Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
#21-7861 (Villa-Fuerte Construction)
FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 21-7861 for Concrete: Sidewalks, Curbs & Gutters, and Related Items THIS AGREEMENT, made and entered into on this OA day of 1Y 20 21 , by and between Villa-Fuerte Construction, LLC authorized to do business in the State of Florida, whose business address is 31 Selvilla Ave, Arcadia, FL 34266 _, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing ❑I upon the date of Board approval; or Ti on and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order ❑Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Request for Proposal (RFP) ❑f■ Invitation to Bid (ITB) ❑ Other ( ) # 21-7861 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑U The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 2373 ❑ The procedure for obtaining Work under this Agreement is outlined in n Other Exhibit/Attachment: 3-4❑ The County reserves the right to specify in each Request for Quotations: the period Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑ Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks aro e County to the contractor; and, as a business practice there are no , which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general busincsc practice, these of hours worked and billing rate by position (and not company (or subcontractor) ❑■ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 202 1_Ver 1 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 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 the Agreement. 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. 4.3 The County, or any duly authorized agents or representatives of the County, 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 Payment Application, Change Order, or Work Directive Change. 4-5 ❑ expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile B reakfar t $6.00 ems# $44,09 Dinner $4.9790 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard size vehicles long distance charges, fax charges, photocopying charges and postage. Reimbursable responsible for all other costs and expenses associated with activities and solicitations 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.I 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Villa-Fuerte Construction, LLC Address: 31 Sevilla Ave. Arcadia, FL 34266 Authorized Agent: Jose VillaFuerte Attention Name & Title: Telephone: (863) 444-0143 E-Mail(s): Jose.Villafuerte.Albor@gmail.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Albert English Division Name: Road Maintenance Division Address: 2885 Horseshoe Drive S Naples, Florida 34104 Administrative Agent/PM: Melissa Pearson Telephone: (239) 252-5591 E-Mail(s): Melissa.Pearson@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑■ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ❑■ Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. ❑� Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each accident. Page 5of17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 n this insurance. Such insurance shall have limits of not less than $ each claim and aggregate. ❑cybor Liabilityj Coverage shall have minimum limits of$ per claim. ❑ : Coverage shall have minimum limits of$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify 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. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 13.1 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, County 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 County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ❑■ Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ P,F4a/ UI ITB/❑ Othcr #21-7861 , including Exhibits, Attachments and Addenda/Addendum, ❑ subseffuent quotes, and ❑■ Other Exhibit/Attachment: Public Payment and Performance Bonds 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated 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 Email: PublicRecordRequest(a�colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. ❑■ CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. 0 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.I Contractor further warrants to the County 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 final 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 the County. 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. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. El TESTS AND INSPECTIONS. 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 to the County 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 County. 27. ❑� PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County 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 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 modification of the Purchase Order by the County, and the County shall not be liable Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. 