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Agenda 10/13/2020 Item #11E (ITB #20-7797 - Earth Tech Enterprises)10/13/2020 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (“ITB”) No. 20-7797, Collier Beach Renourishment 2020-2021, to Earth Tech Enterprises, Inc., in the amount of $1,094,700, authorize the Chairman to sign the attached Agreement, and make a finding that this item promotes tourism (Project No. 90068). OBJECTIVE: To proceed with truck haul beach renourishment of Naples Beach from Doctors Pass to R-60 in the Fall of 2020. CONSIDERATIONS: Staff is asking that funding and that an award for ITB No. 20-7797 be approved for a 67,500-ton truck haul beach renourishment project for Naples Beach from Doctors Pass to FDEP monument R-60 (hereafter the “Project”) for a contract amount of $1,094,700, which shall include the following: • Transportation from the sand mine to multiple beach unloading sites • Sand distribution and placement on the beach • Turbidity monitoring • Maintenance of Traffic and Weight Ticket Tracking • Construction layout The Project will utilize the Lowdermilk Park beach access to place the sand. Mobilization will begin in late October 2020, with an anticipated completion date of December 31, 2020. On August 12, 2020, the Procurement Services Division released ITB No. 20 -7797, the Collier Beach Renourishment 2020-2021, to 20,217 vendors. Interested vendors viewed one hundred thirteen (113) bid packages, and the County received six (6) responses by the September 3, 2020 deadline, including one no-bid, as indicated below: Respondents: Company Name City County State Bid Amount Responsive/ Responsible Earth Tech Enterprises, Inc Fort Myers Lee FL $1,094,700.00 Yes/Yes Eastman Aggregate Enterprises, LLC Lake Worth Palm Beach FL $1,232,229.60 Yes/Yes Phillips and Jordan, Inc. Knoxville Knox TN $1,356,729.81 Yes/Yes Ranger Construction Industries, Inc. West Palm Beach Palm Beach FL $1,495,745.00 Yes/Yes EHC, Inc. Naples Collier FL $2,102,964.93 No/Yes Gator Dredging Clearwater Pinellas FL No Bid N/A Staff reviewed each of the respondents and deemed EHC, Inc. non-responsive for not providing required bid forms. Staff found all other bidders to be responsive and responsible. Gator Dredging entered a No - Bid stating scheduling conflicts. Based on the bids received, staff determined that Earth Tech Enterprises, Inc. is the lowest responsive and responsible bidder; which is also confirmed by the attached September 17, 2020, correspondence from consulting firm, Taylor Engineering, Inc. The low responsive responsible bid is approximately 9% higher than the Engineer’s Estimate of $1,008,900 for the work under this solicitation. Staff recommends the contract be awarded to Earth Tech Enterprises, Inc., the lowest responsive and responsible bidder for the total contract amount of $1,094,700. 11.E Packet Pg. 391 10/13/2020 The sand purchase is being contracted to Stewart Mine in Immokalee, Florida, through a separate existing material supply contract. The estimated sand supply cost is $617,400 and is not included in this funding request. The sand supply cost ($617,400), the transportation and placement cost ($1,094,700) and the project survey, inspections, monitoring, and QA/QC provided by the County ($100,000) should not exceed $2,000,000. The Board approved an overall project budget of $2,000,000 on May 26, 2020 (Agenda Item 11C). ADVISORY COMMITTEE RECOMMENDATIONS: At the June 11, 2020, Coastal Advisory Committee meeting this item was unanimously recommended for approval by a 7 to 0 vote. At the May 22, 2020 Tourist Development Council meeting this item was unanimously recommended for approval by a 9 to 0 vote. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. FISCAL IMPACT: Funding for this contract, in the amount of $1,094,700, is available in the Tourist Development Tax Fund (195), Project No. 90068. Partial funding for this work order will be requested for reimbursement from The Florida Department of Environmental Protection (FDEP) under contract 20CO1. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award Invitation to Bid No. 20-7797, Collier Beach Renourishment 2020- 2021, to Earth Tech Enterprises, Inc., in the amount of $1,094,700 and authorize the Chairman to sign the attached Agreement and make a finding that this item promotes tourism (Project No. 90068). Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. 20-7797 - NORA (PDF) 2. 20-7797 - DELORA (PDF) 3. 20-7797 Bid Tabulation (PDF) 4. 20-7797 EarthTech_Insurance 9-30-20 (PDF) 5. [Linked] 20-7797 EarthTech_Agreement VendorSignedwBonds (PDF) 11.E Packet Pg. 392 10/13/2020 COLLIER COUNTY Board of County Commissioners Item Number: 11.E Doc ID: 13485 Item Summary: Recommendation to award Invitation to Bid (“ITB”) No. 20-7797, Collier Beach Renourishment 2020-2021, to Earth Tech Enterprises, Inc., in the amount of $1,094,700, authorize the Chairman to sign the attached Agreement, and make a finding that this item promotes tourism (Project No. 90068). (Andrew Miller, Principal Project Manager, Capital Project Planning, Impact Fees and Program Management Division) Meeting Date: 10/13/2020 Prepared by: Title: – Capital Project Planning, Impact Fees, and Program Management Name: Jessica Arencibia 09/30/2020 12:24 PM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 09/30/2020 12:24 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 09/30/2020 3:11 PM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 09/30/2020 3:36 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 09/30/2020 3:46 PM Zoning Gary McAlpin Additional Reviewer Completed 09/30/2020 3:55 PM Procurement Services Sandra Herrera Additional Reviewer Completed 10/01/2020 9:43 AM Board of County Commissioners Jim Flanagan Additional Reviewer Completed 10/01/2020 10:07 AM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 10/01/2020 10:09 AM Procurement Services Cynthia McCanna Additional Reviewer Completed 10/01/2020 11:03 AM Growth Management Department Jeanne Marcella Department Head Review Completed 10/01/2020 12:54 PM Grants Valerie Fleming Level 2 Grants Review Completed 10/01/2020 3:08 PM Grants Carrie Kurutz Additional Reviewer Completed 10/01/2020 3:22 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/02/2020 8:40 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/02/2020 8:56 AM County Attorney's Office Jessica Arencibia Additional Reviewer Skipped 10/02/2020 9:11 AM 11.E Packet Pg. 393 10/13/2020 County Attorney's Office Scott Teach Additional Reviewer Completed 10/02/2020 9:24 AM Budget and Management Office Ed Finn Additional Reviewer Completed 10/02/2020 5:51 PM Grants Erica Robinson Additional Reviewer Completed 10/05/2020 11:51 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/05/2020 1:44 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/06/2020 1:09 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/13/2020 9:00 AM 11.E Packet Pg. 394 Notice of Recommended Award Solicitation: 20-7797 Title: Collier Beach Renourishment 2020-2021 Due Date and Time: September 3, 2020 at 3:00 p.m. Respondents: Company Name City County State Bid Amount Responsive/ Responsible Earth Tech Enterprises, Inc Fort Myers Lee FL $1,094,700.00 Yes/Yes Eastman Aggregate Enterprises, LLC Lake Worth Palm Beach FL $1,232,229.60 Yes/Yes Phillips and Jordan, Inc. Knoxville Knox TN $1,356,729.81 Yes/Yes Ranger Construction Industries, Inc. West Palm Beach Palm Beach FL $1,495,745.00 Yes/Yes EHC, Inc. Naples Collier FL $2,102,964.93 No/Yes Gator Dredging Clearwater Pinellas FL No Bid N/A Utilized Local Vendor Preference: Yes No N/A On August 12, 2020, the Procurement Services Division released Invitation to Bid 20-7797 Collier Beach Renourishment 2020-2021 project to 20,217 vendors. One hundred thirteen (113) bid packages were viewed, and six (5) responses were received by the September 3, 2020 deadline, including one (1) no-bid. Staff reviewed each of the respondents and deemed EHC, Inc. non-responsive for not providing required bid form. All other bidders were deemed to be responsive and responsible. Gator Dredging entered a No-Bid stating scheduling conflicts. Staff determined that Earth Tech Enterprises, Inc. is the lowest responsive and responsible bidder. Staff therefore recommends the contract be awarded to Earth Tech Enterprises, Inc., the lowest responsive and responsible bidder for the total contract amount of $1,094,700.00. Required Signatures Project Manager: Andrew Miller Procurement Strategist: Cynthia McCanna Procurement Services Director: __________________________________ _________________ Sandra Herrera Date 11.E.1 Packet Pg. 395 Attachment: 20-7797 - NORA (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 1800 2 N D STREET, SUITE 714 | SARASOTA, FL 34236 | TEL 941.702.5871 WWW.TAYLORENGINEERING.COM September 17, 2020 Procurement Strategist Collier County Procurement Services 3295 Tamiami Trail East Naples, FL 34112-5361 RE: Taylor Engineering Letter of Recommended Award Solicitation No 20-7797 Collier Beach Nourishment 2020-2021 Dear Ms. McCanna and Mr. Miller: Taylor Engineering (EOR) has completed our review of the quotes submitted for the above referenced project and we are pleased to provide the following award recommendation. The scope of the Collier Beach Nourishment project includes truck haul and placement of 67,500 tons of beach compatible sand on Naples Beaches. Based on the bid tabulation (attached) provided by the Collier County Purchasing Division, Earth Tech Enterprises, Inc. is the low bidder with a bid amount of $1,094,700.00, which is approximately 9% more than the project’s Opinion of Probable Construction Cost (OPCC) amount of $1,008,900.00. Earth Tech Enterprises, Inc. is a general contractor with beach nourishment experience locally as well as throughout Florida. The reference projects provided by Earth Tech Enterprises, Inc. are primarily truck haul beach nourishment projects. Taylor Engineering contacted the references provided to discuss whether the work performed by Earth Tech Enterprises, Inc. was a) similar in nature to the proposed Collier Beach Renourishment 2020-2021 project and b) performed satisfactorily for projects referenced. All the references provided by Earth Tech were contacted and provided feedback. The responses received were from the following references: 1) Smathers Beach Nourishment Project, City of Key West, FL Taylor Engineering contacted the project manager from The City of Key West, Johnnie Yongue. He provided positive feedback on Earth Tech’s work and confirmed that they completed work ahead of schedule and under budget. 2) North End Interim Beach Nourishment, Longboat Key, FL Taylor Engineering contacted the Public Works Director, Isaac Brownman at the Town of Longboat Key. The reference contacted provided positive feedback on Earth Tech’s work and confirmed that they completed the work satisfactorily. 3) Central Marco Island Beach Re-Grade Project, Marco Island, FL Taylor Engineering contacted the Coastal Zone Manager, Gary McAlpin with Collier County. The reference contacted provided positive feedback on Earth Tech’s work and confirmed that they completed the work satisfactorily. 4) 2016 Beach Renourishment, Naples, FL 11.E.2 Packet Pg. 396 Attachment: 20-7797 - DELORA (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) Taylor Engineering contacted the Coastal Zone Manager, Gary McAlpin with Collier County. The reference contacted provided positive feedback on Earth Tech’s work and confirmed that they completed the work satisfactorily. 5) Clam Pass, Park Shore and North Park Shore Beach Renourishment, Naples, FL Taylor Engineering contacted the Coastal Zone Manager, Gary McAlpin with Collier County. The reference contacted provided positive feedback on Earth Tech’s work and confirmed that they completed the work satisfactorily. Earth Tech submitted all the required bid forms and is the lowest responsive and responsible bidder. Based on the above information, Taylor Engineering recommends Earth Tech Enterprises, Inc. be awarded the Collier Beach Renourishment Project 2020-2021 in the amount of $1,094,700.00. Please feel free to call me with any questions. Sincerely, Jenna N. Phillips, M.S. Sr. Project Manager/Regional Office Lead Taylor Engineering 11.E.2 Packet Pg. 397 Attachment: 20-7797 - DELORA (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 20-7797 Reference Check by: J. Phillips Solicitation Title: Collier Beach Renourishment 2020- 2021 Date: September 15, 2020 Bidder’s Name: Earth Tech Enterprises Phone: (941) 374-1243 Design Entity: Taylor Engineering REFERENCED PROJECT: Project Name: Clam Pass, Park Shore, N. Park Shore Beach Renourish Project Location: Naples, FL Project Description: Truck haul & placement project Completion Date: November 2019 Contract Value: $3,579,500.00 Project Owner/Title: Collier County/Coastal Zone Manager Owner’s Address: 2800 North Horseshoe Drive, Naples, FL Phone: (239) 252-5342 Owner’s Contact Person: Gary McAlpin E-Mail: GaryMcAlpin@colliergov.org 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes, As expected. Some issues but resolved. 4. Did the process run smoothly? Were there any changes? Describe below. As expected All issues were resolved. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 7. Additional comments: None at this time. 11.E.2 Packet Pg. 398 Attachment: 20-7797 - DELORA (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 20-7797 Reference Check by: Solicitation Title: Collier Beach Renourishment 2020- 2021 Date: September 16, 2020 Bidder’s Name: Earth Tech Enterprises Phone: (941) 374-1243 Design Entity: Taylor Engineering REFERENCED PROJECT: Project Name: Central Marco Island Beach Re-Grade Project Location: Marco, Island Project Description: Dredge and Placement Project Completion Date: April 2019 Contract Value: $1,153,100 Project Owner/Title: Collier County/Coastal Zone Manager Owner’s Address: 2800 North Horseshoe Drive, Naples, FL Phone: (239) 252-5342 Owner’s Contact Person: Gary McAlpin E-Mail: GaryMcAlpin@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 7. Additional comments: Difficult Project – Good Performance 11.E.2 Packet Pg. 399 Attachment: 20-7797 - DELORA (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 20-7797 Reference Check by: BDF Solicitation Title: Collier Beach Nourishment 2020-2021 Date: 9/10/20 Bidder’s Name: Earth Tech Enterprises Inc. Phone: (239) 774-1223 Design Entity: Taylor Engineering REFERENCED PROJECT: Project Name: Smathers Beach Nourishment Project Location: Key West, FL Project Description: 20,760 tons of beach sand truck hauled and placed on the beach Completion Date: 6/6/2019 Contract Value: $1,236,160 Project Owner/Title: City of Key West Owner’s Address: 1300 White St. Key West, FL 33040 Phone: (305) 809-3867 Owner’s Contact Person: Johnnie Yongue E-Mail: 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes, Earth Tech purchased sand directly from the mine at a reduced rate to the City. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No warranty issues 7. Additional comments: Project was completed 29 days ahead of schedule and $12,000 under budget. 