 Westown Parkway West DesMolnes Iowa 50266 (Business mi Address) are held and firmly bound to Collier County as Obligee in the SUM of 667,658.00"- Ww"--Mm- for the Six Hundred Sixty Seven Thousand Six Hundred Fifty Eight and No/100 ($ ) payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally, WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for Pelican Ridge Boulevard 8" Water Main Replacement In Collier County accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 18th day of May 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: Revised 072118 (v6) Signed, sealed and delivered I n the presence of: STATE OF �- COUNTY OF Cbilie2r - The foregoing instrument was acknowledged before me oHine notarization, this day offfu _ Of ' L1�- 1.tK-• a behalf of the corporation. e s e is person take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety PRINCIPAL KYLE CONSTRUCTION, INC. means of `physical presence or ❑ )aU 20 20 , by -;d,a corporation, on awn e OR has produced as i en i ication and did (did not) wil (Legibly Printed)Qrintp� Notary Public, State of Commission No.. . SURETY: MERCHANTS BONDING COMPANY (MUTUAL) (Printed Name) (Business Address (Authorized Signature) (Printed Name) 12 Construction Services Agreement: Revised 072118 (v6) STATE OF COUNTY OF Florida Lee As Attor yin Fact ' (Atta,ph Power of Attorney) Wen y L. Hingson, Attorney -In -Fact and Florida Resident Agent (Printed Name) VTC Insurance Grou _Fort Myers, Florida (Business Address) (239-275-8226 (Telephone Number) 12 The foregoing instrument was acknowledged before me by means of ❑physical presence or ❑ online notarization, this 18th day of May 20 20 by Wendy L. Hingson as Attorney -In -Fact and Florida Resident Agent of Merchants Bonding Company (Mutual) a Iowa corporation, on behalf of the corporation. )e/she is personally known to me OR has produced N/A as identification and W(did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) Notary Pubtic Stets of Florida +P�� Dawn M Onzo My Commiaalon GG 328505 N� Expires00/0112023- (Signature of Notary Public) Name: Dawn M. Onzo (Legibly Printed) Notary Public, State of: Florida Commission No,: GG 328505 13 Construction Services Agreemeni: Revised 072118 (v6) EXHIBIT B-2: PUBLIC PERFORMANCE BOND ITB# 20m7716 KNOW ALL MEN BY THESE PRESENTS: as Principal, as Bond No._ Contract No FLC 82656 20-7716 That Kyle Construction, Inc. and Merchants Bonding Company (Mutual) Surety, located at 6700 Westown Parkwa West DesMoines Iowa 50266 (Business Address) are held and firmly bound to Collier County as Obligee in the sum of NONNI Six Hundred Sixty Seven Thousand Six Hundred Fifty Eight and No/100 ($ 6671658.00------- ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 18th day of May , 2020 , with Obligee for Pelican Ridge Boulevard 8" Water Main Re a in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, aIterations 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 Aer Section 255.05Florida understood that the time provisions and statute of limitations un, 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 18th day of May 2020 ,the name of each party being affixed and these presents duly sentative, pursuant to authority of its governing body. signed by its undersigned repre 14 Construction Services Agreement: Revised 072118 (v6) Signed, sealed and delivered in the presence of: , , Principal STATE OF L COUNTY OF PRINCIPAL KYLE CONSTRUCTION, IN BY: ' �► i ►I �Cu■:►I The foregoing instrument was acknowledged before me online notarization, this day of _ cui wi auvi i. take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) means of hysical presence or 20 2G , lJ by corporation, on has produced and did (did not) • -.f Notary Public) ,qL6 A1-I (Legibly Printed) Notary Public, State of:� Commission No,: 15 Construction Services Agreement: Revised 072118 (v6) ATTEST: Witnesses as to Surety STATE OF COUNTY OF Florida Lee SURETY: MERCHANTS BONDING COMPANY (MUTUAL) (Printed Name) 6700 Westown Parkway Des moines, IA 50306-3498 (Business Address) (Authorized Signature) (Printed Name) As Attorne n Fact (Attach ower of Attorney) Wendy L. Hingson (Printed Name) 6820 Porto Fino Circle Suite_ 2 Fort Myers, Florida 33912 (Business Address) (239) 275-8226 (Telephone Number) The foregoing instrument was acknowledged before me by means of � physical presence or ❑ online notarization, this 18th day of May , 20 20 by Wendy L. Hingson as Attorney -In -Fact and Florida Resident Agent of Merchants Bonding Company (Mutual) a Iowa corporation, on behalf of the corporation. */she is personally known to me OR has produced N/A as identification and NXK(did not) take an oath. My Commission Expires; (AFFIX OFFICIAL SEAL) Notary Public State of Florida �; Dawn M Onzo My Commission GG 328505 OF Exl�res 0810112023 (Signature of Notary Public) Dawn M. Onzo (Legibly Printed) Notary Public, State of: Florida Commission No.; GG 328505 16 Construction Services Agreement: Revised 072118 (v6) I� �� MERCHANTS r %k 'BONDING COMVANY�1-0 POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Alan P Chandler; Ian J Donald; Jeffrey A Chandler; Kathleen M Irelan; Robert Trobec; Susan L Small; Wendy L Hingson their true and lawful Attorneys) -in -Fact, to sign its name as sum y(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11th day of February , 2020 �ij. ,+P ,"i10�{°94 '*,+* MERCHANTS BONDING COMPANY (MUTUAL) `, l'. fb 3',, .i MERCHANT NATIONAL BONDING, INC. co lie tzi `.X 20113 .° 1933 •c By r # , 'y'# �s.i` 'erg'#''• #'«'�: • ° {'Z# President STATE OF IOWA +'i�" `"`"`#*' '' » #+ • # COUNTY OF DALLAS ss. On this 11th day of February 2020 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. tA4,� POLLY MASON ° Commission Number 754576 VIA. a"`-/ My Commission Expires �rnup January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this (yk�++ �iit^",.Mna.