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 County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. 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. 34. ❑■ KEY PERSONNEL. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. ❑ , for this Agreement shall be knowledgeable in their areas of expertise. The County Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 required cervices. 35. • ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ❑ ORDER OF PRECEDENCE-(Grant Funde d) In the ever} of any ' nfliet between e , of the Agreement shall take precedence over the terms of precedence over the Agreement. To the extent any conflict in the terms of the Contract 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County'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 the County. 37. 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 e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 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. 38. 0■ SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD • C•UNTY COMMISSIONERS Crysta1 ,zel, Clerk of Court & COLLIE' 49 TY, FLORI /7 _ .,,�,__r ,� _ By. PENNY TA OR , Chair -11: 40st as to Chairman's tr mature only. Villa-Fuerte Construction LLC • Contractor's Witnesses: Contractor DBA n/ —} By: 1 1' -At) l,�G- J4 Contract r s First Witness �dgnature '101Cl111'Ce,, C. (- —7 TType/print signature and'titleT TType/print witness nameT .a1 J t tractor's Second Wit Judy Yesuc V1 I )a-Cue -C, TType/print witness nameT Appr ed as or and Legality: o y Attorney Print ame Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.I Exhibit A Scope of Services ❑■ following this page (pages 1 through 13 ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 1 �. ITB#21-7861 "Concrete: Sidewalks, Curbs & Gutters, and Related Items EXHIBIT A— SCOPE OF SERVICES The Agreement is for the maintenance of sidewalks, drainage culverts, storm drain systems, curb inlets, and curbs and gutters throughout Collier County. This Agreement is awarded on a Primary/Secondary basis with Pavement Maintenance, LLC being the Primary Contractor and Villa-Fuerte Construction LLC as Secondary Contractor. The terms"County"and "Division"may be used interchangeably throughout this Agreement. SCOPE OF WORK LICENSES/CERTIFICATIONS/DOCUMENTS Contractor shall maintain the following licenses and certifications throughout the terms of the contract and renewal period(s): 1. Concrete Placing& Finishing Contractor OR State of Florida General Contractor. 2. A valid Maintenance of Traffic(MOT) or Temporary Traffic Control, Intermediate Level Certification. 1. SCOPE OF SERVICES Contractors to perform countywide concrete work and related services "as needed." If the Primary Contractor declines or fails to perform the work, the contract may be subject to termination by the Board. The majority of work is time sensitive,and to ensure continuity of services,the Division shall have full authority to utilize the Secondary Contractor. This process shall apply for notice of default, notice of suspension,or notice to terminate. 1.1. Concrete repair and replacement work consisting of, but not limited to, concrete sidewalks, sidewalk curb ramps, curb and gutter, driveways, ADA (sidewalks, ramps, mats, curbs), concrete pads including bus shelters, and other related services for full project completion. If the Primary Contractor declines a work request,then the Secondary Contractor shall be offered the work. 1.2. Quarterly Sidewalk Inspection Program: The Division has a Quarterly Sidewalk Inspection Program encompassing four (4) areas throughout the County (listed below). The Primary Contractor shall be dedicated and solely responsible for providing services for sidewalk deficiency repairs and replacements. The program requires the Division to inspect a minimum of twenty-five(25%)percent of sidewalks quarterly(or other establish percentages) assigned by "area covered" to ensure one hundred (100%) percent of all areas are inspected annually. This work requires quick mobilization to complete the work within the specified timeframe. The Primary Contractor shall have adequate employees and equipment to perform services. 1.2.1.Area One(1): East-west line on Golden Gate Parkway from Gulf to I-75. 1.2.2.Area Two (2): North of Golden Gate Parkway and west of CR951 to the Collier-Lee County lines. 1.2.3.Area Three (3): Golden Gate Estates between Oil Well Road and 1-75, to the west of Santa Barbara Blvd between Vanderbilt Beach Road and 1-75, including Golden Gate City. 1.2.4.Area Four (4): Lee and Hendry County lines in northeastern Collier County, south through City of Immokalee to Chokoloskee Island, then east to the Dade County line, and Golden Gate Estates from Oil Well Road to the north. Page 1 of 13 Exhibit A—Scope of Services 2. SPECIFICATIONS These specifications are intended to provide information, so Contractors understand the County's requirements related to the Florida Department of Transportation(FDOT)Standard Specifications for Road and Bridge Construction,current edition, link below. https://fdotwww.blob.core.windows.net/sitefinity/docs/default- source/programmanagement/implemented/specbooks/january2021/1-21 ebook.pdf?sfvrsn=l c62cb58_2. Other County Divisions may not require FDOT specifications. 