11.E.2 Packet Pg. 400 Attachment: 20-7797 - DELORA (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 20-7797 Reference Check by: Solicitation Title: Collier Beach Renourishment 2020- 2021 Date: September 16, 2020 Bidder’s Name: Earth Tech Enterprises Phone: (941) 374-1243 Design Entity: Taylor Engineering REFERENCED PROJECT: Project Name: 2016 Beach Renourishment Project Location: Marco, Island Project Description: Truck Haul and Placement Project Completion Date: December 2016 Contract Value: $1,923,100 Project Owner/Title: Collier County/Coastal Zone Manager Owner’s Address: 2800 North Horseshoe Drive, Naples, FL Phone: (239) 252-5342 Owner’s Contact Person: Gary McAlpin E-Mail: GaryMcAlpin@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? NO 7. Additional comments: Successful Project 11.E.2 Packet Pg. 401 Attachment: 20-7797 - DELORA (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 20-7797 Reference Check by: J. Phillips Solicitation Title: Collier Beach Renourishment 2020- 2021 Date: September 10, 2020 Bidder’s Name: Earth Tech Enterprises Phone: (941) 374-1243 Design Entity: Taylor Engineering REFERENCED PROJECT: Project Name: North End Interim Beach Nourishment Project Location: Longboat Key, FL Project Description: Truck haul & placement project Completion Date: September 2018 Contract Value: $1,109,500.00 Project Owner/Title: Town of Longboat Key Owner’s Address: 600 General Harris Street Phone: (941) 361-1988 Owner’s Contact Person: Isaac Brownman E-Mail: jbrownman@longboatkey.org 1. Was project completed timely and within budget? (If not, provide detail) Yes, reference indicated that the contractor did a good job. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) yes 3. Was the construction process performed satisfactorily? (If not, provide detail) yes 4. Did the process run smoothly? Were there any changes? Describe below. Project ran smoothly once the truck hauling began. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? no 7. Additional comments: 11.E.2 Packet Pg. 402 Attachment: 20-7797 - DELORA (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) Project No:20-7797 Procurement Strategist:Cynthia McCanna Notices Issued:20,217 Project Title:Collier Beach Renourishment 2020-2021 Project Manager:Andy Miller Bid Pkgs Viewed:113 Bid Date:9/3/2020 Bids Received:5 Number of No Bids 1 BID TABULATION GATOR DREDGING LLC SUBMITTED A NO BID Item No.DESCRIPTION Units Quantity Unit Total Price 1 Mobilization/ Demobilization LS 1 $30,000.00 $30,000.00 $183,948.60 $183,948.60 $122,391.83 $122,391.83 $148,220.00 $148,220.00 $354,669.78 $354,669.78 $205,000.00 $205,000.00 2 Transport, Fill Placement, Grading, and Tilling Tons 67500 $14.90 $1,005,750.00 $14.25 $961,875.00 $16.88 $1,139,400.00 $18.75 $1,265,625.00 $24.39 $1,646,325.00 $10.00 $675,000.00 3 Surveys (includes stakeout, and post-construction)LS 1 $30,000.00 $30,000.00 $64,680.00 $64,680.00 $62,832.41 $62,832.41 $58,000.00 $58,000.00 $14,718.80 $14,718.80 $90,000.00 $90,000.00 4 Silt Fence LF 1300 $1.50 $1,950.00 $2.37 $3,081.00 $1.91 $2,483.00 $3.00 $3,900.00 $2.13 $2,769.00 $3.00 $3,900.00 5 Turbidity Monitoring LS 1 $12,000.00 $12,000.00 $15,895.00 $15,895.00 $20,257.29 $20,257.29 $15,000.00 $15,000.00 $77,388.95 $77,388.95 $25,000.00 $25,000.00 6 Weight Ticket Tracking LS 1 $15,000.00 $15,000.00 $2,750.00 $2,750.00 $9,365.28 $9,365.28 $5,000.00 $5,000.00 $7,093.40 $7,093.40 $10,000.00 $10,000.00 TOTAL PRICE FOR ITEMS 1 THROUGH 6 YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES * 3 References YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO * All Documents Submitted YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES N/A N/A N/A NO *verified on-line YES YES YES YES NO *not on E-Verify online YES YES YES YES NO *verified on-line YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES * Incompleted YES YES YES YES YES Fort Myers Lake Worth Knoxville W. Palm Beach Naples Lee Palm Beach Knox Palm Beach Collier Opened By: Cynthia McCanna Witnessed by:Jim Flanagan * Minor irregularity $1,232,229.60 $1,356,729.81 $1,495,745.00 ENGINEER'S ESTIMATEEHC, IncRanger Construction Industries, Inc. $2,102,964.93 $1,008,900.00 Phillips and Jordan, Inc.Eastman Aggregate Enterprises, LLC County: Addendum 2 Addendum 3 Addendum 7 SunBiz Acknowledgement of Grant Terms and Conditions Place of Business Local Business Tax Receipt (Collier County) Addendum 6 E-Verify Grants Certification Regarding Debarment Disadvantage Business Statement Lobbying Certification Addendum 1 Addendum 4 Addendum 5 Trench Safety Act Acknowledgement (Form 6) Bid Bond (Form 7) Insurance and Bonding Requirements (Form 8) Conflict of Interest Affidavit (Form 9) Vendor Declaration Statement (Form 10) Immigration Affidavit Certification (Form 11) Bidders Checklist (Form 12) Contractors Key Personnel Assigned to Project - (Form 2) Material Manufacturers (Form 3) List of Major Subcontractors (Form 4) Statement of Experience of Bidder (Form 5) Completed Bid Forms: Earth Tech Enterprises, Inc. Bid Schedule Bid Response Form (Form 1) $1,094,700.00 11.E.3 Packet Pg. 403 Attachment: 20-7797 Bid Tabulation (13485 : Recommendation to award Invitation to Bid No. 20-7797 11.E.4 Packet Pg. 404 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 405 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 406 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 407 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 408 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 409 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 410 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 411 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 412 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 413 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 414 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 415 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 416 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 417 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 418 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 419 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 420 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 421 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 422 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 423 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 424 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 425 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 426 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 427 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) 11.E.4 Packet Pg. 428 Attachment: 20-7797 EarthTech_Insurance 9-30-20 (13485 : Recommendation to award Invitation to Bid No. 20-7797 Naples Beach) CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDAI ("Owner") hereby contracts with Earth Tech Enterprises, Inc. ("Contractor") of 6180 Federal Court Fort Myers, Florida 33905, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Collier Beach Renourishment 2020=2021, Invitation to Bid No. 20- 7797 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Taylor Engineering, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents, Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: One Million Ninety -Four Thousand Seven Hundred Dollars ($1,094,700.00). Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies circular. This circular may be accessed via the web at www,fms.treas.gov/c570/c570,html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287,0935, F.S. shall govern the rating and classification of the surety. Construction Services Agreement: Revised 072118 (v6) B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within Thirty (30) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within Thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquids#ed Damages in General...... Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, two thousand dollars ($2,000.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion, The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 2 Construction Services Agreement: Revised 072118 (v6) �� D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. ......Recovery of Damages Suffered -by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation 20-7797 Collier Beach Renourishment 2020- 2021. Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit 13-1: Payment Bond Forms ❑ Not Applicable Exhibit 13-2: Performance Bond Forms ❑ Not Applicable Exhibit 13-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions 3 Construction Services Agreement: Revised 072118 (v8) Exhibit I: Supplemental Terms and Conditions ® Applicable ❑ Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 20=7797 Collier Beach Renourishment 2020=2021. The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www,bidsync.com/bidsvnc-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box (®)expressly apply to the terms of this Agreement and are available through the County Is on-line bidding. ®Exhibit J: Technical Specifications ❑Exhibit K: Permits ❑Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by Taylor Engineering, Inc. ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Coastal Zone Management Capital Project Planning Building 2685 Horseshoe Drive S Attn: Andrew Miller, Contract Administrator/Project Manager Phone: 239-252-2922 Email: Andrew.Miller(colliercountyfl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in wrng and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Earth Tech Enterprises, Inc. 6180 Federal Court Fort Myers, Florida 33905'. Attn: Christopher Gehring Phone: 239-774-1223 Email: cgeearthtechenterprises.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: 4 Construction Services Agreement: Revised 072118 (v6) ��, "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State A Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. 5 Construction Services Agreement: Revised 072118 (vti) �+ Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. s Construction Services Agreement: Revised 072118 (vs) IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. FS TS: T WI ESS Date: ATTEST: September 28, 2020 Crystal K. Kinzel, Clerk of Courts & Comptroller M Approved as to Form and Legality: Assistant County Attorney Print Name CONTRACTOR: Earth Tech Enterprises, Inc. By: 6 A Christopher Gehring - President September 28, 2020 Print Name and Title Date OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Burt L. Saunders, Chairman 7 Construdon Services Agreement: Revised 072118 (ve) EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLwLOWING THIS PAGE) 8 Construction Services Agreement: Revised 072118 (vti) Project #: 20-779i Project Title: COLLIER BEACH RENOURISHMENT 2020-2021 Bid Due Date: September 3, 2020 @ 3:00 pm BIDDER: Earth Tech Enterprises, Inc. E3id jese, itttion: I rmspon, placement, and grading of pre-ptnchased hcach Gil material from Stewart's lounokalee Sand mina to north Naples 13t tch. The construction access will be the north beach access of the L.owdermiik Park. ITEM DESCRIPTION Units Quantity Unit Total NO$ Price 1 Mobilization/ Demobilization LS 1 $30,000.00 $30,000400 2 Transport, Fill Placement, Grading, and Tilling Tons 67,500 $14.90 $1,005,750400 3 Surveys (includes stakeout, and post -construction) LS 1 $30,000.00 $30,000.00 4 Silt Fence LF 11300 $1.50 $11950.00 5 Turbidity Monitoring LS 1 $12,000.00 $12,000.00 6 lWeight Ticket Tracking LS 1 $15,000400 $15,000.00 BID TOTAL $1,094,700.00 TE3i. fJWNEfi E?i SE,'it1tES THE: R4fsH7 i'C) ttt++itRCT TCi i HL t.i�WES'i RESf�C1N!itVL 1?i:5PC3N51E3ii LtCi3t.3Ltd if Dt:TEE2MIN'ED THAT SUCH AWARD 15 IN THE BEST INTERi:S I t7F THt COiJN1"Y. EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) �rvices Agreement: Revised 072118 (v6) ■ Email C rtf},ia iidir;�at�rtait?caliit�ri;nttrtt .i.cr�u Telephone: w8992 f�emorandum Date: 8/17/2020 From. Cynthia McCanna, Procurement Strategist To: Interested Parties Subject: Addendum #1 20-7797 - Collier Beach Renourishment 2020-2021 This addendum has been issued for the following items identifying clarifications, changes, deletions, ar additions to the original solicitation documents and bid schedule for the above referenced solicitation. 1. Completion days changed in the solidtation; revised solicitation a#tacked. The Successful Bidder shall he requixed to Cnally cantplete all R°ork urithin etj ��€ ¢ €ti€il calendar days from and after the Commencement Date specified in the Notice to Proceed. The final completion days includes substantial completion days of thirty (30} calendar days, with an additional sk4l04) 0,�O r% t:€€ts calendar days to final completion. Please ackn p# g€'this Addendum and include with your bid. 9-3-2t)20 ,r (Signature) �`%' � pate Earth Tech Enterprises, Inc. (Name of Firm) you require additional information, please post a question on BidSync on-line or contact me using the above contact information. Appendix F-Template - Addendum rev 10,1948 Email: (.,,'yntt is hlgC <jnr��ccilicrco��nudj, r2v Telephone. 239-252-8992 Date: 812112020 From: Cynthia McCanna, Procurement Strategist To: Interested Parties Subject. Addendum #2 20-7797 — Collier Beach Renourishment 2020-2021 This addendum has been issued. for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation, 1. Add language to the specifications as stated below in red. SECTJOIV 2.01 BEACH EI,LL MATER1At, A. The beach fill material source far this project is limited fa Stewart Mining Inc., lacafed at 2301 Edwards Grove Rd, Immokalee, FL 34142, Themiwmipm (P'l v t`IMrrrWY ref fill Mawri a? ovtatJ1z1P.j6C tt`sM( tPte'r ��sa�re t �°!ii ta€ ,600 feats Please acknowledge (Signature) Earth Tech Enterprises, Inc. (Name of Firm) and include with your bid. 9-3-zozo Date If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. Appendix F•Template-Addendum•rev 1018-I8 Tanall: C}mtma.IvlcCannalu;colIicrcount y gov Telephone: 239.252. g992 ADllENI)Ui1� # 3 DAtes August 24, 2020 From: C'yrithia 111cC:anna, Procurement Strategist To: Interested I3iddcrs Subjects Addenda # 3 -- 20-7797 Collier Beach Renourislunent ?.t)20-2021 '1•his Addenda has been issued for the following items identifying clariiicaiioi7s, changes, deletions, and/or additions to the scope of work, solicitation documents and%or bid schedule for the above referenced 5olicltation: ADDIT1Uiti: I'he Minutes and Sign-ln sheet from the August 24, 2020 Prc-Bid Meeting has been hosted to BidSyne: 20"7797 Pre -Bid Meeting Minutes 2O-7797 Pre -Bid Meeting Sing-ln Sheets If you rewire additional infontiation please post a question on our Bid Sync (�>ti ��_a�iily�si;.r�>3•�7) bidding platform under the solicitation for this prajecL Please sign beloir° And return copy of is Addendum r�sitl our submittal far the Above referenced solicitation. s-a-zaza (Signature) ° Date Earth Tech Enterprises, Inc. (Name of Finn) ;� °: s Date: 8l? �i2{)2(l r ri7atl t.. "Btlll3 4 1 t lkl 1111rlil7 telephone: (239) 25' - 8992 Addendum? 