*.,rt;# 1933 2003 k p�yy POA 0018 (1/20) 18th day of May 2020 Secretary EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Contractor's sole responsibility. Coverages) 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 ornon-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 (v6) Should at any time the Contractor not maintain the insurance coverages) 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. �s Construction Services Agreement: Revised 072118 (v6) £%:fit➢ Collier County Florida Insurance and Bonding Requirements Insurance l Bond Type Required' Limits 1. ❑ Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at 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 ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ❑Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. ❑ Automobile Liability $ Each Occurrence; Bodily Injury &Property Damage, Owned/Non-owned/Hired; Automobile Included ❑ Other noted: insurance as ❑Watercraft 0 Per Occurrence ❑ 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 H 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 (v8) ❑ Cyber Liability ❑ Technology Errors &Omissions $ Per Occurrence E� Per Occurrence ❑ 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. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A2 or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ❑Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 10. ❑ Collier County must be named "ADDITIONAL INSURED" on the Insurance Certificate for as Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. 11. ❑The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ❑Thirty (30) Days Cancellation Notice required. Consultant's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Consultant Signature Print Name Insurance Agency Agent Name Date Telephone Number 20 Construction Services Agreement: Revised 072118 (v6) EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: Witness ITS: President DATE: Witness STATE OF COUNTY OF [Corporate Seal] The fore99 going instrument was acknowledged before me by means of ❑physical presence or notarization, this day of 20 , EW corporation. He/she is personally My Commission Expires: (AFFIX OFFICIAL SEAL) corporation, on behalf of the known to me OR has produced as identification and did (did not) take an oath. (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: 21 Construction Services Agreement: Revised 072118 (v6) EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners the OWNER or Collier County Water -Sewer Owner's Project Manager's Name: Bid No. Project No. Count 's Division Name Purchase Order No. Submitted by Contractor Representative: Name Application Date: Contractor's Name & Address: Payment Application No. -Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & Stored to Date: $ Retainage @10% through [Insert Date] $ Retainage @ 10% through [Insert date] $ Retainage @ % after Insert date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment(s Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Completed to Date: % Liquidated Damages to Be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid forwork which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Si nature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: 22 Construction Services Agreement: Revised 072118 (v6) EXHIBIT D (Continued) SCHEDULE OF VALUES Project Name: Project Number. Date: Period To: ITEM NUMBER DESCRIPTION SCHEDULED VALUE WORK COMPLETED STORED MATERIALS TOTAL COMPLETEE & STORED TO DATE PERCENT COMPLETE BALANCE TO FINISH 10°h RETAINAGE _% RETAINAGE (reduced fate) TOTAL RETAINAGE WITHHELD PREVIOUS APPLICATIONS THIS PERIOD THRU DATE SINCE DATE TOTALS Explanation for the two columns under Previous Applications: The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue cot nto play. if this happens, all information up to the date of the %change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column. This states what has happened since the change in retainage. 23 Construction Services Agreement: Revised 072118 (v6) Exhibit D (Continued) Stored Materials Record Formula:A+B-C-D=E A B C D E Date Description Supplier Invoice Number Previously Received Received This Period Previously Installed Installed This Period Balance To Install 24 Construction Services Agreement: Revised 072118 (v6) EXHIBIT M. CHANGE ORDER An electronic data entry form may be found at: http://bccsp01 /SiteDirectory/ASD/Purchasing/Forms1 /Forms/DefauIt, aspx Change Order Form Contracttt:�� Change#:L� Purchase Order#: Gontractor/Fimt Namei — ProjectManager Name �— �� Project#:�� Project Name: �— Department: Original Corrtracb't^lork t]rd� Amount Original BCC Approval Qa�; Agenda Item #: Current BCC Approved Amount Lest BCC Approval Date; Agenda Item# Current Contraetll^lrrk Order Amount SAP Contract Expiration Date (tataster) Dollar Amountof this Change 40IWO! Total Charge from Original Amount RavisedContracYVIlon Order Total S 0.001 Change from Current BCC Approved Amount Cumulative Changes S 0.001 ODIV1fl! Change from Current Amount Date, Description of the and Rationale for the Notice to Procee�mplt LastApproved� Revised Date Date Completion oCompleetion DateDate {Inns=rdast7'scrarge] tt:ofDaysAdded C� Select Tasks ❑Add new task(s) ❑; Delete task(s) ❑ Change task{s) ❑; Other (see osu;sj Provide a respon se to the following: t.) detailed and specific exp lanationdratio nale of the requested change(s) to the task{s) and d or the additional days added (if requested{; 2.) why this change was not included in the original contract; and, 3,1 describe the impact if this chance is not processed. Attach addhtoral information from the Design Professional ardlor Contractor if needed. Prepared lay: Dat=_: {Project fAarager Name and Department} Acceptane=_ of this C harge Order shall Borst it ute a modificatian to cartract t vrork order ideriifi�d above and will be subject to all t ire Same terms and conditions as comair�ed in the contract 1 workorder indicated above, as fultyas if the same were sued in this acceptance. The adjustment, Ran to the Contract s hail corstifute a full and final sellterr>?n1 of cry and ail claims of the Contractor l Vendor l Gors uftarstJ Design Professional arising out of or related to thecharge set forth herein, includir=a claims for impact and delay costs. Accepted by: Date:, (Contractor l Vendor l Cor=:s uhari ! Design Professional and Name of Firm, 'rf project applicable} Approved 6y: Date: {Des bar Prof ss iora:l and Name of Firm, it project applicable} Approved by: Dale: (Procurement Professional 25 Construction Services Agreement: Revised 072118 (v6) EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 2s Construction Services Agreement: Revised 072118 (vs) RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on By: Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20 OWNER By: Type Name and Title 27 Construction Services Agreement: Revised 072118 (v6) EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Contractor: The following items have been secured by the for the Project known as PO No.: Date: 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 2 3 All Punch List items completed on Warranties and Guarantees assigned to Owner (attach to this form). Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) z8 Construction Services Agreement: Revised 072118 (v6) 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 (v6) 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 30 Construction Services Agreement: Revised 072118 (v6) limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218,735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re -submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 31 Construction Services Agreement: Revised 072118 (v6) stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255,078 and as set forth in the Owner's procurement ordinance and policies. 4.7 Monthly payments to Contractor shall in noway imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 32 Construction Services Agreement: Revised 072118 (v6) 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 33 Construction Services Agreement: Revised 072118 (v6) 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated, The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will 34 Construction Services Agreement: Revised 072118 (v6) record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in wrng by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel; 8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 8.13 8.1.8 8.1.9 8.1.10 of performance. Description of Work being performed at the Project site; Any unusual or special occurrences at the Project site; Materials received at the Project site; A list of all visitors to the Project Any problems that might impact either the cost or quality of the Work or the time The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features 35 Construction Services Agreement: Revised 072118 (v6) (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT. Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252=8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all 36 Construction Services Agreement: Revised 072118 (v6) work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work 37 Construction Services Agreement: Revised 072118 (v6) 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 Cl" increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 38 Construction Services Agreement: Revised 072118 (v6) 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall defendI indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B-3 to the Agreement. 39 Construction Services Agreement: Revised 072118 (v6) Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit 13-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Contractors /Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed &Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's / Contractor's proposal may be deemed non- responsive. 40 Construction Services Agreement: Revised 072118 (v6) Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www,dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, Cl" without exception or stipulation, any firms) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17, PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 41 Construction Services Agreement: Revised 072118 (v6) 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 42 Construction Services Agreement: Revised 072118 (v6) 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager 43 Construction Services Agreement: Revised 072118 (v6) ■ shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 44 Construction Services Agreement: Revised 072118 (v6) 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 (v6) costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall 46 Construction Services Agreement: Revised 07211 S (v6) 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. 25.1 'Contractor shall immediately notify Project Manager and Design Professional. The Owner oI Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor new 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 (v6) 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1,2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, 48 Construction Services Agreement: Revised 072118 (v8) ■ 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 faces 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.E 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 apre-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 (v6) Design Professional, The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of 50 Construction Services Agreement: Revised 072118 (v6) the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents Cl"d warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of 51 Construction Services Agreement: Revised 072118 (v8) ■ Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontractor purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders, 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 52 Construction Services Agreement: Revised 072118 (v6) ■ 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 3401,12 Payment Request Records 34.1.13 Meeting Minutes 34,1014 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 3441417 Insurance Certificates and Bonds 34.1.18 Contract Changes 3461619 Permits 3441 a20 Material Purchase Delivery Logs 34.1021 Technical Standards 3401022 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 3461027 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 3461,32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County 53 Construction Services Agreement: Revised 072118 (v6) 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-FMOPSO)colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid &Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials /petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 54 Construction Services Agreement: Revised 072118 (v6) 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 55 Construction Services Agreement: Revised 072118 (v6) EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS N/A 56 Construction Services Agreement: Revised 072118 (v6) kc