2.1. Materials 2.1.1. Road Maintenance Division sidewalk installations require Portland Cement 3000 PSI concrete per FDOT Division II specifications unless otherwise specified in County work requests. 2.1.2. Concrete deliveries shall be freshly mixed, in an unhardened state, to the worksite. The Contractor shall ensure the concrete is placed and cured so that the concrete's strength and durability are maintained. 2.1.3. FDOT Specifications: Flowable Fill Section 121 Water Section 923 Portland Cement Concrete Section 346 Chemical Admixtures Section 924 Grinding Concrete Pavement Section 352 Curing Materials Section 925 Coarse Aggregate Section 901 Pozzolans and Slag Section 929 Fine Aggregate Section 902 Embedded Items Section 931 Limerock-Base/Stabilized Base...Section 911 Joint Seal Section 932 Portland Cement Section 921 2.2. Sidewalks The Contractor shall follow FDOT, Road and Bridge Standards and Specifications, Section 522 for Concrete Sidewalk, if applicable. Include all costs in the line items. 2.2.1. All Road Maintenance Division sidewalk slabs shall have six (6") inches in depth when abutting public roadways. 2.2.2. No fiber shall be used in sidewalks unless requested. 2.2.3. Forms are per FDOT, Section 520-3. 2.2.4. Excavation: excavate the required depth and compact the foundation material upon which these items are to be placed as specified in FDOT, section 120-9. 2.2.4.1. The Contractor is responsible for removing all roots, vegetation, unauthorized irrigation pipes,and other obstructions located in the footprint of where the work occurs, at no additional cost to the County. 2.2.4.2. Upon discovering active irrigation piping that is not authorized in the footprint,the Contractor will be responsible for capping off piping that may cause washouts or other damage to the location at no additional cost to the County. 2.2.5. Foundation: compact fill areas, including cut areas under the sidewalks, excavated more than six (6") inches below the bottom of the sidewalk, to a minimum of 95% of AASHTO T99 density. The area to be Page 2 of 13 Exhibit A—Scope of Services compacted is defined as that area directly under the sidewalk and one (1') foot beyond each side of the sidewalk when right-of-way allows. 2.2.5.1. The Contractor is responsible for any limerock base/fill material required under the sidewalk to be removed and/or added to keep consistent or level with the existing sidewalk elevation(s), at no additional cost to the County. 2.2.6. Joints: Contractor shall use the FDOT Standard Specifications for Road and Bridge Construction,the most current edition, including all updates for the section that applies to the work being performed. 2.2.6.1. Contraction Joints: The Contractor may use open type or sawed contraction joints. 2.2.6.2. Expansion Joints: Form one-half(1/2") inch expansion joints between the sidewalk and the curb or driveway or at fixed objects and sidewalk intersections with a preformed joint filler meeting the requirements specified in section 932-1.1. 2.2.6.3. Open-Type Joints: Form open type contraction joints by staking a metal bulkhead in place and depositing the concrete on both sides. After the concrete has set sufficiently to preserve the joint's width and shape, remove the bulkhead. After finishing the sidewalk over the joint, edge the slot with a tool having one-half(1/2") inch radius. 2.2.6.4. Sawed Joints: If choosing to saw the contraction joints, cut a slot approximately 3/16 inches wide and not less than 1 1/2 inches deep with a concrete saw after the concrete has set, and within the following periods: 2.2.6.4.1. 3/16-inch Saw cut joints, 11/2 inch deep at not more than thirty(30')feet intervals within (twelve (12)hours) after finishing. 2.2.6.4.2. 3/16-inch Saw cut joints, 1%2 inch deep within (96 hours) after finishing, maximum five (5') foot centers. 2.2.6.4.3. Placing Concrete: place the concrete as specified in FDOT, section 520-5 approved by the Project Manager. 2.2.7. Finishing(Screeding):strike-off the concrete using a wood or metal screed,used perpendicular to the forms, to obtain the required grade and remove surplus water and laitance. 