4 pram: Cynthia McCanna, Pracurernent Strategist -Acquisitions Ta: hrterested Bidders Subject: Addendum 4 'I'lae following clarij'�cations are issued as an addendum idetttif�ing the following clarirlcation to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. Sce Revised Aid Schedule. Line Item `7 has been removed. � I � rf you reduire additional inr��rmation, please post a question an our Bid Sync (ex �� t�__I�.r�i � n�..cr�f>�) bidding platform under the solicitation for ibis project. Please sign below and return a eo�j� of tl'iis Addendum rvrtb itr submittal far the above referenced solicitation. 9-3-2020 (Signature) Date Earth Tech Enterprises, Inc. (Name of Finn) Memarandum Date: From. To. Subject: Finail: �ayrithia.McCanna cx calliercauntYfl.gov Telephone: 239-252-t3992 si2si2o2o Cynthia McCanna, Procurement Strategist Interested Parties Addendum #5 20-7797 — Collier Beach Renourishment 2020-2021 This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. 1. Construction Time: Revise the following Sectians as fallaws: SECTION 1.U5 COIUSTRUCTIOhf TIME' Theschedulefor construction and key milestonesaredescribed below. The construction will follow a continuous north to south direction. No timeout for delays will be granted except for major weather events. It is anticipated that the CONTRACTOR may begin mobilization in mid -October, 2020 and begin placing sand on beach at the beginning of November, 2020. The hours of operation extend from one half hour after sunrise to one half hour before sunset, per permit requirements, with no work being allowed on Sundays. No beach activities will be permitted the Thursday, Friday, Saturday, and Sunday of Thanksgiving (November 26-29, 2020) or the week of Christmas (December 24, 2020 - January 3, 2021). CONTRACTOR shall manage the placement events on the beach. Substantial Completion shall be 30 calendar days from the Commencement Date specified in the Notice to Proceed (NTP), and final completion shall be 60 calendar days from the Commencement Date specified in the NTP. If final completion of the work falls after 60 calendar days from the Commencement Date specified in the NTP, the COUNTY shall assess CONTRACTOR for Liquidated Damages (LD's) at $2,000 per day until final completion occurs. The COUNTY reserves the right to cancel the contract if final completion does not occur by 60 calendar days from the Commencement Date specified in the NTP. Completion is defined as beach placement of the sand quantities shown on the Bid Form and grading of the cross -sections shown in the Construction Drawings. Sediment QA/QC plan: Revise the following Sectians as fiallows: Section 4.07 Submittals P. Sediment Quality Control Reports Appendix f-Template—Addendum-rev 10-18-18 2. Beach Fill Material: Revise the following Sections as follows: SECTION 2.01 REACH FILL MATERNAL A. The beach fill material source for this project is limited to Stewart Mining Inc., located at 2301 Edwards Grove Rd, Immokalee, FL 34142. The maximum daily quantity of till material available from the source will be 4,500 tons. Stewart Mining Inc. wilt be responsible for compliance with the Sediment QAI C Ulan. The Contractor will not be reguirged to provide sediment testing. Ilia following sections 2,01 R through 2.01 C are provided for information only. 3. Contractor Responsibilities: Revise the following Sections as fellows: SECTION 1A8 CONTRACTOR RESPONSIBILITIES H. Maintenance of Traffic 1. The CONTRACTOR shall provide and maintain fencing, barricades, warning. signals, andJor flagmen as required by local, State, or Federal regulations or as required by the Construction Drawings or Technical Specifications in the project area to ensure public safety, If the CONTRACTOR is not able to keep and maintain the public at a safe distance from construction activity, the CONTRACTOR shall notify the OWNER and request assistance in controlling public access to the construction site. The Maintenance of Traffic and Pedestrian Plan provided under Submittals (Paragraph 1.05 K) must also include a description of truck haul management methods to be used when a truck arrives at the Construction Access. 2. The CONTRACTOR will be required to include t��o off -duty police officers per cloy to direct and control traffic. Their presence will be required anytime hauling or unloading operations are taking place and shalt be present to address any issues that may arise during construction activities_ Payment will be a CONTRACTOR responsibility and should be included in their bid. 4, Fill Material Transportation; Revise the fiollowing Sections as follows: SECTION 3.09 FILL MATERIAL TRANSPORTATION 9. The CONTRACTOR shall remove a concrete bench and the adjacent palm tree located in the Construction Access. All other remaining trees are to be avoided as best as possible. Any existing vegetation damaged in order to establish the* inininium required path width for truck access will he required to be removed and replaced with the same kilid of vegetation All potential bidders re advised tea visit the site to ea tirrtate the cast of the associated impacts. Please acknowledge r aei:pt of this ddendum and include wi#h your bid. 9-3-2020 (Signature) ��-��'��'iii• Date Earth Tech Enterprises, Inc. (Name of Firm) If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. Appendix F-Template —Addendum-rev 10-16-18 Emell If isC. S�Q,I M11.i r- t'elephone: (219) 252 . 8992 ADDEIVDUMI #6 Memorandum Date: 8/28/2020 From: Cynthia McCanna, Procurement Strategist To: Interested Parties Subject: Addendum #6 20-7797 — Collier Beach Renourishment 2020-2021 The follo«�iirg clarifications are issued as an addendum identifying the following clarification to the Scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Changel. Delete Line Item 1.07-O on the Submival Register if}°ou require additional information, piease post a yuestian ott our i3id Sync {L� �a;.h_3dlti� 3c, _�iit) bidding platform under the solicitation for this project. Please slgn t�elor�^ and ret `rn a copty of` this Addendum with o�ir submittal far the above referenced snlicitatinn. �, � �y..--°� {Signature) Earth Tech Enterprtses, Inc. (Name of Firm) 4-3-Zfl20 Date i Memorandum Email C_ r7th� _ i Ct�,nn�.str��l(i0,COUM.1-'ti4etji° Telephone: (239) 252 - 8992 Dale: $/31/2020 From: Cynthia McCanna, Procurement Strategist To: Interested Parties Subject; Addendum #7 20-7797 — Collier Beach Renourishment 2020-2021 The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1, See attached Revision Expanded Truck Haul Map. If you require additional information, please post a question on our Bid Sync (��1.��°_,�>�tiyan�,s. c>rt�) bidding platform under the solicitation for this project. Please sign beiaw and retur a copy of t�is Addendum with�tiur submittal for the above referenced soIicitatian. ,�_ �'� 9-34020 r• v — (Signature) Date Earth Tech Enterprises, Inc, {Name of Firm) FORM 1 - BID RESPONSE FORM B(?:�RT� C}F COlt��i'1' C<)1VyMISSCO?��;RS COI, AUlR COUNTY FLORIDA C:ogicr £Beach ttenourishment 2UlU-2U21 fi11 :1'C). 2ti-779'7 Earth Tech Enterprises, Inc. full Name of Bidder__ �laitr Busincs� Addres�; 6180,Federfll_Court Fart Myers• Florida 33905__..._._._.__..____ ----.— Place. 01 F3usittess Telephone Na. 6180 Federal Court Fart A9yers, Flarfda 33905 239-774-1223 State. C'ontractor`s F.icense ;; CGC016677 No State of Florida C°cxtificate of r\uthorit)� Document i�fumber i=ederal `1'ax Idcntifieation Number, 171511137 FUNS 59-3679652 CC'R$i P00000098390 C'aFe Code 11o; B(7ARD OF COUN"CY C:C);v1A41SSlOT�EItS Of C'Ol.I.IER COI NIF,I', FL.O'CtID:� (hereinafter called the Owner) 4YD47 The undersigned, as Bidder declares that the only person or parties interested in this Bid as princil+als are those named herein, that MIS Bid is subrnilie d without collusit�n with any other person, firnr ar corporation: that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bands, and the Contract Drawings and Specifications. Bidder prnposcs, and agrees if* this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all rnet;essary nrachincry, tools, apparatus and otfrer means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set firth, furnish the C'ontractor's Bonds and hrsurance. specified in the General Condibons of I Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take fill] payment the sums set forth in tine following Bid Schedule: L'nit prices shall be provided in no mare than tn��u dt:ch�rtal paints, and in the case nvhere further decimal points art inadvcrtentl)prati�ded, rcnrndirrg to trn°o decimal points n�ill be conducted biffl 1'rocuremeni Services Division staff. Upon notification that its Bid has been awarded, the `successful Bidder +��ili execute the Agreement limn attached Kn the Bidding Documents within ten (I0) calendar days and deliver the Surety Bond ins Bonds and hnsurance Certificates as required by the Contract 17ocunnenis. 'The bid security attached is to become the property of° tine Owner in the. eN°ent the Agreement, hnsurancc Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence. Owner will sufTer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement. hrsuranw Certificates and Bonds within the required time period. Cn the event Of such failure, the total amount of Owner's damages, will be difficult. if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate: and fair that Owner rcceive liquidated damages from the Successful Bidder in the event it fail, to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder, The Canstructicrn Solicitation Doc rev (72-21.20 Successful bidder hereby expressly �ai��es and relinquishes any right Ne=hicla 0 may IMiN e to seek to characterize the above noted liquidated damages as a penalty. which the parties agree represents a fair and reasonable estimate of' tawner's actual darnages at the titne of bidding if the Successful Bidder fair to execute and delis°er the Agreement. lnsurani•e Certificates, and Bonds in a timely manne,. tjpon receipt of the signed and approved agreement and Iurchase «rder, the undersigned propc� es to cortrntenee work at the site within flee ('5) calendar days from [lie catttmencement date stipulated in flee written Notice to Proceed unless the Project Mfgirtager, in writing, sub egttently liatilies the (lontractor of a mollified (later) cornmencemew data. The undersigned further agrees to substantially eotnplete all work cowered by (Iris Bid within thirt)° (30) consecutive calemlar day+s, computed by excluding the eommencemcni date and including the last day of such period, and to he. fully Completed to the paint of final acceptance try the Owner Withua sixty (60) crmsecutive calendar days after Substantial Completion, corntpated by excattding canmerwement date <utd including the best day Of'such periled. Acceptance and acknaw Signature: President Title: Date: 9-3-2020 an Authorize Agent ristopher Consfructian Solicildtioia Uoc rev 02-27-2C� '��'' DORM 2 CONTRACTOR'S KEY PERSO?ti ti I� ASSIGNED O THE PI2O,IEC7 C;'ollier F3eaeh Re►1oMirishmeut 2Q20-2Q21 Bill ,,No, 20-7797 Na�7m Christopher Gehring Butch McGo��ern Construction Solicitation C�ac rev t72-29-�U Pers�7nr�el C`ate«nr F Cc>;f:�tructic�n �iu}�crii7tcndcnt ('raj<:ci �taraagt:r �CIT2143-iF1AT>`tRIt�I,11A"��(fI�ACI'>�I2F;I3S THIS FORM MI/qSh BV C'C) 1I'LI 7"LO C)R BIf) Shi l 4'A � I?FF:IaII I),'�Cl�`-R�5I'Cl1SI�'1 1 11 Bidders shall confirm by signature that they mH provide the lnantlfilCnrery aatd anat�rials i7utliTled in ibis Iiit9 specifications, including compliance with Florida 4tatute 25.5.20 to provide lumber, timber and other forest products produced and manufactured in the sta rc of'Florida as Iong as the. price, fitness and quality are eguaI. t'xceptions (when equals are se,ieptable:) may be requested by completing the Material Mattufilcturcr exception List belott0, If an exception for a manufacturer and 'or material is prOI)ov d and listed below and is not approved by Fngineer'Pro ecc-t lanager. Bidder shall furnish the° manufacturer named in the. speeification. Acceptance ol'thk Conn dons 1101 c:onstittate acceptance t:,f material proposed on this list, t"onipltte and ign section :1 Olt I3. Scctiotl �# (ryccchtance of all n�anuG3ctures slnd materials in I3id speciCcatii�ans) Olt behalf of niv f7nn, I ctarafirm that ��t� ��°ifl use all maauficturers and materials as specifically c'autlined in the find specil`ICe tinns. C.;cutipan�� tiignaturc�: Enterprises, Inc. Date: 9"3-2020 5ectfnn I3 (f:xte°ptiratt rcguestird to I3id Spccilicatidas ntanuf<taturers <md materials) JACI-THE3'4MATL"RIAI_, Please insert additional pages as necessat�,�, n/a t'onipany: Stgll<itnl-e, __ CUrastnrciiar�r Scrticrtaticar7 floc rev 02-2Y-?0 F{)MAI 4 - LIS'[ "r 11ti.)t)R Si,SC:C)tti I"ItAC'I'ORS 3'IIIS LIST' i4IUS"!' I31~; Ct)�7Pl,E"l'El) OI2 I3II) i'tlA�' 13I�� I)Eh.Ittf�I) 11'Oti-ItH;SYONSIti'F; F is utfdersione( states that the Poi o%nu is tt list of the proposed su}t'i�ntractors for die nf,tjor catet pries outline) itt the requirements of life Bid specifications. the underlined ackno flcdgcs it. resporfsibility f<?r cn uing that iltc Subcontracuns file tlx� nor;jor categories Gsicd herein are "qualified" (as defined in C,)rdinance 2017-0l8 and Section 15 of Instructions to Bidders) and meet all legal rcyuircmcnls applicable. to and necessitated by the C'on(rac,t Documents, including, but not limited to proper licenses. certification~, tell istraiions and insurance covergte. 'I lie Owlicr ruse s the right (o disqualify any Bidder who includes nun-corftpliarrl Of non -qualified Subcontractors in its bid offer, I:urthe-r. the Owner may dircct the successful Bidder to remove Ieplacc anyv Subcontractor. at no additional cost to C)itiner, which is found to be non -compliant with this requirement e�ilher bcfo or after the issuance of the Award of (:ontract by Owner. (Attach additional sheets its needed). Ftn-iher, the: tttitle rsigned acknowledges and agrees (fiat protupily after the Award of Contract, and ill accordance l601 the requirements of the Contract Documents, the Successful Bidder Shall ideaftify all Subcontractors I itttencls to use orn the PritjCct. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work oil this PrOieci must be qualified eas noted above. Ma1or C'atcg<ary of`�t'ark h.leetncal 'Nteehanica] 4. Silt: Work _ S. Identify other subcontractors that represent more than 10` Pp Campany�_ Signature., critical natlr of tl;'t?rschcdtrlc Earth Tech Construct+an Solicifafian Doc rev 02-21-2t7 Subcontractor and Address bate: y-�-zoza r �l�t{r„i,r £�i; S.. �i•.S �1.s �)i��i.. 1fr; (PLEASE SEE ATTACHED 14IST1 I`4R14f S - S'I _ATE�IE:�'1't)F� EXPEI2IEivCE {��' St➢DER The Bidder is required to state below what work of similar magnitude completed within the last fWe (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidlyas required under the temas of the ;Agreement. t'ptO.ic(A name} (prt�jYct,n+ncr) (pr��icct it ?cation) {Owirer"s address) (lir(7jeci description) _ �{)�a�net's cttntaci person) (tit3d} project startkMntplciion dates) (contract value) (larcrieri nanie) {project locatictuj {project descripttcrrt) (Chti�tier`s address} (()u�ner's contact person) � (title) (trrolcet start%contttiietion da[cs) ('ctmtract rtthte) (phone) {enntil) tproiect name) tprnicct o��ner) (prt�tect location) tl?roject de.criptian) S fpri�ieut;a£trl enntplctum dates) (cor,nact �a(uci ConstritGtir�rr Sr�licitation l�oc. rr:;v 02-29-2CJ ((hti rtct .S address) (f..l�rner's aontrtt;r peron) (title) (ptt�xtt.) teE�tail) a. r s s I tAL I Falli JJN (prsjeet 211ttte%I fprote(tt mviicr) (l�r(�icct lacaiionj (Owner's addresO --_._ (project dc,.Cription) _ _ (()lt�ticr's contact perstui) (title) {I>r(Iljcct cornpleti(:)n da(e) (contract 181ue) ihitoitc) (email) (protect name} (project lacittrc>nj (pr�'�jcct oti4�ner) ........._......