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Agenda 09/22/2020 Item #16A11 (Award WO to Bonness, Inc.)09/22/2020 EXECUTIVE SUMMARY Recommendation to award a Work Order to Bonness, Inc., for construction of the "Livingston Road at Vanderbilt Beach Road Intersection Improvements" project, in the amount of $604,438 (Project 60243). OBJECTIVE: To approve a Work Order for Livingston Road at Vanderbilt Beach Road Intersection Improvements. CONSIDERATION: This project consists of the construction of northbound dual right -turn lanes on Livingston Road south of Vanderbilt Beach Road, including a new traffic signal and removal and relocation of existing landscaping. (see the attached sketch). On June 30, 2020, Transportation Engineering staff sent construction plans and a bid schedule to four (4) construction companies that are currently under contract with the County on Agreement No. 16-6663 for Roadway Contractors. Staff requested quotations from those contractors to perform the construction services for the Livingston Road at Vanderbilt Beach Road Intersection Improvements project. By the Julv 28, 2020 response deadline. the Countv received the following four (4) bids: Contractor Bid 1 Bonness, Inc. $ 604,438.00 2 Preferred Materials, Inc. $681,185.05 3 Wright Construction Group, Inc. $753,210.38 4 Ajax Paving Industries of Florida, LLC $862,081.62 Staff concluded that the bids are competitive, that the low bid received is fair and reasonable, and recommends awarding the work order to Bonness, Inc. Bonness' bid is 3.55% higher than the engineer's estimate of $582,993.29. The work order and bid analysis are attached for review and recommended approval. Also attached is a copy of Bonness' Payment and Performance Bonds in the total contract amount as required by Section 12 of Agreement No. 16-6663. FISCAL IMPACT: The anticipated cost for this intersection improvement project is $604,438. Budget amendments are required to transfer funds, in the amount of $583,917.37 within Gas Tax Fund (313) from project 60230 to project 60243 for the roadway work and to transfer funds, in the amount of $20,520.63, within Landscape Capital Fund (112) from project 31112 to project 60243 for the landscaping work. The estimated useful life of the roadway improvements is 20 years with minimal to no repair cost during that duration of time. GROWTH MANAGEMENT IMPACT: This project is consistent with the Transportation Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval.-SRT RECOMMENDATION: To award a Work Order under Roadway Contractor's Agreement No. 16-6663, for the "Livingston Road at Vanderbilt Beach Road Intersection Improvements" Project, to Bonness, Inc., in the amount of $604,438, authorize the Chairman to sign the attached Work Order and approve the budget amendment. Prepared by: Julio F. Ordonez, P.E., Senior Project Manager, Transportation Engineering Division Packet Pg. 915 16.A.11 09/22/2020 ATTACHMENT(S) 1. 60243.3 LIVINGSTON RD AT VANDERBILT BEACH RD - Work Order Signed (PDF) 2. 1 Bonness Bid Form. —Livingston Road At VBR Intersection Impr. Rev. 4 (PDF) 3. 16-6663 Collier County Livingston and Vanderbilt Beach Improv. P&P Bond (PDF) 4. BID ANALYSIS - LIVINGSTON RD AT VANDERBILT BEACH RD (PDF) 5. 60243.3 LIVINGSTON RD AT VANDERBILT BEACH RD - LOCATION MAP (PDF) 6. 16-6663 Bonness_Ioft _2YrRenewal (PDF) 7. 16-6663Amendment#1_Bonness_fullyexecuted 20191016152019.704_X (PDF) 8. 16-6663Bonness_Contact FullExec_20191016152005.062 X (PDF) 9. LIVINGSTON ROAD AT VANDERBILT BEACH ROAD SKETCH (PDF) Packet Pg. 916 16.A.11 09/22/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.I I Doe ID: 13100 Item Summary: Recommendation to award a Work Order to Bonness, Inc., for construction of the "Livingston Road at Vanderbilt Beach Road Intersection Improvements" project, in the amount of $604,438 (Project 60243.3). Meeting Date: 09/22/2020 Prepared by: Title: Project Manager, Principal — Transportation Engineering Name: Julio Ordonez 08/06/2020 11:52 AM Submitted by: Title: Division Director - Transportation Eng — Transportation Engineering Name: Jay Ahmad 08/06/2020 11:52 AM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Gloria Herrera Transportation Engineering Mark McCleary Additional Reviewer Transportation Engineering Jay Ahmad Additional Reviewer Growth Management Department Judy Puig Level 1 Reviewer Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Growth Management Department Anthony Khawaja Additional Reviewer Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Board of County Commissioners Jim Flanagan Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer Growth Management Operations Support Christopher Johnson Growth Management Department Gene Shue Additional Reviewer Procurement Services Catherine Bigelow Additional Reviewer Growth Management Department Julio Ordonez Deputy Department Head Review Growth Management Department Thaddeus Cohen Department Head Review County Attorney's Office Scott Teach Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Additional Reviewer Completed Completed 08/06/2020 2:42 PM Completed 08/07/2020 7:57 AM Completed 08/07/2020 9:56 AM Additional Reviewer Completed Completed 08/10/2020 9:14 AM Completed 08/10/2020 9:36 AM Completed 08/10/2020 10:45 AM Completed 08/10/2020 4:20 PM Additional Reviewer Completed Completed 08/24/2020 3:06 PM Completed 09/02/2020 8:49 AM Skipped 08/03/2020 2:38 PM Completed 09/03/2020 12:40 PM Completed 09/08/2020 2:31 PM Completed 09/08/2020 3:31 PM Packet Pg. 917 09/22/2020 County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Laura Zautcke Additional Reviewer County Manager's Office Nick Casalanguida Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 09/09/2020 12:48 PM Completed 09/11/2020 8:39 AM Completed 09/15/2020 10:03 AM 09/22/2020 9:00 AM Packet Pg. 918 16.A.11.a WORK ORDER/PURCHASE ORDER Contract# 16-6663 "Roadway Contractors" Contract Expiration Date: March 27, 2021 This Work Order is for roadway construction services for work known as: Project Name: Livingston Road at Vanderbilt Beach Road Intersection Improvements Project No: 60243.3 The work is specified in the proposal dated July 28, 2020, which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order/Purchase Order is assigned to: Bonness, Inc. Scope of Work. As detailed in the attached proposal and the following: Task I: Livingston Road at Vanderbilt Beach Road Intersection Improvements Task It: Landscaping Improvements Schedule of Work: Complete work within 150 days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 16-6663 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with following method: ® Negotiated Lump Sum (NI,S) as provided in the attached Bid Schedule. Task 1: Livingston Rd. at Vanderbilt Beach Rd. Intersection Improvements $ 5837917.37 Task II: Landscaping Improve nts $ 20.520.63 MDtA AL FEE $ 604,438.00 � eziulio �= " 07/31/2020 PREPARLD BY: rdonez_ P enior Project Manager Date Transportation Engine ring Division APPROVED BY: 4 a6� ° J Ahmad, PE ivision Di ctor ate Tra WoEEnneering Divisi 4r APPROVED BY: pi Thaddeus Cohen, Department Head ate Ci Growth Management Department Page 1 of 3 Packet Pg. 919 16.A.11.a By the signature below, the Firm (including 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 proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: Bonness, c. -�1 30 -2-c>' Brad " on, VP Date Page 2 of 3 Packet Pg. 920 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Work