2.2.8. Surface Requirements: concrete must have a broom finish; unless otherwise directed by the Division. The Contractor must ensure that the surface variations are not more than one-quarter(1/4")inch under a ten(10') foot straightedge or more than one-eight(1/8") inch on a five (5') foot transverse section. Finish the edge of the sidewalk with an edging tool having a radius of one -half(1/2") inch. Apply a tine finish by an approved hand method to curb cut ramps in lieu of a broom finish. The tine finish consists of transverse grooves that are zero point zero three(0.03)to zero point twelve(0.12") inches in width and zero point one zero(0.10)to zero point fifteen(0.15") inches in depth, spaced at approximately one-half(1/2") inch center to center. 2.2.9. Curing: cure the concrete as specified in FDOT, section 520-8 or approved by the Project Manager. 2.2.10. Admixture Requirements: chemical admixtures may be added at the dosage rates recommended by the manufacturer. 2.2.11. Material Substitutions: approved material sources may be substituted for similar materials indicated on the originally approved mix design. Only use originally approved mix components and proportions if unsatisfactory test results are obtained from using the substituted material(s). Page 3 of 13 Exhibit A—Scope of Services 2.2.12. Finishing-Repair Minor Defects:remove the forms within twenty-four(24)hours after placing the concrete, and then fill minor defects with mortar composed of one (1) part Portland cement and two (2) parts fine aggregate. No plastering is allowed on the face of the curb. Remove and replace any rejected curb, curb, and gutter, or valley gutter without additional compensation. 2.3. Production,Mixing,and Delivery 2.3.1. Concrete Production Requirements: Deliver concrete from a production facility that is certified by the National Ready-Mixed Concrete Association (NRMCA). 2.3.1.1. Produce concrete utilizing equipment that is in good operating condition and operated to ensure a consistent product. 2.3.1.2. Within two (2) hours prior to each day's batching, ensure that the concrete production facility determines the free moisture for the coarse and fine aggregates. 2.3.1.3. On concrete placements expected to exceed three (3) hours, perform an additional moisture test approximately halfway through the batching operations, and adjust batch Proportions accordingly. 2.3.1.4. Ensure that the calibration of the measuring devices of the concrete production facilities meets the requirements of Chapter 531 of the Florida Statutes. 2.3.1.5. At least quarterly, ensure all scales, meters, and other weighing or measuring devices are checked for accuracy by a qualified representative of a scale company registered with the Bureau of Weights and Measures of the Florida Department of Agriculture.Have the accuracy of admixture measuring dispensers certified annually by the admixture supplier. 2.4. Mixers: must be capable of combining the components of concrete into a thoroughly mixed, uniform mass, free of cementitious lumps, and capable of discharging the concrete uniformly. Operate concrete mixers at speeds per the manufacturer's design. Do not exceed the manufacturer's rated capacity for mixed concrete volume in the mixer, mixing drum,or container. 2.5. Delivery: do not exceed one hundred twenty (120)minutes of elapsed time between the initial addition of water to the mix and depositing the concrete at the point of final placement, subject to the ability to place and consolidate the concrete in accordance with specification requirements. Adjust mix consistency at the site of placement only before any concrete from the load is placed. Do not adjust, which will cause the allowable slump or maximum specified water cementitious ratio to be exceeded. 2.6. Quality Control 2.6.1. Concrete Mix Design: Before producing any concrete,submit the proposed mix design to the Division. Use only concrete mix designs meeting the following requirements with prior approval from the Division. Maximum water to cementitious materials ratio 0.55 lbs./lbs. [0.55 kg/kg] Minimum 28-Day Compressive Strength 2,500 psi [17 MPa] Minimum Cementitious Materials Content 470 lbs./yd3 [280 kg/m3] Slump 0 to 6 inches [0 to 150 mm] 2.6.2. FDOT, Section 347, Portland Cement Concrete, Class NS: Materials may be adjusted provided that the theoretical yield requirement of the approved Mix design is met. 2.6.2.1. Show all required original approved design mix data and batch adjustments and substituted material on the concrete delivery ticket. Page 4 of 13 Exhibit A—Scope of Services 2.6.2.2. The County may disqualify any concrete production facility for non-compliance with specification requirements. Comply with FDOT concrete mix design requirements, sampling and testing, quality control, and as herein specified. 2.6.2.3. Design the mix to produce standard weight concrete consisting of Portland cement,aggregate,air- entraining admixture, and water to produce the following properties. 2.6.2.3.1. Compressive Strength: 2,500 psi for concrete encasements and cradles. 2.6.2.3.2. Compressive Strength: 3,000 psi for sidewalks. 