_. {'7tie net ( .add re�sy (pia;c�t dt'scription) ({Jet�irer', easttai�t person} (tide) (ht'<,jeet c�7i»plirii`�tt date) (�ontraei v 1)tze) �pflo�ti) {email) (pr°«ic.ct name? (pry>}c'-�;t ��u lrer) {pr<�je�:t locatiott}__ __ _ _ ((.h�•ner'w addre�s) {prajc°�t desrriptic�ri) __ ((hrner'� cnnt��t;t persot2) (title} (project cornpletioll d(mc) (contract value) ( hone) {elunii) �_'0I11paIIV: _ �ii�Jlatllrf. Date: Ccrrastruclrc�r� Sz?tieitatron fJor, rev 02-2i-20 EARTH ENTERPRISES Earth Teeh Enterprises Beach Project Experience Fort Island Beach Sand Re -nourishment Completed February 2020 Crystal River, Florida Cost $272,800 pwner Contact Citrus County Board of County Commissioners Francine Nobles -Director Parks and Recreation 2804 West Marc Knighton Court Lecanto, FL 34461 352-527-7540 Citrus County Florida contracted with Earth Tech Enterprises to supply and transport approximately 6,200 tons of FDEP approved beach sand from Cemex Materials Mine in Davenport, Florida. The work has to be in compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and Marine Fish and Wildlife Sanctuary This was a truck haul only. The sand was placed on the beach by county forces The project took approximately 5 days to complete. EARTH TECH 44 Earth Tech Enterprises Beach Proiect Experience Clam Pass,Park Shore and North Park Shore Beach Re -nourishment Completed November 2019 Naples, Florida Cost $ 3,579,500 Owner Contact CaHier County Board of County Commissioners Gary McAlpin P.E. Coastal Zone Manager 2800 North Horseshoe Drive Naples, FL 34104 239-252-5342 aryr,) "d1)i ceaii er qvY;�t This was another repeat project for Collier County's' Coastal Zone Management Department. The award to Earth Tech this contract to Re -Nourish three areas of beach in Northern Collier County. The scope of the project called for the truck in- haul of approximately 165,000 tons of FDEP approved beach sand from Stewart Materials Mine located in Immokalee, Florida. This project was in very active high- end residential area tourist season. The owner and stakeholders were highly sensitive to any impact to this popular beach and resorts surrounding the area. -Extensive coordination_was done with law enforcement to minimize the negative impacts of a large truck in haul. At the Southern end of the beach sand was transport directly on to the beach. On the Northern end of the beach overland conveyors were used to transport sand to beach. The criteria called for (2) dump/placement sites operating and once. Due to sensitivity of the schedule the contract required Earth Tech to maintain production at both sites and work 7 days a week. The scope of the nourishment contract requirement included beach transport with escorts, placement of sand, surveying, turbidity observation, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and Marine Fish and Wildlife Sanctuary Earth Tech began work on October 15,2019 and finished on November 22, 2019 for a total of days. This was 5 days ahead of the contract duration. Smathers Beach IVourlshment (truck in haul $� placement) Completed June 2419 Key West, Florida Cost $ 1,236,160 Owner Contact City of Key West Florida The City of West awarded Earth Tech this contract to Re -Nourish their main beach Smather's Beach and three smaller beaches along the Atlantic Ocean. The scope of the project called for the truck in- haul of approximately 20,760 tons of FDEP approved beach sand from Vulcan Materials Witherspoon Mine located in Moorehaven, Florida. Earth Tech assisted the City of Key West with the direct materials purchase program allowing the City to directly purchase the sand materials. Earth Tech was responsible to truck the materials to the jobsite. The contract required Earth Tech to work with City's staff to conduct individual truck QC sampling and recording of tonnages (by truck ticket). This project was started at the height of the winter tourist season. The owner and stakeholders were highly sensitive to any impact to this popular beach and resorts surrounding the area. Earth Tech set up a large staging area for trucks in the right away d'+rectly across from the beach. With the ability to stage a significant number of sand trucks, the daily placement of sand was greatly accelerated without taking away parking for beach goers. Temporary fencing, way finder signs and groundmen were used to route beach goers around the work sites The scope of the nourishment contract requirement included beach transport with escorts, placement of sand, surveying, turbidity observation, dune restoration and compliance with permits issues by FgEP, Army Corp of Engineers, US Fish and Wildlife and Marine Fish and Wildlife Sanctuary Earth Tech began work on May 21,2019 and has completed all work by June 6, 2019. The total duration of 16 days well ahead of the 45 days allowed, EARTH TECH FNICRPRISFS Central Marco Island Beach re -grade Idit: dr2e and placement) Completed April 2019 Marco Island, Florida Cost $ 1,153,100 Owner Contact Collier County Board of County Commissioners Gary McAipin P,E. Coastal Zone Manager 2800 North Horseshoe Drive Naples, FL 34104 239-252-5342 The regrading involved relocating approximately 175,Ot30 cubic yards of sand from the swash zone (above -5A feet NAVD) landward creating a gradual slope from the dune area at approximately +6.5 feet NAVD (+0.5/-0.0 feet) at the most landward point to existing grade along the beach upland of the area of excavation. Earth Tech accomplished the work using a series of hydraulic excavators, off road haul trucks and dozers. This project was started at the height of the winter tourist season. The owner and stakeholders were highly sensitive to any the negative fall out if the project encumbered on residents or visitors to the beach. To ensure that there was minimal impactto beach use, the project area -work area was broken up and constructed in three segments. Each segment was completed to design intent before moving on to the next segment. Extensive temporary fencing, way finder signs and groundmen were used to route beach goers around the work sites. Additional challenges occurred when active gopher tortoise and burrowing owl habitats were discovered inside the or zone. In conjunction with Collier County environmental staff, state and federal agencies, Earth Tech modified their work plan to coordinate hauling and sand placement to avoid any impact to the required protective zones. The scope of the nourishment contract requirement included beach transport with escorts, placement of sand, surveying, turbidity monitoring, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and FEMA. Earth Tech began work on February 2,2019 and finished on April 15, 2019 for at total of 70 days. This was 5 days ahead of the contract duration. North End Interim Beach Nourishment (truck in haul &placement} Completed September 2018 Longboat Key, Florida Cost $1,1U9,S00 Owner Contact Town of Long Boat Key, Florida Isac Brownman, Public Works Director 600 General Harris Street Longboat Key, Florida 34228 (941) 3614988 jbrownman@longboatkey.org This was the third project Earth Tech completed for The Town of long Boat Key. This was an emergency award to take care of some badly eroded sections of public beach at the Northern end of Long Boat Key. The scope of the project called for the truck in -haul of approximately 30,000 tons of FDEP approved beach sand from Cemex Materials Mine in Davenport, Florida. A particular challenge was the limited access to beach and adequate staging for the sand trucks. The truck staging was along residential streets. This required a very detailed MOT -plan and extensive_coorditic tion_with town staff and public safety officials. In order to get on to the beach existing fence and beach berms/dunes were removed. Upon completion new berms where constructed and native dune vegetation was planted. An existing concrete T groin was in the center of the beach fill area and Earth Tech was required to construct a structural sound ramp system to allow transport of the sand over tiie T groin to avoid damage. The contract requirements included beach transport with escorts, placement of sand, surveying, turbidity monitoring, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and FEMA. Earth Tech also completed the post construction surveys including required as built survey. Due to unusual red tide events, this beach was closed to the public throughout the duration of the project. This greatly assisted the schedule. The work was completed in 20 days a full 10 days uttder the 30 day time window established by the Town of Long Boat Key. 2016 Beach Nourishment ILI U16 in haul placement) Completed December 2016 Naples, Florida Cost $ 1,923,100 Owner Contact Collier County Board of County Commissioners Gary McAlpin P.E. Coastal Zone Manager 2800 North Horseshoe Drive Naples, FL 34104 239-252-5342 � C'.i 3'•i i1v;'c This was the second consecutive time Earth Tech was awarded the contract for Collier Caunty's Beach Nourishment program. The scope of the project called for the truck in- haul of approximately 116,000 tons of each sand from Stewart Materials Mine in Immokalee, Florida. Collier County purchased the sand materials direct under contract with the sand mine. Earth Tech was responsible to truck the materials to the jobsite. The contract required Earth Tech to work with Collier County staff to conduct individual truck QC sampling and recording of tonnages (by truck ticket). The area this beach nourishment was lined with high end residential condominiums and beach front resorts including the Naples Ritz Carlton. The work was done during the height of the winter tourism season. Access to the two beach segments was limited to only a single access at each location. To accelerate the schedule, Earth Tech duplicated operations and worked both segments of the beach at the same time. This effort required extensive maintenance of traffic, daily construction at temporary routes far the public to get on and off the beach, 2 way radio communication with the offsite staging to move trucks in and out without shutting down roads or disrupting normal traffic patterns and daily communication with law enforcement agencies as it relates maintaining the approved truck travel routes The nourishment contract requirements included beach transport with escorts, placement of sand, tilling, surveying, turbidity monitoring, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and FEMA. Earth Tech also completed the post construction surveys including required as built survey. Na beach activities were permitted the Thursday, Friday, Saturday, and Sunday of Thanksgiving Beach nourishment activities began November 2, 2016. The contract called for substantial completion of all work by January 3, 2017. Earth Tech had the project completed and fully accepted in December 10, 2016, which was approximately 3 full weeks ahead of schedule. 2016 South End EmerrJencY Beach Nourishment (truck in hau! placement) Completed October 2016 Longboat Key, Florida Cost $1,813,100 941- Duration: 9 days Owner Contact Town of long Boat Key, Florida Juan Florensa, Public Works Director 600 General Harris Street Longboat Key, Florida 34228 (941) 361-6411 ext. 2210 ifli orensa @longboatkey.org After the successful completion of the Central Key Beach re -nourishment, the Town of Lang Baat Key award Earth Tech Enterprises an emergency in haul truck sand placement project in front of the Resort at Longboat Key Club. This was to start upon completion of the town's 210,000 cubic yard off shore dredging project. The contract called for Earth Tech to mobilize to the site on Monday September 19, 2016 to ensure that the work would be completed by mid -October to minimize the impact to the resort's seasonal bookings. On September 2, 2016 Hurricane Herminie passed off the coast of longboat Key, which delayed the de -mobilization of Norfolk Dredging. Earth Tech was able_ adjust_ their mobilization operations and made the required man power adjustments to allow Norfolk Dredging to simultaneously de -mobilize through our project at the South end beach therefore, eliminating schedule impacts to both projects, This project called for the truck in- haul of approximately 50,000 tons of beach sand from Stewart Materials Mine In Immokalee, Florida. Access to the beach was between the Resort at longboat Key Club and New Pass, Earth Tech provided extensive maintenance of traffic and coordination to avoid disruption to the resort's guests, staff and daily beach activities. Earth Tech constructed a truck access corridor directly off the resort's main parking area and between two of the resort's guestroom buildings, which remained active during the project. Due to the lack of beachfront Earth Tech had to first construct a pad out into the Gulf of Mexico to build a pad for the beach mats required for stockpiling of sand and area to load off road haul trucks. Scope of work for Earth Tech Enterprises included truck haul of sand, beach transport with escorts, placement of sand, tilling, surveying, turbidity monitoring, and compliance with permits issued by FDEP, Army Carp of Engineers, UD Fish and Wildlife and FEMA. This project was done during one of most active Sea Turtle nesting seasons in history and Earth Tech's on -site personnel worked extremely close with Mote Marine's turtle nest monitoring staff to ensure that beach hauls and sand placement did not impact numerous active sea turtle nests. As with most beach nourishment projects Earth Tech's operations were Monday through Saturday 6:30 a.m. to 7:30 p.m. averaging 4,500 tons of in haul materials each day. Earth Tech completed the project in 9 days, despite the significant challenge of allowing another contractor to de -mobilize through our work area and avoided distribution to normal working operations of the resort and activities of the guests. Central Key Beach Nourishment Proiect (truck in haul placement} Completed July 20�6 Longboat Key, Florida Cost $10,966,375 Duration: 100 days Owner Contact: Town of Longtanat Key Florida Juan Florensa, Public Works Director 600 General Harris Street Longboat Key, Florida 34228 (941) 361-6411 ext. 2210 lfiorensa lon boatke .ar, In March of 2016 Earth Tech Enterprises, Inc. was awarded a contract with the Town of Longboat Key, Florida far a truck haul and placement of 307,000 tans of sand for the Central Key Beach Nourishment. The project area covered approximately 8.0 miles of beach. Earth Tech selected sand from Stuart Materials in Immokalee, Florida. The truck haul routes were through downtown Sarasota and St. Armand's Circle. Once an to Longboat Key, trucks were limited to using the two lane Gulf of Mexico Drive. This required above normal maintenance of traffic planning and daily communication with the town and public safety agencies. 