Order on the date and year first written below. ATTEST: BOARD OF COUNTY COMMISSIONERS , Clerk of Courts COLLIER COUNTY, FLORIDA m. Dated: (SEAL) I irvt Witness !)rirdwIt'ness n' rneT TType/print witness name Approved as to Form and Legality: Assistant County Attorney Print Name m Burt L. Saunders, Chairman Bonness, Inc. By: Si Brad Thornton, VP Page 3 of 3 FPacket Pg. 921 1 16.A.11.b B N ES RAVING - SITEWORK + UNDERGROUND Proposal 7/28/2020 1900 Sewafd Avenue Naples, FL 14149 TEL {239) 597.6221 FAx (229) 597-7416 www,Bon nessI nc.com infoCdBor nessl nc_com FL# CUC1224797 FL# CBCO59904 Submitted To: Collier County Board Of County Commissioners Estimate Number: 158602020 Address: 3299 Tamiami Trail E Bid Title: Livingston Road At VBR Intersection Impr. Rev. 4 Naples, FL 34112 Contact: Julio Ordonez Project Location: Livingston Road At Vanderbilt Beach Road Project City, State: Naples, FL Phone: Fax: Engineer/Architect: Julio F. Ordonez, P.E. o CO) Thank You for Considering Bonness Inc. (Line # Item # Item Description Estimated Quantity Unit Unit Price Total Price a� ROADWAY 01 101-1 MOBILIZATION 1.00 LS $60,371.00 $60,371.00 a 02 102-1 MAINTENANCE OF TRAFFIC 1.00 LS $22,483.00 $22,483.00 03 110-1-1 STANDARD CLEARING & GRUBBING 1.00 LS $30,749.66 $30,749.66 p 04 120-1 EXCAVATION 1,100.00 CY $22.76 $25,036.00 05 120-6 EMBANKMENT 717.00 CY $16.35 $11,722.95 ;n 06 121-70 FLOWABLE FILL 20.00 CY $160.32 m $3,206.40 c 07 245-7-15 OPTIONAL BASE GROUP 15 (9" THICK) 1,364.00 SY $65.16 $88,878.24 08 327-70-1 MILLING EXISTING PAVEMENT (1" THICK 1,220.00 SY $1.59 $1,939.80 m AVE.) (1' MIN WIDE) 09 334-1-12 SUPERPAVE ASPH. CONC. TYPE SP 12.5 170.00 TON $139.94 $23,789.80 (TRAFFIC C, 2" THICK) 10 337-7-42 ASPH. CONC. FRICTION COURSE FC-9.5 150.00 TON $158.84 $23,826.00 (TRAFFIC C, 1") 11 425-1-361 INLET TYPE P-6 3.00 EACH $5,301.89 $15,905.67 12 425-2-41 MANHOLE TYPE P-7T 2.00 EACH $2,927.49 $5,854.98 13 425-4 MODIFY EXISTING DRAINAGE 3.00 EACH $4,043.69 $12,131.07 STRUCTURE 14 425-6-1 ADJUST VALVE BOXES (WATER) 4.00 EACH $283.44 $1,133.76 15 425-6-2 ADJUST AIR RELEASE VALVE (SEWER) 2.00 EACH $409.82 $819.64 16 425-6-3 ADJUST WATER SAMPLING STATION 1.00 EACH $640.17 $640.17 17 425-6-4 ADJUST AIR RELEASE VALVE (SEWER) 1.00 EACH $638.65 $638.65 18 430-175- REINFORCED CONCRETE PIPE, 18" (CD) 32.00 LF $81.15 $2,596.80 118 19 430-175- REINFORCED CONCRETE PIPE, 24" (CD) 12.00 LF $193.42 $2,321.04 124 20 430-175- MITERED END SECTION (CD) 2.00 EACH $1,390.73 $2,781.46 129 21 520-1-10 CONCRETE CURB & GUTTER TYPE "F" 1,000.00 LF $17.46 $17,460.00 r c a� E t U 2 r 7/29/2020 8:49:43 AM Q Page 1 of 3 Packet Pg. 922 16.A.11.b Line # Item # Item Description Estimated Quantity Unit Unit Price Tota rice 22 522-2 CONCRETE SIDEWALK (6" THICK) 880.00 SY $41.80 $36,784.00 23 527-2 DETECTABLE WARNING 40.00 SF $27.73 $1,109.20 0 0 24 570-1-2 PERFORMANCE TURF (SOD) 2,100.00 SY $2.22 $4,662.00 25 630-2-11 CONDUIT FURNISH & INSTALL - OPEN 1,001.00 LF $5.29 $5,295.29 y TRENCH c 26 635-2-41 PULL & SPLICE BOX, RELOCATE (SIGNAL) 2.00 EACH $317.14 $634.28 27 635-2-42 PULL & SPLICE BOX, ADJUST (FIBER 8.00 EACH $317.14 $2,537.12 OPTIC) 28 700-1-51 SIGN, SINGLE POST, RELOCATE 2.00 EACH $290.00 $580.00 m 29 700-1-61 SIGN, SINGLE POST, REMOVE 1.00 EACH $210.68 $210.68 = 30 706-3 REFLECTIVE PAVEMENT MARKINGS 50.00 EACH $3.96 $198.00 `m 31 711-11-121 TRAFFIC STRIPE, SOLID, 0.44 NMI $5,285.60 $2,304.52 THERMOPLASTIC (6" WHITE) 32 711-11-122 TRAFFIC STRIPE, SOLID, 872.00 LF $1.37 $1,194.64 THERMOPLASTIC (8" WHITE) 33 711-11-123 TRAFFIC STRIPE, SOLID, 73.00 LF $2.91 $212.43 THERMOPLASTIC (12" WHITE) o 34 711-11-124 TRAFFIC STRIPE, SOLID, 264.00 LF $4.39 $1,158.96 a� THERMOPLASTIC (18" WHITE) 35 711-11-125 TRAFFIC STRIPE, SOLID, 80.00 LF $5.81 $464.80 THERMOPLASTIC (24" WHITE) c 36 711-11-141 TRAFFIC STRIPE, SKIP, (2'-4') DOT. 572.00 LF $1.00 $572.00 0 GUIDE., THERMO. (6" WHITE) r 37 711-11-160 PAVEMENT MESSAGES 12.00 EACH $68.71 $824.52 (THERMOPLASTIC) 38 711-11-170 DIRECTIONAL ARROWS 25.00 EACH $58.14 $1,453.50 (THERMOPLASTIC) L 39 711-11-221 TRAFFIC STRIPE, SOLID, 525.00 LF $1.00 $525.00E Q' THERMOPLASTIC (6" YELLOW) E 40 711-17 REMOVE EXIST. PAVEMENT MARKINGS 1.00 LS $2,748.51 $2,748.51 0 (GRIND) 41 715-1-12 LIGHT CONDUCTOR FURNISH & INSTALL 3,018.00 LF $1.27 $3,832.86 m AWG 6 r 42 715-1-60 LIGHTING CONDUCTORS, REMOVE & 690.00 LF $0.48 $331.20 c DISPOSE ca 43 715-4-65 LIGHT POLE COMPLETE, RELOC. (LUM., 3.00 EACH $1,585.68 $4,757.04 > POLE & FOUNDATION) Q 44 1644-836-9 ADJUST FIRE HYDRANT 2.00 EACH $4,138.19 $8,276.38 0 45 CC-1000 UTILITY LOCATES 15.00 EACH $313.19 $4,697.85 W TRAFFIC SIGNAL p 46 630-2-11 Conduit, Furnish & Install, Open Trench 85.00 LF $19.03 $1,617.55 00 47 630-2-12 Conduit, Furnish & Install, Directional 57.00 LF $46.51 $2,651.07 S Bore 48 632-7-1 Signal Cable, New Or Reconstructed 1.00 EACH $3,065.65 $3,065.65 Intersection, Furnish & Install `0 49 635-2-11 Pull & Splice Box, F&I, 13 X 24 Cover Size 1.00 EACH $396.42 $396.42 u_ 50 635-2-11 Pull & Splice Box, F&I, 17 X 30 Cover Size 5.00 EACH $502.13 $2,510.65 op 51 646-1-11 Aluminum Signals Pole, Furnish & Install, 1.00 EACH $898.55 $898.55 N Pedestal c 52 649-21-15 Mast Arm Assembly, Furnish & Install, 1.00 EACH $70,298.47 $70,298.47 0 Single Arm 70' m 53 650-1-14 Vehicular Traffic Signal, Furnish & Install 3.00 AMBY $1,162.83 $3,488.49 r Aluminum, 3 Section, 1 Way 54 653-1-11 Pedestrian Signal, Furnish & Install Led 2.00 AMBY $713.56 $1,427.12 E Countdown, 1 Way 55 660-1-111 Loop Detector Inductive, F&I, Type 11, 4 1.00 EACH $237.85 $237.85 Q 7/29/2020 8:49:43 AM Page 2 of 3 Packet Pg. 923 Line # Item # Item Description Estimated Quantity Unit Unit Price CH, SS, RM 56 660-2-106 Loop Assembly, F&I, Type F 2.00 AMBY $1,268.54 57 665-1-11 Pedestrian Detector, Furnish & Install, 2.00 EACH $290.71 Standard 58 670-5-400 Traffic Controller Assembly, Modify 1.00 AMBY $2,114.24 59 700-3-201 Sign Panel, Furnish & Install Overhead 1.00 EACH $343.56 Mount, Up to 12 SF 60 715-5-31 Luminaire & Bracket Arm- Aluminum, 1.00 EACH $2,098.38 Furnish & Install New Luminaire And Arm On New Pole LANDSCAPING 16.A.11.b Tota rice $2,537.08 $581.42 $2,114.24 $343.56 $2,098.38 61 1 Black Olive 'Shady Lady' 5.00 EACH $941.89 $4,709.45 62 2 Black Olive 'Shady Lady' 3.00 EACH $941.89 $2,825.67 63 3 Royal Palm 2.00 EACH $3,395.47 $6,790.94 64 4 Royal Palm 2.00 EACH $1,046.55 $2,093.10 65 5 MOT - COVERED BY PRIME CONTRACTOR 1.00 EACH $1.00 $1.00 (ROADWAY WORK ITEM 101-1) 66 6 Cap existing sleeves 2.00 EACH $719.90 $1,439.80 67 7 Cap laterals 3.00 EACH $239.97 $719.91 68 8 Bubblers 36.00 EACH $53.91 $1,940.76 ROADWAY ALLOWANCE c 69 CC-10000 ROADWAY ALLOWANCE 1.00 LS $50,000.00 $50,000.00 c i r Total Bid Price: $604,438.00 a� Notes: • BID SCHEDULE - Livingston Road at Vanderbilt Beach Road Intersection Improvements - Collier County Project No. 60243.1 L Payment Terms: Payment due within 30 days of date of invoice, regardless of when payment is made by Owner. Credit Card payments are not accepted. E ACCEPTED: The above prices, specifications and conditions are satisfactory and hereby accepted. Buyer Signature: Date of Acceptance: CONFIRMED: Bonness Inc. Authorized Signature: Estimator: Ruan Hill / Dan Mikelson r c a� E t U 2 r 7/29/2020 8:49:43 AM Q Page 3 of 3 Packet Pg. 924 INSTR 5901938 OR 5795 PG 2995 RECORDED 8/3/2020 10:17 AM PAGES 7 16.A.11.c CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC S61.00 EXHIBIT B-2 PUBLIC PERFORMANCE BOND Bond No. 964011379 Contract No. 16-6663 KNOW ALL MEN BY THESE PRESENTS: That Bonness, Inc., 1900 Seward Ave, Naples, FL 34109 , as Principal, and Liberty Mutual Insurance Company as Surety, located at 175 Berkeley Street, Boston, MA 02116 (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Oblige in the sum of Six hundred four thousand four hundred thirty eight and 00/100 ($ 604,438.00------- ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of M 20with Oblige for Livingston Road at VBR Intersection Impr. Rev. 4 c O in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat 00 hereof, and is referred to as the Contract. 