2.6.2.3.3. Compressive Strength: 4,000 psi for driveways, curbs, and gutters. 2.6.2.3.4. Air Content: three to six percent(3-6%). 2.6.2.3.5. Concrete placement slump shall not exceed plus or minus one (1") inch from the approved design slump. 2.6.3. Sampling and Testing: Division may request written certification from a qualified testing laboratory or other acceptable sources to verify materials are compliant with the specifications, at no cost to the County. 2.6.4. Certification and Acceptance: submit a delivery ticket to the Division with each concrete batch before unloading at the placement site. The concrete producer receipt must contain the following required information. 2.6.4.1. Record material quantities incorporated into the mix on the delivery ticket. 2.6.4.2. Batcher is responsible for producing the concrete, and they must certify that the batch was produced according to specification requirements, and they must sign the delivery ticket. 2.6.4.3. Batcher's signature on the delivery ticket certifies that the maximum specified water to cementitious materials ratio was not exceeded due to any jobsite adjustments to the batch. The batch was delivered and placed in accordance with specification requirements. 2.6.4.4. The Division's Concrete acceptance will be by Certification on the delivery ticket, as described herein, by the Batcher and the Contractor. 2.6.4.5. The Division will hold the Contractor responsible for rejecting concrete loads that do not meet specifications or exceed the allowable slump or water to cementitious materials ratio. The Contractor shall replace all concrete that does not meet the twenty-eight (28) day compressive strength requirement, at no cost to the County. 2.6.4.6. At the sole discretion of the Division,they may accept concrete at a reduced pay when determined that the concrete may serve its intended use. 2.7. Concrete Gutter, Curb Elements The Contractor shall be responsible for removing all roots, vegetation, unauthorized piping, and other structures and items located in the footprint of where the work is to occur, at no additional cost to the Division. Include all costs in the unit price to perform the work. 2.7.1. During work and upon discovering active piping in the footprint, the contractor will be responsible for capping off piping that may cause washouts or other damage to the location, at no additional cost to the County. 2.7.2. Concrete: use concrete meeting the requirements of FDOT for concrete cutter and curb elements. 2.7.3. Reinforcement: steel reinforcement that may be required must meet the requirements of FDOT, section 415. Page 5 of 13 Exhibit A—Scope of Services 2.7.4. Joint Materials: must meet the requirements of FDOT, section 932. 2.7.5. Form Materials: construct forms for this work of either wood or metal. Provide forms that are straight, free from warp or bends, and of enough strength, when staked, to resist the concrete's pressure without deviation from line and grade. Use flexible forms for items constructed on a radius. 2.7.6. Depth of Forms: must have a depth equal to the plan dimensions for the depth of concrete being deposited against them. 2.7.7. Machine Placement: contractor may place these items by machine methods with the approval of the Division provided that the Contractor consistently produces an acceptable finished product, true to line, grade, and cross-section. 2.7.8. Excavation: excavate the required depth and compact the foundation material upon which these items are to be placed as specified in FDOT, section 120-9. The following items shall be included in the unit price at no additional costs to the Division: 2.7.8.1. Removal of roots, unauthorized piping, or other structures or items that have intentionally/unintentionally been placed in the work's footprint to be completed must be removed. 2.7.8.2. Limerock base/fill material may be required to be removed and/or added to keep consistent with the existing elevation(s). 2.7.9. Placing Concrete: place the concrete in the form and tamp and spade it to prevent honeycombing until the top of the structure can be floated smooth and the edges rounded to the radius shown. 2.7.10. Contraction Joints: except for machine placed items, the Contractor may form joints by using dummy joints(either formed or sawed) or using sheet metal templates. 2.7.11. If using sheet metal templates, ensure that they are of the dimensions and set to the lines shown. Hold templates firmly while placing the concrete. Leave templates in place until the concrete has hardened sufficiently to hold its shape but remove them while the forms are still in place. 