'The nourishment contract requirements included truck haul of sand, beach transport with escorts, placement of sand, tilling, surveying, turbidity monitoring, dune restoration and compliancewithpermits issues by FDEP, Army Corp of Engineers, UD Fish and Wildlife and FEMA. Earth Tech also completed the pre and post construction surveys including required as built survey. The project was broken into three segments each with an access corridor on to the beach. These corridors had limited space and during peak periods of truck traffic, Earth Tech was staging trucks ai various locations an Longboat Key because the contract would not allow staging of trucks along Gulf of Mexico Drive. Another particular challenge was the requirement that work was limited to one segment at a time. Upon completion of each segment Earth Tech was required to demobilize restore the area and them mobilize to the next segment. Additionally, the project was underway during an extremely active Sea Turtle Nesting and Shorebird Nesting season Earth Tech worked closely with the regulatory agencies including early morning meetings with Mote Marine's Sea Turtle Nest monitoring team and the Shore bird monitoring consultant for clearance prior to the start of beach haul activities. The Town of longboat Keys contract called for October 19, 2018 Substantial completion and Earth Tech was substantially complete on July 13, 2016. During the (100) days on site Earth Tech hauled in and placed on average 3,070 tons of sand, which was well above the contractual minimum of 2,000 tons sand. Earth Tech was able to achieve this schedule despite losing production days due to Tropical Storm Colin and mandatory shut downs over Memorial Day and July 4tr' weekends. !Naples Beach Re -nourishment (sandplace mentI Completed November 201� Naples, Florida Cost $ 748,000 Owner Contact Caliier County Board of County Commissioners Gary McAlpin P.E. Coastal Zone Manager 2800 North Horseshoe Drive Naples, Ft. 34104 239-252-5342 GarvMcAloin,@colliergov.net The Collier County Board of County Commissioners contracted with Earth Tech Enterprises to place, grade and transport approximately 90,000 tons of beach quality sand on Naples Beach to repair damages as a result of Tropical Storm Debby. This was a truck haul project with sand provided from the Stewart Mine in immokalee, Florida. The county had a contract with another vendor to supply and deliver the sand. Scope of work far Earth Tech Enterprises included beach transport, placement of sand, tilling, surveying, turbidity monitoring, and compliance with permits issues by FDEP, Army Corp of Engineers, UD Fish and Wildlife and FEMA. Beach nourishment activities began November 10, 2014. The contract called for substantial completion of all work in (34) consecutive calendar days and fully completed to the point of final acceptance by the owner within seven (7) consecutive calendar days after Substantial Completion. No beach activities were permitted the Thursday, Friday, Saturday, and Sunday of Thanksgiving. The project was completed and fully accepted in December 15, 2014, EARTH TECH F N°fi`f�l�Pf#I51aS Clam pass - Emergency Beach Repairs (dredfinfiand upland sand placement Completed April 2013 Naples, Florida Cost $ 206,000 Owner Contact: Collier County Florida c/o Humiston & Moore Engineers Brett Moore, P.E. President 5676 Strand Court Naples, Florida 34110 239-594-2021 bdm@huminstonandmoore.com This project involved Earth Tech completing emergency repairs at Clam Pass, the inlet between Clam Bay and the Gulf of Mexico. Since January 2013 Clam Pass had been closed off from the Gulf of Mexico due to the accumulation of sand that had migrated into the channel, cutting off tidal exchange and jeopardizing the health of the Clam Bay estuary system. The U.S. Army Corp of Engineers issued Collier County a Nationwide Permit 3 for "emergency" one time dredging of the inlet. Special conditions were added to the permit to protect manatees and sea turtles. The permit also specified that dredging had to be performed from the bay side toward the Gulf of Mexico, with the final cut reconnecting Clam Bay done at low tide. Earth Tech opted to use a series of track backhoes cut 25,000 cubic yards of sand from the inlet to open water flow into the pass. With no land access to the upland dump sites, the materials were transported on the beach. Grading and placement of the sand had to be done at night to avoid daytime closure of the beachfront areas used by the Pelican Bay Community to South and Naples Grande Hotel to the North. ::ARTH TECH Doctors Pass — Emergem Beach Berm Nourishment (haul in with conveyorsl Completed July 2010 Naples, Florida cost S9o,00a Owner Contact Collier County Board of County Commissioners Gary McAipin , Coastal Zone Manager 2800 North Horseshoe Drive Naples, FL 34104 239-252-5342 GaryMcAlpinCo)colliergov.net Collier County officials declared a state of emergency to fix an eroded dune that had left two condominiums south of Doctors Pass in Naples vulnerable to hurricanes. Collier County hired Earth Tech because of their previous experience with beach nourishment projects. This was a 10,000 ton truck haul project with sand provided from the Stewart Mine in Immokalee, Florida. Access to the beach work area was severely restricted and sand placement to the work area was done using a series of conveyors. Additional challenges Earth Tech overcame include working through daily summer storms, protection of existing dune vegetation and coordination of work with regulatory agencies to avoid disruption to active sea turtle nests that were with in projection area. EARTH TECH ENTERPRISUS EARTH TECH �rv�rcr�r�r�ises Ono Collier County, Florida Gary McAlpin, P.E. -Director Coastal Zone Management 2800 South Horseshoe Drive Naples, Florida 34014 239-252-2966 5aff_r c llai( 1)_.(q!co.lhercount ffi o✓ City of Key Test, Florida Johnnie Yongue, EIT -Project Manager Public Works 633 Palm Ave Key West, Florida 33040 305-809-3867 �c:ityr�fk�y_�rves�-fl-�cv Towrn of Long Boat Key lsac Brownman, Director Public Works Department 500 General Harris Street tong Boat Key, Florida 34228 941-3614988 iE�rr�G��rr_7�n c�k>r7r�tn��ati��y.t?� FORrii 6 - 4G'T' Bidder acknowledges that included in the various items of the bid and in the Total Bid .Price are costs for complying with the Florida Trench Safety Act NM6, Laws of Florida) effective October 1, 19W The Bidder further identities the cost to be summarizes! below: Trench Safety Units of Unit Unit Extended Cqg Measure Measure {Quantity Cost (Dcscri tion a F.SY) bcirchin;; 2. 3. 4. 5. E: F t,00U �2U0 �,UOU.UU Failure to complete the above may result in the Bid being declared non -responsive, iairth 1"cc19 Fntc�•pri•e., Inr. 9-3-2020 Signature: -- Bate: Construction Solicitation Doc rev 02-29-20 2,0UO.U0 FORM 7 - BID BOND KNOW ALL MEN BY THESE YRI:SENTS, that we Earth Tech Enterprises, tnc. _ (herein after called the Principal) and ^� Atlantic Specialty Insurance Company (herein called the Surety), a corporation chartered and __._._...... ---- .......- ........ --_......--- — existing under the laws of the State of May with its principal offices in the cityof Plymouth and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commissioners Collier County (hereinafter called the Owner), in the full and just sum o l' "5% of Bid Amount "'" dollar's s """5% of Bid Amount'"") good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. 1�'`hereas, the Principal is about to subntit, or has submitted to the Otynea, a Bid for famishing af! labor, ntatcrials, equipment and incidentals necessiry to furnish. install, and fully complete the Work oil the Project known as Bid Nov 204797 Collier [leach Renonrishment 2020-202l Nt�1\', "I'HI:RF�[aORG, if the Owner shall accept the Bid of the P1t1NC7PAL and the Pit1NC11?4L shall enter into 'the required Agreement with the Owner and within tell days after the (late of'a written Notice of Award in accordance with the terms ofsuch Bid, and give such fond or bonds in an amount of 100% the total Contract Amount as specified ill the. F3idding Documents or Contract Documents with good and stiff icieni surety for the faithtiil performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required ccrtificatcs of insurance, if the PRINCIPAL shall pay to the OBLIGI ' the fixed sum of S 5% of Bid Amount noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to retrain in full force and effect. IN T1�S'1'IMO\�' .fhereof, the 11 P �tcipal and Surety have caused these presents tel be drily signed and sealed this 3rd day of _ September 20204 I31' Christopher Gehring, Presi Attorney (a7U21Ic;1'SlLnC Appointed Procaucing Agent for na na Earth Tech frin(:ipal tScal) Surely (Seal) KNOW ALL MEN BY'I'ffLS@ PRESEN'iSI that r\TLAN'T1C tiPF..C;It\LTY INSURANCE (:OMPANY, a New York corporation with its principal office ln'Plymvuth, Minnesota, does hereby constitute and appoint: Matthew T. Smith, Heather Paruta, Jessica Martin, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and defiver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all tither writings obligatory in the nature thereof; provided that no build or undertaking executed under this authority shall exceed in atnouirt the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of die following esolutions adopted by the Hoard of Directors of ATLANTIC; SPECIALAN INSURANCE COMPANY on tine twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vlce-President (each an "'Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer inay appoint and authorize an Attorney -in -Pact to execute oil behalf of the Company any and all such instruments and to affix the Company seal thereto; and Thal the Atnhorized Officer may at any time remove any such Anorney-in-Fact and revoke all power and authority given to any such Attorney -in - act, Resolved: That the Attorney-in-Paa may be given bill power and authority an execute for and in (hc name and vn behalf of the Company Any and all bands, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to he attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the Follot,'ing Resolution adopted by the board of Directors of ATLANTIC SPEC::IAL'IY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of all Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by Facsimile to any power of attorney or to any certificate relating thereto appointitrg an Attorney -in -Fact for purposes oily of executing and scaling any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the originud seal of the Company, to be valid and binding upon the Company with tine same force and effect as though rnanuaity affixed. INH'ITNGSS WHEREOF, A'1'I,AN'17(; SPECIALTY 1tJti1JRANCE C0b1PANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to he affixed this twenty-seventh day o(April, ' 02U. By sTA-fr t�� rinNNFsoTA H6NN[iPIN COl1N"1'Y Paul J, Brehni, Senior Vice President Un this twenty-seveutli day of April, `L020, before me persrioally ianie Panl J. Brehm, Senior Vice President of �1`fLANT1C SPECIALTY INSURANCE CO1viPANY, tome personally kilown to be the individual and vf[icer described in and who executed the preceding instrument, and he acknowledged the execution of the same, .tnd bcirig by' me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to tiler preceding instrument is the seal of said C;onipaay and Ihat the said seal and the signature as such officer was duly'' affixed and subscribed to the said instrument by the authority and at the direction of the Company. ALISON DWAN NASN•TROUT NOTARY PUBt.IG • MINNESOTA My Commission Expires January 31, 2025 1, rho undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY (Deer and has not been revoket�r�� resolution. set faith ab vp e are nniv in Corte. Signed and sealed, lJated....._............._._.._...._.__day of .._._.._._..._....... .__...__, _. ..._: Notary Public a New York Corporation, do hereby certify that the foregoing power of attorney is in full ::�"'.�ingPGRpr lba�. SEAL n. This Power of t\Iturney expires lanuars 3f,202.5 �t, 1<ara barrow, Secretary FORM S -INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. "fhe Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, C:onUactors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Cvllier County shall be responsible for purchasing and maintaining its oun liability insurance. Certificates issued as a result of tha award of this solicitation must identify "For any and all ��-ork performed an behalf of Collier County", or, the specific solicitation number and title. The General Liability Policy provided by Vendvr to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under- this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier Cvunty Board of County Commissioners, C7R, Board of County Commissioners in Collier Count}, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all �aork performed on behalf or Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any insured retentions retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of insurance the nature and amount of such self- insured retentions or "deductibles and provide satisfactory evidence of financial responsibility For such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. CoveraUe(s) steal} be maintained without interruption from the date of commencement of the Work until the date of corrrpletion and acceptance vfthe scope of w«rk 6y the Count} or as specified }n this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal ort the part of the insurance carrier or the Vendor. 'fie Vendvr shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(sj required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such overage Ds purchased. If Vendor fails to reimburse the Comity for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coveragc(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(] shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (itl) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. Collier County Florida Insurance and Bonding Requirements Insurance, on Type Required T imits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of WorkersCompensation coverage or a Certificate of Fxemptioti issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at bgRs at�ns_11c1is_coiti;'k?c�ce�ein b' 2. ®F;mployer's Liability S_1,000,000 single limit per occurrence ;, � Commercial General Bodily ]njury and Property Damage Liability (Occurrence Form) patterned after the $_1,000,000 _single limit per occurrence, S1,000,000 aggregate for Bodily current ISO form Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. �l. � Indemnification To the maximum extent permitted by Florida law, tlse C'ontractor,'Vendor shall defend, indemnity and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorlVendor in the performance of this Agreement. �, � Automobile Liability $_f,Ann ,tint) � Mach OccutMnce;Bodily Injury & Property Damage• Owned!Non-ownecL'Hired; Automobile Included G. � Other noted: insurance as ❑ All atereraft S Per Occurrence ❑ United States I.,ongshoreman's and Harbor�irorker's Act coverage shall be maintained where applicable to the completion of the work. Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than S551000,000 each occurrence if applicable to the completion of the Set•vices under this .Agreement. S Per Occurrence (� PollutioPollution ❑ /..lability Professional S 13000,000 Per Occurrence S ❑ Project Professional /.:lability ❑ Valuable Papers Insurance ❑ Cyber Liability Per Bairn �. in the aggregate Per Occurrence S S Per Occurrence S Per Occurrence ❑ Technology Errors &.Omissions S_._......_..._____._._.___.__� E'er t)ccurrence G017,er County r'rstrat�tie ;;En,s ae�,tr� �! 80}�1l 9 - Cb�pL(C'r tl€� 31+€"hEI2F:5"1` A;rFli)A1'IT The vendor certifies that, to the best of its knowledge and belief. the past and current wark ari any Collier County project affiliated with this Solicitation does not pose an organizational conflict as described by nne of the three categories below: Biased ground rules — The firm has not set the `'ground niles" f'or affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of Nvork, specifications, or perfo,ruing systems engincering and technical direction for the procurement) which appeals to Skew the competition in favor of my firm, ltttpaired object}vity —The firrn has not perforried work on an affiliated past or current Collier County project identified above to evaluate proposals f' past pert rinance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic. information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts, Jn addition to this signed affidavit, the contractnr /vendor must provide the fo}lowing: 1. All documents produced as a result o!'the work completed in the past orcurrently being worked on for the mentioned project: project: and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through nnn- public (not in the "sunshine") conversation (s), meeting(s), document(s) andior other means. Failure to disclose all material or having an organizational -conflict -in one or more Of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). 13y the signature below, the firnt (employees, officers and'or agent~) certifies, and hereby disclose., that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently p}armed interest or activity (financial, contractual, organizational, or othenvise) which relates to the project ides ified above fins been fully disclosed and does not pose all organizational conflict. f� Earthe h Errtijrprises, Inc. Companoarne Signature Christopher Gehring - Presidectt Print Name and Title Florida State of County of,--- I'ee The foregoing instrument was acknowledged before me by means of �piysica} presence or ❑online notarisation, 3rd Se tember 2020 Christo her Gehrin ~"-" "�name of person acknowledging), )„% Personally Known OR Produced Identification is?ukrttSi'e of ola r to - S f e of Florida) Bernard F. McGovern _ (Print. Type, or Stamp C'onunissioned Name of Notary Public) BERNARi7 F. MGGOVERN ;- MY COMMISSION # GG 21V3 EXPIRES: June 2.2, 2022 nonded 7hru Noury Public Underwritefs a 7t✓ t;. 0111Ity} F©R�1 I0 -VENDOR IitsCLAitAT'ttTN S't;1TE�#E:;1T E30AKT) tJF COUN`I`Y C`O1ti4T�lI5S10NERS Collier County Government Complex Naples, Florida 34112 hear Cotnrnissioners: 'ihe undersigned, as Vendor declares that this respanse is made t�ithotu connection ttir arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares tile instntetionS, purchase order teams and conditions, requirements, and specifications -scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier Count�documntt for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub- �endor for any future associated with work that is a result of this awarded contract. tN LVI"I`NIS5 Wlif:}ZEC)F, «%I; have hereunto subscribed our names on this 3rd day of September 20 20in the County of Lee in the State of Florida Fit1n's-Legal Earth Tech. Enterprises, Inc........ Name: 6180 Federal Court Address: City, State, lip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR N or CAGE Code Only ifGrant Funded 7 elephonc: Email:. Signature by: tTyped and written ) 1`itlef Fort Myers, Florida 33905 P00000098390 59-3679G52 4YD47 239-774-1223 cg@earthtechenterprises.com Christopher Gehring President Additional ('ontact 111f01 n144tiol2 Send payments to: Earth I'cch bnterprIses, Inc. (required if diffcrertt Con7parry name used as payee 'rant abov'c) ('cntt<u t :fame: Lisa Gehring i itle Vice President isddics�: bi80 Federal Court Fort Myers, Florida 33905 'i t Icphiutc. 239�774-1223 1:-;ntail: lira@carhtechenterprises.rprn C)ffice ser�icin;; C;ugier Counts to place orders (retiuired if (IiffewIIt !'rent above) CMill act tt,nte. `f isle: ddress: CSty, titatc-. 7.IP felephone: l_attail: Btrtch McGovern -Chief Operating Officer 5ecctndaryC'onttrct fa this Soltcitatic7tt Rattail. botch(a�eartlttechertterprises.com Yhnrte: 2394744223 A4 to ter Gotmol iit?rz3ir'Fi�t�UvG tuiu:s bepa:t;ita'� I%f3R tt i I - 1�tr�uc�tin`r►oN Art't►�:�vrr t ERT►r►c,��`fe�r� 1 his Affidavit is required and should be signed, notarized by an authorised principal of the fine and submitted with formal solicitation submittals, Further, VendOTS are required to be enrolled in the E-Verify program, and provide acceptable evidence of their ettrolltnent, at the time of the Submission of the Vendor's bid, Acceptable evidence consists of a copy of the properly completed E-Verity Company Profile page or a copy of the fully executed E-Verif} Memorandwn of Understanding for the company which will be produced at the time of the submission of the Vendor's bid or within five (5) day of the C`ountyIs Notice of Recommend Award, PRUI't?SALBID 1'I41` DEE:i1'I TIi; VENllt)R NnN-RC,SPOtS'SIVE, Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8U,S,C. Section 1324 a(e) Section 274A(c) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) ol' the INA, Such Violation by the recipient of the Employment Provisions contained in Section 274A (c) of the INA shall be gr(,unds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and Subsequent Amendmeni(s)) and agrees to comply with the provisions of the Memorandum of Understanding with Iv -Verify and to provide proof of enrollment in The Employment Eligibility Verification System ( -Verify), operated -by the Department of Homeland Security -in partnership_ with the Social Security Administration at the time crl' submission of the Vendor's bid. i Earth Tech F te' rills, Inc. Company� le Sibnature Christopher Gehring -President Print Name and Title State of Florida Lee County of The foregoing instrument was acknowledged before me by means ofy physical presenwe or 0 online notarization. this 3rd day of September {ratonth), 2024 (year), by Christopher Gehrig (name — of person acknowledging,). r� r _ \r4Udw Iatnre "t;N0 flu State C)1%1 ride) Bernard 1'ersonaliy Known OR Produced Identification 7�ype of Identification Produced F. McGovern (Print, Type, or StampCommissivned Name of Notary Public) BERNARD t=. MCGOVERN �„'_ MY COMMISSION # GG 21fl:i43 >;' EXPIRES: June 22, ?072 Bonded Thru Notary Public UFuierwriters FORM 12 w. BIDDERS CHECKLIST IMPORTANT": No bid shall be considered unless it is trade on unaltered Bid forms which are included in the Bidding Documents, Please read careftilly, sign in the spaces indicated and return with ,your Bid. Bidder should check off each of the following items as the necessary action is completed: f1. The Bid has been signed. /2, The Bid prices offered have been reviewed. AThe price extensions and totals have been checked. /4. Bid Schedule has been completed and attached, 15. Any required drawings, descriptive literature, etc. have been included. �6. Any delivery information required is included. 74 The following on-line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form b. Construction services agreement c, Purchase order terms and conditions /. All of the following bid forms have been completed and signed: a. Bid Form (Form 1) b. Contractors Key Personnel (Fort 2) e. Material Manufacturers (Form 3) d. List of Major Subcontractors (Form 4) e. Statement of Experience (Form 5) 1'. Trench Safety Act (Form 6) g. Bid Bond Fora (Form 7) h, Insurance and Bonding Requirements (Form 8) i. Conflict of Interest Affidavit (Form 9) j, Vendor Declaration Statement (Forni 10) k. Immigration Law Affidavit Certification (Form 11) MUST be signed and attached with your submittal or you MAY be DEEMED NON -RESPONSIVE 10 Signed Grant Provisions and Assurances package in its entirety, if applicable. -are -executed and should be included with your submittal, All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. /9, Copies of'required information have been attached a. Business tax Receipt (Collier County Businesses Only) b. Company's &Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida (sunbiz.org) d. Any required professional licenses -- valid and current (niyfloridalicense.com) (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) /10 if required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been submitted. 11, Any addenda have been signed and acknowledgement form attached and included, or you MAY be DEEMED NON -RESPONSIVE. The Bid will be uploaded in time to be received no later than the specified onenintt date and time, otherwise the Bid cannot be considered. h--A�crtl� hnnlo% Cr V izard - (-*nmpanm h111onna(ion Page ! of I 14 gnu H Employment Eligibility Verification Company Information se Ph�41Cdf LQC 3liUl) �.Md,it:th lat(lli CSS ... , hdd:bo11af lrrfnrm (ion Organza flats Oesagnaaon 2019 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P00000098390 Entity Name: EARTH TECH ENTERPRISES, INC. Current Principal Place of Business: 6180 FEDERAL COURT FT MYERS, FL 33905 Current Mailing Address: 3180 FEDERAL COURT FT MYERS, FL 33905 US FEi Number: 59-3ti79652 Name and Address of Current Registered Agent. GEHRING, CHRISTOPHER L 3420 3RD AVE. S.W. NAPLES, FL 34117 US FILED Jan 22, 2019 Secretary of State 9106956672CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changLlg its registered office or registered agent, or both, in the Slate of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail Title PD Name GEHRING, CHRISTOPHER L Address 3420 3RD AVE. S.W. City -State -Zip: NAPLES FL 34117 ;On AGENT ....Name KERSKIE,-SCOTT Address 6180 FEDERAL COURT City -State -Zip: FT MYERS FL 33905 Title VP Name LIRETTE-GEHRING, LISA A ress 3420 3RD AVE SW Add City-State-Zip: NAPLES FL 34117 I hereby certify (hat the information Indicated on ihts report or supptamantal report is true and accumle antl that my electronic signature shall Nava the same legal effect as i/made under oath; that ! am an oKcar or dlractor o17ha carporatlon or dre receiver or bustao empoweraf to execute this report as requimd by Chaptor 607, FYorida Stetutos; and that my Hama appears above, or on an attachment wfth at! other like empowered. SIGNATURE: CHRISTOPHER GEHRING VP 01/22/2019 Electronic Signature of Signing OfficerlDirector Detail Date Detail by FEI/EIN Number Page I of 2 (=larida Denartrnent of State ��; �" � ��Ir ,, r-��a ` _ �.,r r��{�. �.,/l.l� .. fl,�.._ i i� r.t / i �� f .. . _.� t ��, :'1i Department o(State / Division of Gorpi_orations /Search �tecords / Search by FEI(EIN NumiaEr / Detail by FEIII�IN Number Florida Profit Corporation EARTH TECH ENTERPRISES, INC. Filing Information Document Number FEIIEIN Number Date Filed State Status Principal Address 6180 Federal Court Ft Myers, FL 33905 Changed: 01/02/2018 Mailing Address 6180 Federal Court Ft Myers, FL 33905 P00000098390 59-3679652 10/18/2000 FL ACTIVE Changed: 01 /02/2018 Registered Agent Name &Address GEHRING, CHRISTOPHER L 3420 3RD AVE. S.W. NAPLES, FL 34117 Address Changed: 04/11/2007 OfficerlDirector Detail Name &Address Title PD GEHRING, CHRISTOPHER L 3420 3RD AVE. S.W. NAPLES, FL 34117 Title VP �ivisiov Oi� GOi.:POR/•.TIOtJu LIRETTE-GEHRING, LISA A http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNumber&directio... 9/22/2020 Detail by FEI/EIN Number Page 2 of 2 3420 3RD AVE SW NAPLES, FL 34117 Title Agent Kerskie, Scott 6180 Federal Court It Myers, FL 33905 Annual Reports Report Year Filed Date 2019 01 /22/2019 2020 01 /15/2020 2020 07/09/2020 Document Images 0`tf0912020 -- AMENDED ANNUAL REPORT 01../15/2020 -- ANNUAL REPORT 12/02/2019� AMENDED REPORT _ANNUAL 01/22/2019 -- ANNUAL REPORT 01/02/2018 -- ANNUAL REPORT 03/01/2017 -- ANNUAL REPORT 02/11/2016 - _ANNUAL REPORT 01/15/2015 -- ANNUAL REPORT 01/17l2013 -- AIJNUAL REPORT 03.113/2012 —ANNUAL REPURT 03/14/2011 REPORT ._mmANNUAL p2/16/2010 -- ANNUAL REPORT 07/22/2009 -- ANNUAL REPORT 03/23/2009 -- ANNUAL REPORT 04/30f2003 04/11/2007 -- ANNUAL w -- ANNUAL. REPORT REPORT 04/26/2006 -- ANNUAL REPORT 04/30/2005 -- ANNUAL REPORT Q4128/2004 -- ANNUAL REPORT 05/02/2003 03/28/2002 -- ANNUAL -- ANNUAL REPORT REPORT 04/02/2001 -- ANNUAL REPORT i 0/18i2000 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in_PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format b'iew image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format F!U�rda Duart�.�a�rt of St,ce, Divi;iun of i,3rJi�i �tIU1):' http*Hsearch.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetall?inquirytype=FeiNumber&dlrectio6to 9/22/2020 q .� $C \ ( \co Lij o 0 / / ƒ Z \ . * « & 0 2 Z r .\ 7 ƒ/\/ Q / & O / f \ a 0 u O/ 2 �z ¢/z \ 0 ® Lon k \ / \ce /ƒ/Z \ e = § EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Christopher Gehring Butch McGovern Personnel Category Construction Superintendent Project Manager 10 Construction Services Agreement: Revised 07211 S (v6) 09/28/2020 RE: Earth Tech Enterprises, Inc. Bond No:800099117 To Whom it May Concern, Please accept this letter authorizing Collier County Board of Commissioners to enter any and all dates necessary to complete the payment and performance bond on the above captioned. Please fax completed copy to our office. Warmest Regards, Smith Insurance & Bonds thew T. Smith Attorney in Fact Atlantic Specialty Insurance Company (4 S11'.,1IT &,BO BONDS SURLIY BOND & COMMLRCIAL INSURANty_ LXPLK S FISureryeoods.com 1 239.243.9729 1 866.976.2185 .5261) a.imme• n Commons %boy, S.wt! K2 I Fort Mycrs, F! 33907 ©O■®E Document issued to comply with the Florida Statue Chapter 713.245 Front page of Performance and Payment Bond Bond Number: 800099117 Surety: Atlantic Speciality Insurance Company Local Address: Atlantic Speciality Insurance Company 605 Highway 169 North Suite 800 Plymouth, MN 55441 Phone: 239-243-9729 Contractor: Earth Tech Enterprises, Inc. 6180 Federal Court Fort Myers, FL 33905 Owner: Collier County Board of Commissioners 2800 North Horseshoe Drive Naples, FL 34104 239-252-5342 Obligee Name: Contract Number: Amount of Bond: $ Project Description: Legal Description of NA Property: SAME na $1,094,700.00 20-7797 Collier Beach Renourishment 2020-2021 SMITHINSUR & BONDSrE ,JHL I Y Bi)t _; ri r( .tirv+,Lki-IAL INSI_w.AfJCL LA.P- 5'S FLSureryBonds.com 1 239.243,9729 1 866.976.2185 ., �4 .inn:• r :rur ors \May. S i ?�e I �01 HVya:.... 