06 a. THE CONDITION OF THIS BOND is that if Principal: o 0 Q 1. Performs the Contract at the times and in the manner prescribed in the Contract, and E 2. Pays Oblige any and all losses, damages, costs and attomeys' fees that Oblige sustains because of any default by Principal under the Contract, Including, but not limited to, all delay damages, whether m liquidated or actual, incurred by Oblige; and = L 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, a 0 alterations or additions to the terms of the Contract or other work to be performed hereunder, or the y 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, alternations or additions to the terms of the Contract or > to work or to the specifications. i:i Page 19 of 29 #16-6663'ROADWAY CONTRACTORS' Bonness, Inc G Packet Pg. 925 OR 5795 PG 2996 16.A.11.c Signed, sealed an In the presence of Witnesses as to Principal STATE OF %kvr taC". COUNTY OF ot1�c✓ PRINCIPAL: Bonness, Inc. In By: V ar, l'� Name: rAdl�e• Y� Its. The foregoing instrument was acknowledged before me this V, of 20 20, by asYP_a-(vim of i3anv.�s5 tY�G , a S corporation, on behalf of the corporation. He/she is ersonall know to OR has produced as identification and d not) take �n oaths My Commission Expires: -5131 Vo Z 3 LORE LEY MOLINA AFm G 318086 ( pimV';f;1.2023 e{„ BondedThruTioyFain lnuuanca000.30&7001 ATTEST: Witness as to Surety Name: Mod 11n,r, (Legibly Printed) Notary Public, State of -vJOY tdC-\. Commission No.: _ C$-\C71 -_; % 1 t)()5�L, 0 SURETY: Liberty Mutual Insurance Company (Printed Name) 175 Berkeley Street Boston, MA 02116 (Business Address) (Authorized Signature) (Printed Name) OR Page 17 of 29 #16-6663'ROADWAY CONTRACTORS' Bonness, Inc. c 0 CO a 06 a Packet Pg. 926 OR 5795 PG 2997 16.A.11.c As Attorney in F ct (Attach Power of Attorney) � Cindy L. Mirisola, Attorney -in -Fact & FL Res td8nt gent 0 r 1021 Douglas Avenue + 4 ,fin' ,3p ��g►, W Altamonte Springs, FL 32714 ' r ,.,, ,. `;�, (Business Address) r Cindy L. Mirisola / Sihle Insurance Group, Inc. S 2 (Printed Name) (407)389-3588 c 0 (Telephone Number) STATE OF Florida c COUNTY OF Semmo e a m The foregoing instrument was acknowledged before me this 29th day of July 06 20 20 , by Cindy L. Mirisola as Attorney -in -Fact d of Liberty Mutual Insurance Company Surety, on behalf of Surety. He/She is personally known o to me OR has produced N/A as identification and who did (did not) take an oath. a My Commission Expires: 1LA, jntl — wcl-,tax (AFFIX OFFICIAL SEAL) ppR°ye°' * • qGG 921569 ti i�0'y.Q •�i p dad oucZi Name :ure of Notary) (Legibly Printed) Notary Public, State of Florida Commission No.:. 6 e:;, q �1 J (D ol Page 18 of 29 #16-6663'ROADWAY CONTRACTORS' Sonness, Inc. fG Packet Pg. 927 OR 5795 Pc 2998 16.A.11.c EXHIBIT B PUBLIC PAYMENT BOND Bond No. 964011379 Contract No. 16-6663 KNOW ALL MEN BY THESE PRESENTS: That Bonness, Inc., 1900 Seward Ave, Naples, FL 34109 , as Principal, and Liberty Mutual Insurance Company , as Surety, located at 175 Berkeley St., Boston, MA 02116 (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Oblige in the sum of Six hundred four thousand four hundred thirty eight dollars ($ 604,438.00 ----- - ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of _ , 20_, o with Oblige for Livingston Road at VBR Intersection Impr. Rev. 4 in accordance with '- drawings and specifications, which contract is incorporated by reference and made a part hereof, and c is referred to as the Contract. M a THE CONDITION OF THIS BOND is that if Principal: a 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 255,0592. 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 29th day of July , 20 20 , the name of under -signed representative, pursuant to authority of its governing body. Page 16 of 29 #18-6663"ROADWAY CONTRACTORS' Bonness, Inc. C4 Packet Pg. 928 OR 5795 PG 2999 16.A.11.c This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be flied by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 29th day of July 20 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, in the p Witnesses as to Principal STATE OF IR UV, Ldc^ COUNTY OF Goltt 2✓ PRINCIPAL: Bonness, Inc. c o_ By: Name: ' A Its: '2t0n4 - -- o The foregoing instrument was acknowledged before me this �' day of 204- U , by Ry d\4��v v as 2 ,CC reof Ylhn S, l YtiG a corporation, on behalf of the corporation. He/She is Personally has produced as identification and did (did not) take an oath. / AL M 0Z� Comnnscinn CG M8086 Explrw March 31, 2023 Bm�dud IYnu Irny yu U1soranai B00.0A5.10% (AFFIX OFFICIAL SEAL) Name, of (Legibly Printed) NAo�kra' Notary Public, State of -V- �OY La C�, Commission No.: CS -A C-7-1 3tE C)Bfo Page 20 of 29 #16-6663'ROAbWAY CONTRACTORS" Bonness, Inc. Packet Pg. 929 OR 5795 PG 3000 16.A.11.c ATTEST: Witness as to Surety SURETY: LibertyMutual Insurance Company P Y G =; �.>�' ' ' AK f .�. c 4 c1� (Printed Name) :' o� ' '� ©) :Q 175 Berkeley Street Y'•�%.; p�5 Boston, MA 02116 (Business Address) (Authorized Signature) (Printed Name) c 0 OR 1A . k ,1 � - 11 - - - --- - As Attorney in Fa Sy�ez� f1C Q (Attach Power of Attorney) m Witnesses a. Cindy L. Mirisola, Attorney -in -Fact & FL Resident Agent tl 1021 Douglas Avenue Altamonte Springs, FL O (Business Address) a E Cindy L. Mirisola / Sihle Insurance Group, Inc. v (Printed Name) m (407)389-3588 (Telephone Number) STATE OF Florida COUNTY OF Seminole = M The foregoing instrument was acknowledged before me this 29th day of JulY 20 20 , by_ Cindy L. Mirisola , as Attomey-in-Fact of Liberty Mutual Insurance Company , Surety, on behalf of Surety. He/She is personally known to me OR has produced N/A as identification and who Vid (did not) take an o th. My Commission Expires: //mx&� (Signature of Notary) i Name: 6 0-� l c (- (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida lo Commission No.: (a� " l ol� Page 21 of 29 #16-6663'ROADWAY CONTRACTORS' Bonness, Inc. �^1.n Packet Pg. 930 *** OR 5795 PG 3001 *** 16.A.11.c 0 Liberty �mutu5l- SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 0202911-964018 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company Is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the'Companies•), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Robert H Bond; Heather Bradley; Shelley Fane; Cindy L. Mirisola; Louis G. Mitchell, Gerald K. Sihle all of the city of _ Altamonte Springs state of FL each Individually if there be more then one named, Its true and lawful attorney -In -fact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies In their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 15th day of January 2020 . Liberty Mutual Insurance Company P� INSuR �1*1 INSV INsu� The Ohio Casualty Insurance Company > �� oRPOWr'yo y� �oRP°r4rRfy CrP:oaP°Rfr 9� West American Insurance Company 19124'. o_ y19194 o Q 1991 0 dJ1 