2.7.12. Saw contraction joints for machine placed items, unless the Division approves an alternate method. Saw the joints as soon as the concrete has hardened to the degree that excessive raveling will not occur before uncontrolled shrinkage cracking begins. Space contraction joints at intervals of ten (10') feet except where closure requires a lesser interval, but do not allow any section to be less than four(4') feet long. 2.8. Expansion Joints Construct expansion joints at all inlets, at all radius points, and other locations indicated on plans or by the Project Manager or designee. Locate them at intervals of five hundred (500') feet between other expansion joints or ends of a run. Ensure that the joint is one-half('h") inch in width. 2.9. Finishing—Repair of Minor Defects Remove the forms within twenty-four(24)hours after placing the concrete, and then fill minor defects with mortar composed of one(1)part Portland cement and two(2)parts fine aggregate. The Division will not allow plastering on the face of the curb. Remove and replace any rejected curb, curb, and gutter, or valley gutter at no additional cost to the Division. Page 6 of 13 Exhibit A—Scope of Services 2.9.1. Final finish: Finish all exposed surfaces while the concrete is still green. The Division requires a brushed finish. For any surface areas, which are too rough or other surface defects, make additional finishing necessary. The Division may need the Contractor to rub the curb to a smooth surface with a soft brick or woodblock, using water liberally. If necessary,the Division may require the Contractor to rub further for a suitable surface, using thin grout or mortar. 2.9.2. Surface Requirements: Test the gutter section of curb and gutter with ten (10') feet straightedge laid parallel to the roadway's centerline and while the concrete is still plastic. Perform straight edging along the gutter's edge adjacent to the pavement or other lines on the gutter cross-section, directed by the Division. Immediately correct irregularities above quarter(1/4") inch. 2.9.3. Full Restoration: Full restoration is defined as bringing a disturbed area back to original or improved conditions. The Contractor will restore disturbed sites due to the Contractor staging area at no additional cost to the Division. 2.9.4. Curing-General: Continuously cure the concrete for at least seventy-two (72) hours. Commence curing after finishing and as soon as the concrete has hardened sufficiently to permit the curing material's application without marring the surface. Immediately replace any curing material removed or damaged during the seventy-two (72) hour period. After removing the forms, cure the surfaces exposed by placing a berm of moist earth against them or any of the methods described below for the remainder of the seventy- two(72) hour curing period. 2.9.5. Wet Burlap Method: Place burlap, as specified in FDOT, section 925-1, over the entire exposed surface of the concrete, with enough extension beyond each side to ensure complete coverage. Overlap adjacent strips a minimum of six(6") inches. Hold the burlap securely in place so it will be in continuous contact with the concrete at all times, and do not allow any earth between the burlap surfaces at laps or between the burlap and the concrete. Saturate the burlap with water before placing it, and keep it thoroughly wet throughout the curing period. 2.9.6. Membrane Curing Compound Method: Apply clear membrane curing compound or white pigmented curing compound, as specified in FDOT, section 925-2 by a hand sprayer meeting the requirements of FDOT, section 350-3.10, in a single coat continuous film at a uniform coverage of at least two hundred (200) square feet per gallon. Immediately recoat any cracks, checks, or other defects appearing in the coating. Thoroughly agitate the curing compound in the drum prior to application, and during application as necessary to prevent the pigment settlement. 2.9.7. Polyethylene Sheeting Method: Place polyethylene sheeting, as specified in FDOT, section 925-3, over the entire exposed surface of the concrete, with enough extension beyond each side to ensure complete coverage. Overlap adjacent strips a minimum of six(6") inches. Sheeting shall always be held securely in place and continuous contact with the concrete. 2.9.8. Backfilling and Compaction: After the concrete has set sufficiently, not to exceed more than three (3) days after pouring, refill the spaces in front and back of the curb to the required elevation with suitable material. The Contractor is responsible for any limerock base/fill material that may be required to be removed and/or added to keep consistent with the existing elevation. Place and thoroughly compact the material in layers no thicker than six(6") inches. There will be no additional cost to the County. 2.9.9. Quality & Final Cleaning Up of Right-of-Way: Division will inspect completed areas for quality and acceptance upon completing the work. Prior to the Division accepting the work and approving the invoice for payment, the Contractor shall remove from the right-of-way and adjacent property all work debris, equipment, discarded materials, rubbish, and temporary structures. 