33907 ®0111Q111 EXHIBIT B-1: PUBLIC PAYMENT BOND 20-7797 Bond No. 800099117 Contract No. 20-7797 KNOW ALL MEN BY THESE PRESENTS: That Earth Tech Enterprises, Inc. , as Principal, and Atlantic Speciality Insurance Company , as Surety, located at 605 Highway 169 Ninth Suite 800 Plymouth . MN 55441 (Business Address) are held and firmly bound to Collier county Board of county commissioners as Obligee in the SUM Of One Million Ninety -Four Thousand Seven Hundred Dollars zero cents ($ 1,094,700.00 ) 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 1 with Obligee for 20-7797- Collier Beach Renourishment 2020-2021 in Collier County, Florida accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body. 11 Construction Services Agreement: Revised 072118 (v6) 1CAG Signed, sealed in the oresenrA President PRINCIPAL Earth Tech Enterpises, Inc. BY: Christopher Gehring NAME: Earth Tech Enterprises, Inc. ITS: President STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me by means of t3 physical presence or ❑ online notarization, this 28T" day of SE,p-rPr 5En 20 20 , by C.tu�iSfd�uln GEWI-r?dt� as P"rror-.f of E_A�n+ rracµ EvrE rL(A tse s xNco, a Fk oti, n a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as i-dentitcation and did (did not) take an oath. My Commis BERNARD F. MCGOVERN (Signature 6f Notary Public) .o.....�.,, MY COMMISSION p GG 218W �� EXPIRES: June 22, 2022 N E: ( EM1"-A—r) Bonded Thor Notary Public Underwriters ***See fo owing page (Legibly Printed) SEAL) ATTEST: Witnesses to Surety Notary Public, State of Commission No.: SURETY: (Printed Name) (Authorized 12 Construction Services Agreement: Revised 072118 (v6) (CA( MW na c,g P Witnesses Heather Paruta STATE OF Florida COUNTY OF Lee -ney in Fact Power of Attorney) Matthew T Smith (Printed Name) Atlantic Speciality Insurance Company 605 Highway 169 North Plymouth Minnesota, 55441 (Business Address) 239.243.9729 (Telephone Number) The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization, this 28 day of September 1 20 20 by Matthew T Smith as Attorney in Fact of Atlantic Specialty Insurance Company, a MN corporation, on behalf of the corporation. He/she is personally known to me OR has produced Personal known as identification and did (did not) take an oath. My Commission Expires: 03/03/2023 a4`� Po84 LORIASANDERS Clon # GG 302337 (AFFIXAIAL 'Iarch3,2023 �Oe GLOW ornin Bonded ihu BU60Nobly Sw" " (Signature of Notary Name: Lori A Sanders (Legibly Printed) Notary Public, State of: FL Commission No.: GG309337 13 Construction Services Agreement: Revised 072118 (v6) CNO EXHIBIT B-2: PUBLIC PERFORMANCE BOND 20-7797 Bond No. 800099117 Contract No. 20-7797 KNOW ALL MEN BY THESE PRESENTS: That Earth Tech Enterprises, Inc. as Principal, and Atlantic Speciality Insurance Comoanv as Surety, located at 605 Highway 169 North Suite 800 Plymouth Minnesota 99441 (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Obligee in the sum of One Million Ninety -Four Thousand Seven Hundred Dollars zero cents ($ 1,094,700.00 for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for Collier Beach Renourishment 2020-2021 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specked in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. 14 Construction Services Agreement: Revised 072118 (v6) ,o IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, seal d Ord delivered in the orese ce of: A President Witnesses NAME: STATE OF FL COUNTY OF Collier PRINCIPAL Earth Tech Enterprises, Inc. By. Christopher Gehring Earth Tech Enterprises, Inc. President The foregoing instrument was acknowledged before me Vy means of forphysical presence or ❑ online notarization, this Z$ W day of SEpre M3 F-n— 20 20 , by CHn-tSioPNFs— GENeft uti as P(Le- 5 1 09C-+'T of (/ati'ru TEur E�+rs^-Pn,lretr tN(. a Ec ti PA — 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: iw s zz, 2oz-, (AFFIX OFFICIAL SEAL) BERNARD F. MCGOVERN MY COMMISSION # GG 218543 EXPIRES: June 22, 2022 Bonded Thru Notary Public Underwriters (Signat re f Notary Public) Name: P,I;-- �,...A, > F IM `f.'. 6� (Legibly Printed) Notary Public, State of: r��^ Commission No.: G Ca Z r 8 s`*3 15 Construction Services Agreement: Revised 072118 (v(3) U Witnesses as to Surety y 4 .)ap Witnesses STATE OF FL COUNTY OF Lee SURETY: (Printed Name) ttBuiness Address) (Authorized Power of Attorney) Matthew T Smith, Attorney in Fact (Printed Name) 605 Highway 169 North Plymouth Minnesota 55441 (Business Address) 239.243.9729 (Telephone Number) The foregoing instrument was ac led ed before me by means of ❑ physical presence or ❑ online notarization, this day of September 20_ 20 by Matthew T Smith as Attorney in Fact of Atlantic Specialty Insurance Compapy , a MN corporation, on behalf of the corporation. He/she is personally known to me OR has produced Personal/ known as identification an did (did not) take an oath. r'�'/ My Commission Expires: ,�rpY IU LORIASANDERS Commission # GG 3023V y c� Expires March 3, 2023 °j1°or noa' eauwnm BudgANom $K" (AFFIX OFFICIAL SEAL) Lori Sanders (Legibly Printed) Notary Public, State of: FL Commission No.: GG302337 16 Construction Services Agreement: Revised 072118 (v6) One Beacon INSURANCE GROUP Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Matthew T. Smith, Heather Parvta, Jessica Martin, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and seated with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer') may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seat thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attomey-in- Fact. Resolved: That the Attomey-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attomey-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. ...P�.�V INSrjgey. EQ GpPPORgTF,9 e, =h SEAL m: 1986 o By STATE OF MINNESOTA k& *cw voP}aa$� Paul J. Brehm, Senior Vice President HENNEPIN COUNTY `, 4, C 1•�.•'' On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. [O:::NOTARY SON OWAN NA"."OUT PUBLIC MINNESOTACommission Expires January 31, 2026 Li�mA4� Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated day of o\P'SV INS&%•.. 4 LpPP 0RFJF9ni aw: SEAL m; 1986 os This Power of Attorney expires4Ew vo?da'a January 31, 2025 �1 r +s 1-A••• Kara Barrow, Secretary EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. It Certificates issued as a result of the award of this solicitation must identify For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier - -County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Contractor's sole responsibility. Coverages) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation ornon-renewal on the part ofthe insurance carrier orthe Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17 Construction Services Agreement: Revised 072118 (v8) Should at any time the Contractor not maintain the insurance coverages) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 Construction Services Agreement: Revised 072118 (v6) Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ❑ Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. ❑Employer's Liability $ '' ''single limit per occurrence 3. ❑Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $ single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ❑Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 5. ❑Automobile Liability $ ' Each Occurrence; Bodilylnjury &Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other noted: insurance as ❑Watercraft Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution 0 Per Occurrence ❑ Professional Liability $ 'Per claimthe aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 19 Construction Services Agreement: Revised 072118 (v6) ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as 'A " or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ❑Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 10. ❑ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurancemaintainedby, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. 11. ❑ The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ❑Thirty (30) Days Cancellation Notice required. Consultant's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Consultant Signature Print Name Insurance Agency Agent Name Telephone Number 20 Construction Services Agreement: Revised 072118 (v6) EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness President Witness STATE OF COUNTY OF CONTRACTOR ITS: DATE: [Corporate Seal] The foregoing instrument was acknowledged before me by means of ❑physical presence or ❑online notarization, this day of 20 by corporation. He/she is personally My Commission Expires: (AFFIX OFFICIAL SEAL) as of corporation, on behalf of the known to me OR has produced as identification and did (did not) take an oath. (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: 21 Construction Services Agreement: Revised 072118 (v8) EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of Count Commissioners the OWNER)or Collier Coun(y taster -Sewer Owner's Project Bid No. Manager's Name: Project No. Count 's Division Name Purchase Order No. Submitted by Contractor Application Date: Representative: Name Contractor's Name & Payment Application No. Address: Original Contract Time: Ori inal Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & $ Stored to Date: Retainage @10% $ Retainage @ 10% through [Insert $ through [Insert Date] date] Retainage @ % $ Less Retainage $ after Insert date Total Earned Less Retainage $ Less previous payment(s Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time % Completed to Date: Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. MEE Contractor's Name Contractor's Si nature: Date: Shall be signed by an authorized Type Title: representative of the Contractor. to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: .Payment Professional's Name: .Design Date: Signature: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is `recommended by: Owner's Project Manager Name: Date: Signature: 22 Construction Services Agreement: Revised 072118 (v6) EXHIBIT D (Continued) SCHEDULE OF VALUES Project Name: Project Number. Date: _.. _._. _....... ......... Period To: ITEM NUMBER *Explanation DESCRIPTION SCHEDULED VALUE WORK COMPLETED STORED MATERIALS TOTAL COMPLETEC &STORED TO DATE PERCENT COMPLETE BALANCE TO FINISH 10% RETAINAGE _% RETAINAGE (reduced rate) TOTAL RETAINAGE WTHHELD PREVIOUS APPLICATIONS THIS PERIOD THRU DATE SINCE DATE TOTALS for the two columns under Previous Applications: The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue cor into play. If this happens, all information up to the date of the % change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column. This states what has happened since the change in retainage. 23 Construction Services Agreement: Revised 072118 (v8) Exhibit D (Continued) Stored Materials Record Formula: A+B-C-D=E A B C D E Date Descri tion Supplier Invoice Number Previously Received Received This Period Previously Installed Installed This Period Balance To Install 24 Construction Services Agreement: Revised 072118 (v6) EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http:Hbccsp01 /SiteDirectory/ASD/Purchasing/Forms1 /Forms/DefauIt.aapx Change Order Form Contract#:Change#:= Purchase Order#: I I Project#:�� ContractorlFirm Name:— --� Projeot fdanager Name — Project Name: Department: r�riginal Contrach.`Ntcrk Ceder Arr�unt Criginsl BCC: Apprsgisl DaLr=; Agenda Item # Current BCC ACpxcvedArrount Last BCC Approval Dste; Ands Item# Current Cont£set Work Order Amount SAP ContractExpirstion Date_ (IIteT) Dollar Amountof this Change *oiviI I Total Chsngefrom CriginalAnmunt RevisedCcntractIOrder Total S _fl.fl0E-ODIV.1'011 ChangeffornCurrent BCC Approved Amount __.. rti mot. fl.flfl ODIVIV Changefroom CtxrantAn->ysunt Completion Date Description of the Tasks}Change, and Rationale for the Change � Notice to Praoee Original Last Approved �� Revised Date Date Completion Dat Date 's="a"3':r #of Days Added C� SelectTasks Q''Addnewtask(s) O'Deletetask(s) 13 Changetask(s) OOther Provide a respon se to the following: t.) detailed and specific explanationkatio nale of the requested changes) to the task(s) and J or the additional days added (if requested); 21 why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach ad32&.,sI information from the Design Professional andlor Contractor 4 rear bed. Prepared by: Dates' (Pr�Fast Pitara•�er PJama and Depanment; Acrepisrceofthis CharI.Or r5hailcon=trt>:amc.I:cn1rI eW0rb.o4rt�sla 3 t ve ;i'e t a j 3tmert, uly�'fth�_rrated rth�fa. Ty msor3rdnon >aort rsintt o trecltrorTord>r+r dary.tot�ContraishallconAlihitsafullandfin3lzetttomsni fany and all ciaini ofthe Cr tmclsr I '1eI!Cons Ut1anti Desr nProfessi:n3larisingout oforrelated tooeahangeset forth berein 3r iulingclaimsfor impact and delay costs, Accepted by: Date:, Ccntrartor!lren>�artC©rtscYant!DesignP'rofessional n3Na:meofFirm,'rfprojeciappiic3bla} Approved by: Date' (Design Professi<:^alanP f meof Firma ifi project appkable) Approved by: Date: Frorurement PrcI 25 Construction Services Agreement: Revised 072118 (v6) EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: m Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 26 Construction Services Agreement: Revised 072118 (v6) RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on By: n Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on By: OWNER Type Name and Title 20 20 27 Construction Services Agreement: Revised 072118 (v6) EXHIBIT G. FINAL PAYMENT CHECKLIST Bid No.: Project No.: Contractor: The following items have been secured by the for the Project known as PO No.: Date: and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days, Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase: 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) 28 Construction Services Agreement: Revised 072118 (v6) EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1_.3 ......Drawings are intended to show_general_arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 29 Construction Services Agreement: Revised 072118 (v6) 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part A its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investiaative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time, The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 30 Construction Services Agreement: Revised 072118 (v6) limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218,735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re -submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 31 Construction Services Agreement: Revised 072118 (v6) stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255,078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255,078 and as set forth in the Owner's procurement ordinance and policies. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 32 Construction Services Agreement: Revised 072118 (v6) 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 33 Construction Services Agreement: Revised 072118 (v6) 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval A materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the -design to the proposed substitute and -whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will 34 Construction Services Agreement: Revised 072118 (v6) record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditionswhich adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel; 8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); $.1.6 Description of 1Norkbeing .performed at the Project site.;.._ 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features 35 Construction Services Agreement: Revised 072118 (v6) (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT. Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112=5746 Telephone: (239) 252-8999 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required bythe pablrc agency to -perform -the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all 36 Construction Services Agreement: Revised 072118 (v6) work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any riaht or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders, The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work 37 Construction Services Agreement: Revised 072118 (v6) Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in Cl" increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 38 Construction Services Agreement: Revised 072118 (v6) }} 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or -- unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit 13-3 to the Agreement. 39 Construction Services Agreement: Revised 072118 (v6) Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit 13-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et se , and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuaiswho are eligible to work in the United States. - The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Contractors /Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the &Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's / Contractor's proposal may be deemed non- responsive. 40 Construction Services Agreement: Revised 072118 (v6) Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligty Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firms) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. Al Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 41 Construction Services Agreement: Revised 072118 (v6) 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 42 Construction Services Agreement: Revised 072118 (v6) 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 1902 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonabletime thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager 43 Construction Services Agreement: Revised 072118 (v6) shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 44 Construction Services Agreement: Revised 072118 (v6) 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Managerwith timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected., tested or approved is covered withoutwritten concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential 45 Construction Services Agreement: Revised 072118 (v6) costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such - determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall 46 Construction Services Agreement: Revised 072118 (v6) include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's -loss of adequate- project-- -- supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall 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 any one for whom Contractor is legally liable for 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 moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 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. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith 47 Construction Services Agreement: Revised 072118 (v8) 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Con#ractor shaA -be responsible for initiating, maintaining and --supervising all __safety_ precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavementsI roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 48 Construction Services Agreement: Revised 072118 (v6) All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. Ali electrical installations shall be labeled with appropriate NFPA 70E arch as boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; ions to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.E All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 49 Construction Services Agreement: Revised 072118 (v6) 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. Prior to the commencement of Work, the Contractor shall attend apre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design_ Standards_(DS), where applicable on state roadways. These projects shall also comply with .Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 3202 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). 50 Construction Services Agreement: Revised 072118 (v6) Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their reviewandapproval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. 51 Construction Services Agreement: Revised 072118 (v8) Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employeesofthe Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders. 52 Construction Services Agreement: Revised 072118 (v8) 33.6A Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1 A Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 3401011 Cost Proposal Request 3401012 Payment Request Records 34.1.13 Meeting Minutes 3401014 Cost -Estimates 3461015 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1021 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 3441.24 Operating & Maintenance Instruction 34.1025 Daily Progress Reports 3401.26 Monthly Progress Reports 3441627 Correspondence Files 34.1628 Transmittal Records 34.1029 Inspection Reports 3401030 Punch Lists 34.1631 PMIS Schedule and Updates 3401.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule 53 Construction Services Agreement: Revised 072118 (v6) �• ,t,Cr to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via a -mail (DL-FM OPS65Acolliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and 54 Construction Services Agreement: Revised 07211£i (v6) STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMDI prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 55 Construction Services Agreement: Revised 072118 (v6) EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 56 Construction Services Agreement: Revised 072118 (v6) EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide(Version4,- most -recent -update, Effective June 1, 2020) EXHIBIT I - 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records. (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Changes: To be eligible for FEMA assistance under the non -Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Administrative, Contractual, or Legal Remedies -- lover -$250,000).-- Unless _otherwise _ provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Termination: See Standard Purchase Order and/or Contract Terms and Conditions Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicableI all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. -Federal Water -Pollution Control Act (over-$1-50,000):__1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180,995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who appIy or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any EXHIBIT I - 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." Procurement of Recovered Materials (§200.322) (Over $10,000)a 1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. 2. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www,epa.gov/smm/comprehensive- procurement-guideline-cpg-program 3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. EXHIBIT I - 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In -the event of the contractor's noncompliance -with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontractor purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES STATE PROVISIONS Indemnification: a. The County shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or, relating to: i, personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by County, its agents, employees, partners, or subcontractors; provided, however, that County shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the County's breach of this Agreement or the negligent acts or omissions of County. b. The County 's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving County: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at County 's sole expense; and (3) assistance in defending the action at County 's sole expense. The County shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without County 's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Counties that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768,28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify County, insure or assume liability for County 's negligence, waive Department's sovereign immunity - under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. Statutory Notices Relating to Unauthorized Employment and Subcontracts: a. The Department shall consider the employment by any contractor/subcontractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If contractor/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The County shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287,134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287,017, F.S., for CATEGORY TWO for a period of36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, EXHIBIT I - 6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The County shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Applicable Laws: The contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the County. The contractor acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. Local Preference: Pursuant to Section 255.0991, F.S. local vendor preference is not applicable. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. Record Keeping: The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, the State, or its authorized representatives access to such records for audit purposes upon request. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Conflict of Interest: The County covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. This Contract/Work Order is subject to chapter 112, F.S. The vendor shall disclose the name of any officer, director, employee, or other agent who is also an employee of the State. County shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent (5%) interest in the Contractor's company or its affiliates. In order to comply with Florida Auditor General report 201 4-064 regarding conflicts of interest and to be consistent with Section 287, 057(17)(a)(I), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitor to the FDEP, County, permittee and engineering consultant. Data Collection: All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: htt_ps://floridadep gov/water/beaches-inlets-ports/documents/monitoring-overview-physical-monitoring EXHIBIT I - 7 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES PAGE LEFT INTENTIALLY BLANK EXHIBIT I - 8 E7�f-ilt31T ! FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certificatian This is an acknowledgement that FEtv3A financial assistance will be used to fund all ar a panian of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a cagy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by lava. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, 1 acknowledge, the grant reqi iirements identified in this document. Vendar/Contractor Name 9-3-2020 Date Authorized Signature Earth Tech F,ni�rprises, Inc. Christopher EhNik�1T - 9 �xi-ti�IT i FEDERAL CONTRACT PROVISIONS AND ASSURANCES VOLUNTARYand ! CaMractor Covered Transactions {1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency, (?) Where khe Sub -recipient's subaantrartar is unable to certify is the above statement, khe prospective contract shall attach an explanation to this form. CONTRACTOR I �' Earth Tech erprises, Inc. By. Signature Christopher Gcbrin President Name and Title_.-��_.._._..._. 6180 Federal Court Street Address Fort Myers, Florida 33905 City, State, Zip 171511137 DUNS Number 9-3-2020 Date Sub -Recipient Name: Collier County Baard of County Commissioners IatrM Contract Number: FEN'sA PraJect Number: ExHi�IT i - xa EXHi01T 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLIIER CC}UI�TY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT �s-ai be %inf#t! Ui:vw +s#'a statuses v x't rertvra vit ppivit to either pmfde a roltistc azattment oz pro^siet marce docuanentavon t"i :vtidates a A. PRIM£ V£#«iDt?RJCONT�At"EOR iNFCtRt�+IATIt3N PPME NAME PRIME FEZ FYU AUP COWRACT DOLLAR Farth Tech Enterprises, Inc 59-3679652 TBD STHf PA liC k lLOTib»{LFT,1<iEtR Dt5AD5`AtdrAGECJ. 'dETfRAt� Y' � �3 Tttf AtT3YiTi O:7itl� CO?cTPJi.f,: v`. tINOPM!f OA WO FEN WYNESs CNTEAPi^. 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OTHER; Y �ft� SDI CA, 4s THIS SU5tti5SVN A ArVISION? f Iz€ ;,T YES, t.Evv>s a €T3Etm _ PRIfsR£ HAS SUBC^IJTRACTtiR OR SUPPLIER VWHO IS A DISADVAm'I'AGED tAINCi1iITY, llittiii`JiEN-0WiUED, SMALL iNESS CONCERN OR SERVICE DISABLED VETERAN, PRIME iS TO COMPLETE THIS NEXT SECTION DEE M1W8F SUELCSt�2TRACTOk On SUPPOEA TYPE Ot WORK oR ET"NictrY CODE sue $1APPLEFR PERCEt'tT Oi CONTRACT k'E7 "N ttA f SPECIALTY Isce 6440vvi DOUAA AMODUT DOLLARS WBE Gulf Shore Trucking Hauler NMW 350,000 33% \VBE 1 Kate's Envrio Fencing � Silt Fence f NM`'4' 1 1,000 ( less than 1% T{sTAL;' 35I,000 � 34% PiAls?F Cis SUSMrtTFA DATE F arth Tech Enterprises, Inc. 9-3-2020 President Il EiAAIL ADDRESS O Pi:.MF (SUtiMtrfFA) ( TELEPHONE NUMBER I fAX tVUMEEA I cg�a7earthtechenterprfses.com � 239-774-1223 ttG'F Th t €nfa^rnbi�on is stied to trb{i, and report anticipated DEF of 1. =EE P9rti{ipbtian in fedr:rairy-?utxdad contracu Tice anzit�pried D.E t:r tdEE amount 14 va`ungr,' so"i{itatiDn d rrrsd iild 1Yi11 vrhen a;+arded not bEKafiB �}iT1 4# th4 Contractual a taunty tontra{'t, the prime tfXTY�S. 'ii'it3 t,yCt77 115'Utt tYE SL�-�filatei3 b4 tsnYB wili bt asked to updata �Ye sa#G+mazian #or the pf r�onse to a gra=�t camptiarce f'es _ 8tadeAzssericars 6A' _.... HiSpuni{ Ansari{bn HL -_— t8atF4a Affaefuan tdA .Subfcnt. ASian American SAA Asbn•Pac+ac64merican APA" tlon•rinorityYlotnan Nt.9V7 cthtr not of any other groap firtedl d tiAtAE ACCEPTED D. SECTION TO BE CE1IihPlET£D 13Y COLLIER CCIUNTY riMAra e+ EXHIBIT I - it r� EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LaBBYING CERTIFICATIOEU (To be submitted with each bid or offer exceeding $100,00O) The undersigned (Contras#arj certifies, to the best of his or her knowledge, #hat: 1, No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certifiLin tlon is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosureI if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 38g1 et seq., apply to this certification and disclosure, if any. Earth Tech Enterprises, Contractor (Firm Na Signature of Contra�tor'�Ail2kiorized Official Christopher Gehring -President Name and Ti#le of Contractor's Authorized Official v-a-zaza Date EXHIBIT 1-12 CAS