A'P,�CHUe`� ,dJ ZDNAMPs~r By: n David M. Carey, Assistant Secretary Stale of PENNSYLVANIA c County of MONTGOMERY ss to On this 15th day of January 2020 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o Company, The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes c`o0 w therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written yp PAST F� COMMONWEALTH OF PENNSYLVANIA Q!4 dONW OF Notarial 5oa1 Teresa Peslella, Notary Public Lipper MorlonTwp., Montgomery County By; My Commisslon Expires Merrh 2a, 2021 TeresaPaslella,NotaryPublic Member. PemaylroNaAssociation ofNoladns rvr This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now In full force and effect reading as follows: ARTICLE IV— OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognlzances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such Instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-tact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act In behalf of the Company to make, execute, seal, acknowledge and deliver as surety eny and all undertakings, bonds, reeognizances and other surety obligations. Such altomeys-in-fact subject to the limitations set forth In their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. o`er o� O E 1 0 o sa ai c o a1 ao >o cur .r = CIJ 0ao r N rh Cco r o0 Ur o� Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such allomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is.in fug force and effect and has not been revoked. Efate of FLORfDA County of Collief- IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the set lsl'of jl-Cgmpd i is ✓ 9th day of JULY 202 EY CERTIFY Txtt this is a true �� .�, �, rgect{CML of "document recorded in the dPFIGtAi'0.ECORDL of Collier County INSU� �;(`( INy O a l(;qq, lr�s� y mad and ofticial seal ,�J GORPORI/. 'LCy yJ 4oR? - i(. 1 mil' GORP° NYC' CRYSTAL PPKII EL - 5 CLERK RCUIT COU AND COMPTROLLER Y t Q B BY: D.C. �y Renee C. Llewellyn, A IstanLSecre I p 1411 y . J LMS-12873 LMIC OCIC WAIC MUNI Co 17J1B �U Z �, • • • • r ` Ira3 C. ILI J O O M O DO a 06 a O CL E t v d m d C ra C O i= O N CM C J C 7 O U D O U M tD O O C d U rt3 Q Packet Pg. 931 Je p11 uOIS6ulnl-1 : 00�£�) OU HOV381-118UMNVA IV a21 NOlSONIAI-1 - SISA-JVNV ale :IUBWLIOBIIV 8$888080880 0880080 080 mew o80 gg $8§ Na aga6s5 gs o $$ m m a gaffs $ $ "' N 8 8 m 8 8 8x $ 8 "' R 8 8 8 N N$ N 8 8 «i "' R 8 R R g g« "' 8 8 R ` y R 8 e 8 S C N g 2 w 8 �2 R N$ �n w 8 0 8 a» 5 m a 5 «, » RF a R z -_ spas $ �o� sa s 99 9 m$�$M 2 ws Ric »a»a� »m» s _"sw 8- $ zh ss889.°8$89 8 m me°ass°° °ams=^°-�o- ° n�omn� �$mm$m8mawrn ms °°ma sR�ae��se a ammmasa�osmE$�ao==mamm me a� s -$swsw «$«» "' 1 S s m2 1R 8 3 2 $ 8 S 8 8 R G 8 a 8 B d$ m e$ S w S B& w m 1 w e m 9: n w A n$ "' 7 w$ 8 RK 6 a T Ile w m 8 m 4 « 8 8 8 8 1.8 m PAWS �m�m M & »»4» «, 2a "' � »'18' 46 8'8''" m » 8 e�� ' "' o w $ o�R ro�ess o M$$e Di 's�" N �3 4 w _ 3 o 9 q 3 z e o m y s 3 > FF FF FF Z10 o - U_ F n u w rc a n a n a n z - w Z m _. w N¢ m- w u(aJ(aJY N_ S 7 a z U 0 W. Q� U' w n n rc m O rc r �� rc rc r q H.W.M. rc1. r O K u° c T� a_= 'E c 'E c o$' E O U W. O N;=;nne°°mwaw� Z. z O O N w _ N u 0 o o m z ep =-uma�E' E rc n 0 k p w w w u c�pi O u- p r i H N H N H y Q O N 0 3 9 __ w E m LL b w p w m 3 0 3° y m °m n a w N <_ n o °° w -° ` u _ w E m _ c LL d m 8 o U a w wm ° cOi vi - w n a__ n E r O x U L; E o o E u m w S rc a2 f w Q a O `z w w u� a 3 a U o w O o pwmt F a I1 2 (� 5 2 y O U O U O U �r�i u� O w U 0 i w LL a O E r _$ a $_vi n E a 3 m E O i V b z E E W D _m w i 2 aa<; O a n 2Q °O 7 j i-- p U o w o o m w F w,¢ LL¢ LL¢- w o LL o m c E 3 3 'c 0 ' 3$ m - o o n x s -- e o O Q E s F U m w O w o E N¢ 3 s E¢¢¢¢ rc r rc E° O O w w O> j U (_ w rc 4n gn 4n gn 4n a 0 4n '- ¢ _= - n' a m E> n 3 m 9 n wE w S' °' O 8 f g m N^^$ ry N N- `? 8 r r N N g .A . `� c°i 16.A.11.d BID COMPARISON SUMMARY Bidder Bid Engineer's Estimate $582,993.49 Bonness $604,438.00 Preferred Materials $681,185.05 Average Bid $725,228.76 Wright Construction $753,210.38 Ajax Paving, Inc. $862,081.62 BID COMPARISON CHART $1,000,000.00 $900,000.00 $800,000.00 $700,000.00 $600,000.00 $500,000.00 $400,000.00 $300,000.00 . $200,000.00 $100,000.00 $0.00 lb K'b L��tJ t + -3.55% 0.00% 12.70% 19.98% 24.61 % 42.63% Packet Pg. 933 j l fap e5 I i --!7 `Pine R-idge r der El DocuSign Envelope ID: 130DCC78-2CFC-4403-BE8C-A8DDED5El9OA 16.A.11.f Co ier County Administrative Services Depaftent Procurement Services Division 11/5/18 Jeff Janco, Executive Vice President Bonness, Inc. 1900 Seward Avenue Naples, Florida 34109 Email: jlanco(a�bonnessinc.com RE: Contract Renewal for # 16-6663 "Roadway Contractors" Dear Mr. Janco: Collier County would like to renew the above contract under the same terms and conditions for an additional two (2) year period in accordance with the renewal clause in the contract. If you are agreeable please indicate your intentions by providing the information requested below and executing the acceptance section: I am agreeable to renewing the above referenced contract under the same terms, conditions, and pricing as the existing contract. 6V 1 am not agreeable to the renewal of this contract. By executing the section below, this contract will be in effect from 3/28/19 until 3/27/21. Acceptance of Contract Renewal Company Name Bonness Inc Company Signature &PUa ln.ovgA"VL Print Name Brad Thornton Signature Date c a� E U 2 a Procurement Services Division • 3295 Tamiami Trail Last -Naples, Florida 34112-4901 • www.00lliergov,neUprocurementservices Packet Pg. 935 DocuSign Envelope ID: 130DCC78-2CFC-4403-BE8C-A8DDED5E190A 16.A.11.f Page 2 of 2 RE: Contract Renewal for # 16-6663 "Roadway Contractors" Updated Contact Information (Only if addressee information on the first page is incorrect) Contact Name Brad Thornton Telephone Number (239) 597-6221 FAX Number (239) 597-7416 Email Address bthornton@bonnessinc.com Collier County Procurement Services is pleased to announce, it has partnered with BidSync to provide Free web -based Bidding services to its vendors, suppliers and contractors. We are now "live on the new bidding platform. Register today at www.bidsync.com. For Registration Assistance, please contact BidSync customer service at 800-990-9339 Or email: supportgbidsync.com. Please return this letter to the Procurement Services Division with your response no later than 11/13/18. You may email your response to: email renewalsQcolliergov.net. If you have any questions you may contact me at 239-252-8407. Respectfully, Digitally signed by HerreraSandra HerreraSandra ou Pur net, dg Use i Accounts, cn=bcc, errDivisions, ou=ASD, ou=ASD Purchasing, ou=Purchasing User Accounts, cn=HerreraSandra, email—Sandra.Herrera@colliercountyfl.gov Date: 2018.11.05 14:28:52-05'00' Sandra Herrera Procurement Contract Manager — Procurement Services Division C: Mark McClearly / Transportation Engineering Packet Pg. 936 16.A.11.g FIRST AMENDMENT TO AGREEMENT #16-6663 "ROADWAY CONTRACTORS" BETWEEN COLLIER COUNTY BONNESS, INC THIS AGREEMENT, made and entered into on this day of � &, � 2017, by and between Bonness, Inc., authorized to do business in the State of Florida, whose business address is 1900 Seward Avenue, Naples, Florida 34109 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WHEREAS, on March 28, 2017, Item 16.A.17, the County entered into an Agreement with Contractor to provide complete construction services to include but not limited to roadway installation; and WHEREAS, the parties desire to amend the Agreement to correct an error found in the Agreement transmitted for final approval to conform with correct information set forth in the Board approved Executive Summary and Agreements; and WHEREAS, this amendment reverts back to the Board approved language, which states quotation shall be obtained from all vendors under contract for projects with a value of $200,000 or less. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the parties agree as follows: Words Struek Threagl} are deleted; Words Underlined are added "Remainder of this page left blank intentionally* r c a� E Pagel U 3 FIRST AMENDMENT TO AGREEMENT #16-6663 Q "ROADWAY CONTRACTORS" BONNESS, INC. Packet Pg. 937 16.A.11.g 2. STATEMENT OF WORK. The Board of County Commissioners deemed four (4) firms to be qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to provide complete services for roadway construction services on an as -needed basis as may be required by the Owner in accordance with the terms and conditions of Request for Proposal (RFP) #16-6663, Exhibit A — Scope of Services and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. 2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Any County Agency may utilize the services offered under this Agreement, provided sufficient funds are included in the budget(s). 2.2 The procedure for obtaining Work under this Agreement is as follows: respond2. Gen#aeter shall proposal b „b For projects with a value of 00,000 $20000 or less are as e: 1. Quotations shall be solicited from all of the Contractors selected. 2. Contractors shall respond with the information and/or proposal sought within ten (10) business days. 3. Owner may negotiate terms and conditions of the scope of work. 4. Issuance by Owner of a Purchase Order. r c a� E Page 2 of 3 L) FIRST AMENDMENT TO AGREEMENT #16-6663 Q "ROADWAY CONTRACTORS" BONNESS, INC. Packet Pg. 938 16.A.11.g IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Amendment on the date and year first written above. CONTRACTOR BONNESS, INC. By: ignature �/71Zu'�ru� TType/print signature and titleT Da e 5>�Qfllc� Fir Witnes TType/print witness naineT (4 &�". Second Witness A . t`�1ans�I t>L TType/print witness nameT COUNTY BOARD OF COUNTY CON IISSIONERS COLLIER COUNTY, FLORIDA y Edward F. Coyman Jr., /" Procurement Services Director Rw"�' Date ned as t Legality: Form d ILI Deputy County ttorney —< ,,,- 1, Pnnt Name r c as Page 3 of 3 E FIRST AMENDMENT TO AGREEMENT N I6.6663 "ROADWAY CONTRACTORS" L) BONNESS, INC. Packet Pg. 939 16.A.11.h A G RE E MEN T#16-6663 for ROADWAY CONTRACTORS THIS AGREEMENT is made and entered into this 6-�-- day of 2017, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Bonness, Inc., authorized to do business in the State of Florida, whose business address is 1900 Seward Avenue, Naples, Florida 34109 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. TERM AND COMMENCEMENT. The Agreement shall be for a two (2) year period, commencing on Date of Board award, and terminating two (2) years from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed or terminated. The Contractor shall commence the Work upon issuance of a Purchase Order. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all the terms and conditions contained in this Agreement for one (1) additional, two year renewal. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Board of County Commissioners deemed four (4) firms to be qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to provide complete services for roadway construction services on an as -needed basis as may be required by the Owner in accordance with the terms and conditions of Request for Proposal (RFP) #16-6663, Exhibit A — Scope of Services and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. 2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the m procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Any County Agency may utilize the services offered under this Agreement, provided sufficient funds are included in the budget(s). c a� E U Y Y Page 1 of 29 a #16-6663"ROADWAY CONTRACTORS" Bonness, Inc. Packet Pg. 94 Summary of Work to be provided to one (1) of the Contractor's selected on a basis th ensures a relatively even distribution of work. i 2. Contractor shall respond with the information and/or proposal sought within seven (7) business days. AU111 U, ! Rllniiii�mjlq ;1 110 2. Contractors shall respond with the information and/or proposal sought within ten (10) business days. 44. Issuance by Owner of a Purchase Order, AT 0, Ul I 'I, I '' — M111 111111 a I roil 1. Written quotations shall be solicited from all of the Contractors. The written quotes may be obtained electronically via the On -Line Bidding System, email or written communication. Completion time shall be specified in the Quotation. 2. Contractor shall respond with the information and/or proposal sought within fifteen (15) business days or as specified by the Project Manager. 4. Issuance by Owner of a Work Order; Department Head, County Attorney and Board of County Commissioners approval is required. Completion time and the collection of liquidated damages may be specified in the Quotation. Payment and Performance Bonds will be required and shall be provided within ten (10) business days after notification of award. 5. Certification of Final Completion is required by the County in order for the Contractor to receive final payment. 110jim W 2.3 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project Manager or designee, in compliance with the Procurement Ordinance, as amended and E Procurement Procedures in effect at the time such services are authorized. Page 2 of 29 #1 6-6663"ROADWAY CONTRACTORS" Bonness, Inc. F—Packet Pg. 941 3. THE AGREEMENT SUM. The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in the response to a specific Request for Quotation and pursuant to the Price Methodology in Section 3.1. Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferr from the County to the Contractor; and, as a business practice there are no hourly or materi - invoices presented, rather, the Contractor must perform to the satisfaction of the County's Proje Manager before payment for the fixed price contract is authorized. 4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Bonness, Inc. 1900 Seward Avenue, Naples, Florida 34109 Phone: 239-597-6221 Fax: 239-597-7416 Attn: Jeff Janco, Executive Vice President Email: jjancoL&,bonnessinc.com All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Growth Management Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Travis Gossard, Sr., CPM Phone: 239-252-8924 Fax: 239-774-6406 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all (D E such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all Page 3 of 29 #1 6-6663"ROADWAY CONTRACTORS" Bonness, Inc, FPacket Pg . 942 permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. 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. Owner will not be obligated to pay for any permits obtained by Subcontractors. 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. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County, 8. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to perform Contractor services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. A. Commercial General Liabilit : Coverage shall have minimum limits of $1,000,000 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. B. Business Auto Liabilit : Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership, C. Workers' Compensation,: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Page 4 of 29 #1 6-6663"ROADWAY CONTRACTORS" Bonness, Inc. FPacket Pg. 943 Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure that all subcontractors comply with the same insurance requirements that Contractor is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall 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 or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 11.1 The duty to defend under this Article 11 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 11 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. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "B". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business 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 another bond and surety, both of which shall be subject to the Owner's approval, 13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on the response to the Request for U2 Page 5 of 29 #1 6-6663"ROADWAY CONTRACTORS" Bonness, Inc. F-Packet Pg. 944 Quotation a request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "C" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner 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 failed or reasonable evidence indicating probable fling 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)I unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 15. S113MITTALS AND SUBSTITUTIONS. Any substitution of prod ucts/materials fro specifications shall be approved in writing by Owner in advance, I A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all 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 supplies and contractors. B. 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. C. 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 reribve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly Page 6 of 29 #16-6663"ROADWAY CONTRACTORS" Bonness, Inc. FPacket Pg. 945 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. .1 17. CHANGES IN THE WORK. 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, Contracto[ shall submit an 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 modifications to this Agreement shall be in compliance with the County's Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. 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. 18. ADDITIONAL ITEMSISERVICES. Additional items and/or services may be added to this contract in accordance with the Procurement Ordinance, as amended, and Procurement ProcedUres. 19. COMPLIANCE WITH LAWS. The 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, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements in F.S. § 11 9.0701(2)(a)-(b) as stated as follows: Communication and Customer Relations Divisior 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: CD E M 0 1. Keep and maintain public records required by the public agency to perform the service. Page 7 of 29 #1 6-6663"ROADWAY CONTRACTORS" Bonness, Inc. Packet Pg. 946 K 9 nu 111pon 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 byr- Ensure that public records that are exempt or confidential and exempt from public .2 records disclosure requirements are not disclosed except as authorized by law for the um duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 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 'do) 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 (D disclosure requirements. If the Contractor keeps and maintains public records upon -a 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. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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. 20, CLEAN UP. 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. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without t prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement any part thereof, it shall require that its assignee be bound to it and to assume towa Contractor all of the obligations and responsibilities that Contractor has assumed towaill Owner. 22. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the RFP #16-6663 Roadway Contractors, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 23. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen 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. Page 8 of 29 #16-6663"ROADWAY CONTRACTORS" Bonness, Inc. Packet Pg. 947 16.A.11.h Contractor • Owner that all materialsd equipment furnished under Contract Documents econnected,erected,-• cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors exc-• as otherwise provided othe Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance - Contract Documents, • a •r shall correct it promptly after r- - •, of written notice from. ' also be responsible for and pay for-• - - or repair of adjacent materials or Work which may be damaged as a result of such replacement or -• These warranties are in additionto those implied warranties to which Owner entitled as a matterof 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed • courteous. Subject to the AmericanDisabilities • osupply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or - •. . • of any public authority having jurisdictionover - Project re# - portion the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner 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 Owner. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. person -.- or the Work or property at the Project site or adjacent thereto, Contractor,•special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or •ss. Contractorgive the Owner written notice within forty-eighti hours Page 9 of 29 #1 6-6663"ROADWAY CONTRACTORS' Bonness, Inc. Packet Pg. 948 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 Owner 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,. t1i, Contractor shall be deemed to have waived any right it otherwise may have had to seeK o.djustment to the Contract Amount or an extension to the Contract Time. 28, COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof)I to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit F, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof)I and include a tentative punchlist 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 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit G, recommending that on the basis of Owner's 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. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "C." (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, 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 acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. Page 10 of 29 #1 6-6663"ROADWAY CONTRACTORS" Bonness, Inc. o Packet Pg. 949 W LIQ1IDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner, 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. .2 The Work shall •e • completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) • the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation Ior each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner 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 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 complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next r.ucceeding day which is not a Saturday, Sunday or legal holiday. 30. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Growth Management Department. 31. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP #16-6663 Roadway Contractors, Exhibit A — Scope of Services and any addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders, 32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part 111, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County Page 11 of 29 #16-6663"ROADVVAY CONTRACTORS" Bonness, Inc. FPacketpg. 950 star • a specified •-io• • time; • Prohibition • the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 33. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 34. SALES TAX. 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. 35. 117,1111IG RATION LAW COMPLIANCE. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement .• 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. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 38. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 39, 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 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 Page 12 of 29 #16-6663"ROADWAY CONTRACTORS" Bonness, Inc. FPacket Pg. 951 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-FMOPSP ,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. 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 effori to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County 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 County's staff person who would make the presentation of any settlement reached at mediation to County'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. 41. SAFETY. All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any department/division and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. ***************************Remainder of page intentionally left E Page 13 of 29 #16-6663"ROADWAY CONTRACTORS" Bonness, Inc. FPacket Pg. 952 Collier County BCC 1/3/2017 5:00:59 PM PAGE 17/033 Fax Server 16.A.11.h IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST:,', DWig E. Brock; C: rk of C:&L �i ti Dated: l Attest as tirman's signature only. -ae-.,p ,�\ I - 2=('� First ��Dp i ess Su-S,�� -S p/1 E %arp,,L-r Print Name and Title /abwi M Second Witness Print Name and Title C!rpr ved s to m a d Legality: Ista County Attorney BOARD OF COUNTY COMMISSIONERS COLLII. R LINTY, FLORIDA Bonness, Inc. Contractor BY: Signature Print Name and Title c a� E U Y Y Page 14 of 29 Q #16-6663"ROADWAY CONTRACTORS" Bonness, Inc. L..1 Packet Pg. 953 work may require lengthening or otherwise modifying left and right turn lanes along County arterial and collector roadways. This work would typically include, but not be limited to: removal of existing grass or plantings; removal of existing curbing; excavation for new turn lane area; placement of base material and paving; drainage; adjustment of utilities, if present, including irrigation and electric service; revisions to signing, pavement marking and striping; any other additional work necessary to provide a lengthened or otherwise modified turn lane. 2. The work required modifying median openings along County arterial and collector roadways. This work would be similar to that outlined above in Item 1, however, there may be no existing grass or plantings present. New grass or plantings may be required on a case -by case -basis. 3. The work required providing improvements at the intersections or extension of roadways. This work could have some or all of the elements outlined in Items 1 and 2 above. The work in this category, and the other categories, could also include removal and replacement or construction of new sidewalk, including ramps for the handicapped, and constructing swales. 5. Maintenance of Traffic/Traffic Control and Protection will be a part of all projects and will be in accordance with FDOT and Collier County standards and requirements of the Maintenance 0—t Traffic Policy, copies of which are available through the Risk Management and/or Procurement Services Division(s). The Project Manager will have the discretion to require replacement of sub -contractors) on a County projects. The Contractors will be responsible for providing complete construction services for a wide rang of projects that may be required by any of the Collier County Departments/Divisions. Th Contractors shall be responsible for knowledge of and compliance with all relative local, state an federal codes and regulations. I The Contractors shall provide the County with a one (1) year warranty for all work performed. This warranty will not go into effect until the project has been completed to the County's total satisfaction. Page 15 of 29 #16-6663"ROADWAY CONTRACTORS" Bonness, Inc. Packet Pg. 954 Bond No. Contract No. 16-6663 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 20_, with Oblige for in accordance with Trawings and specifications, which contract is incorporated by reference and made a part hereof, an#JJ is referred to as the Contract. 1111 11� 1 111 IN iii I 1 11 IiMIIII Promptly makes payment to all claimants as defined in Section 255.05(l), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in tht 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 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20—, the name of under -signed representative, pursuant to authority of its governing body. E Page 16 of 29 #16-6663"ROADWAY CONTRACTORS" Bonness, Inc. �J Packet Pg. 955 Signed, sealed and delivered in the presence • szm�r'= - The foregoing instrument was acknowledged before me this of , as if - corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: FAIIJIg Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Page 17 of 29 20_, by .a #16-6663"ROADWAY CONTRACTORS" Bonness, Inc. Packet Pg. 956 As • in Fact (A (Printed Name) The foregoing instrument was acknowledged before me this _ day of 20 —, by as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 18 of 29 #16-6663"ROADWAY CONTRACTORS" Bonness, Inc. FPacket Pg. 957 Bond No. Contract No. 16-6663 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound tO 'aaOblige inthe sum of ($ for the payment whereof we bond ourselves, our heirs, executors, penSOne| representatives, successors and assigns, jointlyand severally. WHEREAS, Principal has entered into 2 contract dated as of the day of 20 with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and BthorneyS'f8eSthat Oblige sustains because of any dBf@UK by Principal under the Contract, including, but not limited to, all delay daAl8goS. whether liquidated 0[actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the CoOt[8Ct, then this bond is void; otherwise it Fern8inS infull force. Any changes in or under the COOt[@[t and CorDp|iGDCS or noncompliance with any formalities connected with the Contract or the changes dnnot affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the 1enne Of the Contract Or other work to be performed hereunder, or the Sp8o|UoatiOnG referred to therein shall in anywise affect its ob|ig8UODe under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations Or additions to the terms of the Contract or towork Qrtqthe specifications, Page 1eof 29 #1 6-6663"ROADWAY CONTRACTORS" ennnae `|oc. I Packet Pg. 958 This instrument shall be construed in all respects as a cOnlrDon law bond. It is expressly understood that the time provisions and statute Of limitations under Section 255.05' Florida Statutes, Sh@U not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this i erformance bond regardless of the number of suits that may be filed by Oblige. |NWITNESS WHEREOF, the above parties have executed this instrument this day Of . 