2.9.9.1. Restore work area(s)public and private property that may have been damaged during the project to an acceptable manner approved by the Division. Page7of13 Exhibit A—Scope of Services 2.9.9.2. Waterways shall be unobstructed, and the roadway left in a neat and presentable condition throughout the work's entire length under Contract. 2.9.9.3. Do not dispose of materials of any character,rubbish or equipment,on an abutting property, with or without the property owners' consent. 2.9.9.4. Areas determined to be unsatisfactory by the Division shall be removed and replaced at no additional cost to the County. Repairs shall be completed prior to submission of the Contractor invoice for work completed during the cycle. The Division would make the final determination if work were completed satisfactorily. 3. WORK COORDINATION/SERVICE COMMENCEMENT The Contractor shall have crews ready to perform the work. No work shall occur until the issuance of a purchase order and the Project Manager authorizing work to start. 3.1. During work under this contract, the Contractor shall be responsible for keeping the Project Manager informed of the proposed work schedule, informing the Division of any schedule changes immediately, and then following up in an email within twenty-four(24) hours. 3.2. The Contractor may be required to coordinate work schedules with other County Contractors and keep work progressing without causing delays. 4. BONDS Except for the Road Maintenance Division, Quarterly Sidewalk Inspection Program,any project valued at two hundred thousand ($200,000)or greater requires public performance and payment bonds in the full amount of the project costs. 4.1. The Contractor shall provide the Division with certified public payment and performance bonds in the project cost amount(see Other Exhibit/Attachments of the Agreement). 4.2. The Contractor shall file the bonds with the Clerk of Courts,Records&Minutes Department(Clerk),before service commencement. 4.3. Include the following information on bonds:a. Project Costs;b.Contract Number;c. Project Title;d. Departmental Internal Work Order Number(if applicable); and e. Purchase Order Number. 4.4. Following filing the bonds with the Clerk, the Contractor shall email copies of the bonds to the Project Manager showing evidence of recorded bonds. 4.5. The Contractor is required to submit paid receipts of actual costs for reimbursement. 5. EQUIPMENT Contractors shall own or lease equipment in good working condition to perform services as requested in the solicitation. 6. WORK MODIFICATIONS The Project Manager reserves the right to modify the work before work starts or during work progress. These modifications may be required to complete the task. The Contractor agrees to perform work revisions. 7. AUTHORITY The Project Manager may appoint designees allowing them authorization to issue, revise, and inspect work. Page 8 of 13 Exhibit A—Scope of Services 7.1. Designees are not authorized to revoke, alter, or waive any requirement in the specifications. 7.2. Designee has the authority to advise the Contractor of any work or materials that do not comply with the contract documents, reject materials, and suspend work. 8. TRAFFIC INTERFERENCE The Contractor shall conduct work to ensure the least interference with traffic. Operate vehicles and equipment safely and with minimal interruption to the traveling public. Park all private vehicles outside the clear zone. Place stored materials along the roadway to limit obstruction to the traveling public. 9. CONTRACTOR SUPERVISOR The Contractor shall have a supervisor at the worksite. The work shall be given the constant attention necessary to ensure the schedule is on-time and work progresses continually. The supervisor must speak and understand English, communicate effectively and understand the contract documents, be experienced in concrete work, and have full authority to receive instruction from the Division. 10. FEE SCHEDULE UNIT PRICES The prices identified in Exhibit B of this Agreement are all-inclusive to include costs for skilled labor,equipment,tools, supplies, materials, transportation, supervision, Maintenance of Traffic (MOT) and equipment, excavation, hauling/dumping/disposal fees, tree root removal, and labor hours plus materials to return the area to full restoration. 10.1. Unit price invoicing shall be based on the overall totals of line items for each project or work order. Invoice example: sidewalk repairs for multiple locations will be totaled, and the overall total quantity shall be used to determine the invoice unit price. 