2 the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant tnauthority Ofits governing body. Signed, sealed and delivered |nthe presence Df: The foregoing instrument was acknowledged before methis 201, by I as a_________ He/She ispersonally known h}nnS()Flhas produced did (did not) take an oath. My Commission Expires: Of CDrooretOO. OO behalf of the corporation. as identification and (Signature of Notary) Notary Public, State of Commission No.: Page 20 of 29 #16-6663"ROADWAY CONTRACTORS" Bnnoen .|mz I Packet Pg. 959 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_, by , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 21 of 29 #1 6-6663"ROADWAY CONTRACTORS" Bonness, Inc. Packet Pg. 960 16.A.11.h -i "0-HVT-C- RELEASE D AFFIDAVIT 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 $ paid, ("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 (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, have been fully satisfied and paid. (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 9W ITS: Witnesses STATE OF _ COUNTY OF CONTRACTOR President [Corporate Seal] The foregoing instrument was acknowledged before me this day of , 20 by , as of a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAME. - (Legibly Printed) Notary Public, State of Commissioner No.: d E s V Page 22 of 29 Q #16-6663"ROADWAY CONTRACTORS" Bonness, Inc. Packet Pg. 661 16.A.11.h EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) 11111%I151 RE: Name) (Contractor's Representative) (Contractor's Name) (Contractor's Address) Bid No. 16-6663 Project No. Application Date Payment Application No. for Work accomplished through the Date: Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _% after [insert date] $ Less previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued roject ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name & Title) to m to Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) d E s V Page 23 of 29 a #16-6663"ROADWAY CONTRACTORS" Bonness, Inc. Packet Pg. 962 16.A.11.h 11111111111*40--1 ° ar ❑ Contract Modification ❑ Work Order Modification ❑ Amendment Contract #: Change #: = Purchase Order #: Project #: Contractor/Firm Name:1 -7 Project Name: Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/O! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/O! Change from Current BCC Approved AmOL Cumulative Changes $ b.bol #DIV/O! Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Approved Revised Date Date Completion Date Date ncludes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Approved by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Procurement Professional Page 24 of 29 #16-6663"ROADWAY CONTRACTORS" Bonness, Inc. c d E s V M Q Packet Pg. 963 0 �fftl 0 �*- i M CERTIFICATE OF SUBSTANTIAL COMPLETION loommigannigem M,,,e This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: 0 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 bt substantially complete in accordance with the contract documents on: A tentative list of items to be completed or corrected is attached hereto. This list may not be all- r- 0 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 to Substantial Completion. as The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: Page 25 of 29 #16-6663"ROADVVAY CONTRACTORS" Bonness, Inc. k. Packet Pg. 964 1010101MMM M, -This certificate doe_•i constitute a , na_cc'ep`t_a_nce of or 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.—......,.,._ ------ wm*m wslvvsm��• M 11 � I III I 1 11 � 111111, 1 , NONE 11 20_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 120 M Type Name and Title CD E M 0 Page 26 of 29 #1 6-6663"ROADWAY CONTRACTORS" Bonness, Inc. FPacket Pg. 965 U"111:11 S M93214VINERAIM M p"'1014 CERTIFICATE OF FINAL COMPLETION 1=11C1111,121:4r lamme Tom pl� ,a 1 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 finally complete in accordance with the contract documents on: Page 27 of 29 #16-6663"ROADWAY CONTRACTORS" Bonness, Inc. I Packet Pg. 966 The following warranty is attached to and made a part of this Certificate: M Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20_ M- 702MMM CD E M 0 Page 28 of 29 #1 6-6663"ROADWAY CONTRACTORS" Bonness, Inc. Packet Pg. 967 In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT, ffl�, 3 CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: #16-6663"ROADWAY CONTRACTORS" Bonness, Inc. F—Packet Pg. 968 16.A.11.h Client#: 70615 BONIN1 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDM'YY)01/10/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). - PRODUCER NAMEACT Ashley Myers Gulfshore Insurance - SWFL PHONEo, Ext : No 239 435 7156 FP't 239-213-2803 A/C, 4100 Goodlette Road N E-MAIL ADDRESS: amyers@gulfshoreinsurance.com Naples, FL 34103 INSURER(S) AFFORDING COVERAGE NAIC # 239 261-3646 INSURER A: National Trust Insurance Compan INSURED INSURER B: FCCI Insurance Company Bonness Inc. 1900 Seward Avenue INSURER C : Naples, FL 34109 INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR - TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X X GLOO179302 6/01/2016 06/01/201 EACH OCCURRENCE $2,000,000 OMMERCIAL GENERAL LIABILITY CLAIMS -MADE IOCCUR 4XPID DAMAGE TO RENTEDFvl PREMISES Ea occurrence $100,000 MED EXP (Any one person) $5,000 PERSONAL &ADV INJURY $2,000,000 Ded:5,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $4,000,000 POLICY X PRO LOC JECT $ A AUTOMOBILE LIABILITY CA10000232201 6/01/2016 06/01/201 COMBINED INGLE LIMIT Ea accidentS $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB X OCCUR UMB00212112 6/01/2016 06/01/2017 EACH OCCURRENCE $10000 000 AGGREGATE $1 O 000 000 EXCESS LIAB CLAIMS -MADE DED I X RETENTION$10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A 001WC16A73702 6/01/2016 06/01/201 X WC STATU- OTH- T RY LIMIT E E.L. EACH ACCIDENT $1 ,000,000 E.L. DISEASE - EA EMPLOYEE $1 ,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $1,000,000 B Leased/Rented CM0009257 6/01/2016 06/01/201 $1,500,000; $5,000 Ded Equipment DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: For any and all work performed on behalf of and in Collier County. Collier County Board of Commissioners is Named as Additional Insured with respect to work performed by the named insured for General Liability as needed by contract, per form CGL088 1013 (First Choice Contractors Liability Endorsement), which includes Waiver of Subrogation. General Liability coverage is primary and non contributory ; Additional Insured is included for Ongoing and completed Operations per form CGL084 (See Attached Descriptions) I, cm 1 Iri%,A I C nULUCK I.ANL tLLA I IUN Collier County Board of Commissioners 3327 Tamiami Trail East Naples, FL 34112 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 ©1988-2010 ACORD CORPORATION. All rights reserved. i a� E t v 2 Y Q ACORD 25 (2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD #S1098813/M1070803 MAK Packet Pg. 969 16.A.11.h DESCRIPTIONS (Continued from Page 1) 1013. Waiver of Subrogation• rrkers Compensation per form111 0484. These statements are subject to policy terms and conditions; where required by written contract. N E t V M r r Q SAGITTA 25.3 (2010/05) 2 of 2 #S1098813/ 1070803 Packet Pg. 970 LLJ� Llj�) CD CL } 1 � d •7 Lu 0 1 QO 0 1 0 1� u J 0 y � l T CD 0 CD CD 1 1_ m� }n {! rp N r--I co 0 H H m mi N 0 CD ►1 C) I 0 J CP foci �a CD L41 A la 'i J V1 QL Lil Q v m 0 LU J � O e) 2 N 0-J d 1� a) ^--' f'"7 V i1 �2 W ; Hi " J� � �S T`S SSVi LO 6 t N N b} GO aw q W 4 CO n F ✓ wl C H I� r-D �7 wo