11. MATERIAL MARKUP PERCENTAGE This section applies to other materials that are not included in the unit prices. Reimbursement requires the Contractor to submit the receipts showing the cost of goods to verify the markup percentage. Failure to provide backup receipts showing the costs of goods may result in invoice rejection. The markup is ten (10%) percent,there is no markup on tax or freight. 12. WARRANTY/GUARANTEE Restored areas on private property within the public right-of-way shall be guaranteed for one (1) year. In the event of a settlement of paved areas more than one-quarter(1/4") inch below the undisturbed adjacent permanent pavement, the Contractor shall make the necessary repairs to restore the pavement level within ten(10)calendar days after notification by the Division. The Contractor is responsible for repair costs. 13. MEASUREMENT/PAYMENT Division will measure completed work in accordance with the United States Standard Measures [International System of Units(SI) Measures]. 13.1. Sidewalk square yards are bid at the unit price for six (6") inches of thickness; for thickness other than six (6") inches, a multiplier will be used to calculate the square yards. 13.2. Sidewalks shall have a depth of six(6") inches unless otherwise specified in the quote. 13.3. Measurement Payment Examples 13.3.1. Four (4") inch thickness would use a zero-point sixty-seven (0.67) multiplier, which one (1) square yard Page 9 of 13 Exhibit A—Scope of Services four (4") inches thick would be equivalent to zero-point sixty-seven (0.67) square yards for payment purposes. 13.3.2. Eight (8") inch thickness would use a one-point thirty-three (1.33) multiplier so that one (1) square yard eight (8") inches thick would be equivalent to a one-point thirty-three (1.33) square yards for payment purposes. 13.3.3. Twelve(12")inch thickness would use a two-point zero(2.0)multiplier so that one(1)square yard twelve (12") inches thick would be equivalent to two-point zero (2.0)square yards for payment purposes. 13.3.4. All other line items shall be measured using the unit of measure on the bid schedule. 14. FINAL INSPECTION 14.1. Upon notice from the Contractor that work is completed in accordance with the specifications, the Project Manager or designee shall make a final inspection of the work. The Contractor will be notified when the finished work fails to comply with the specifications. 14.2. The Contractor shall immediately cure the deficient work, ensuring it complies with the specifications. 14.3. Upon completion of the repair work, the Contractor shall notify the Project Manager or designee when ready for re-inspection. The Project Manager or designee shall make a final inspection of the work and inform the Contractor of any necessary repair work that is not completed. 14.4. The Contractor shall immediately complete all incomplete work and arrange for another re-inspection. 15. PROPERTY DAMAGES The Contractor shall take every precaution to avoid damaging property. Damages to property such as, but not limited to turf, curbs, sidewalks, pavement or structures, mailboxes, etc., the Contractor shall complete the required repairs to the satisfaction of the Project Manager, at no additional cost to the County. Repairs shall be completed prior to submission of the Contractor's invoice. 16. WORK HOURS Work requests may be in the daytime hours from 7:00 a.m. to 5:00 p.m. or evening hours from 7:00 p.m. to 6:00 a.m., and on weekdays or weekends. There is no additional compensation for working on weekends or evening hours. 17. MAINTENANCE OF TRAFFIC(MOT) The Contractor is responsible for the Maintenance of Traffic(MOT) with the right equipment and proper placement of lane closed signs,pre-warning signs,arrow boards,traffic cones,etc.The Contractor,or its subcontractor,is responsible for maintaining MOT to perform services in the right-of-way and roadways. The Contractor shall have MOT devices and equipment adequate for traffic control, and depending on the roadway, it may include signage, arrow boards, message boards, warning devices, barriers,and flagmen. 17.1. MOT is a requirement for the safety and protection of the Contractor's employees and motorists during services' performance. It is the Contractor's sole responsibility for safety in the work zone. 17.2. MOT shall conform to the latest edition of the FDOT, Design Standards,600 series,and The Manual on Uniform Traffic Control Devices(MUTCD). 17.3. The Contractor is authorized to subcontract MOT. It is required that either the Contractor or subcontractor have current FDOT approved MOT or Temporary Traffic Control,Intermediate Level,Certification per FDOT, Design Standards, 600 series indexes. Page 10 of 13 Exhibit A—Scope of Services 17.4. The Contractor's employee or Contractor's subcontractor is responsible for the MOT plan and equipment setup. The certified shall have current FDOT approved certification in their name. They must be readily available within twenty(20)minutes of the initial contact by County staff to address work zone safety issues. 17.5. MOT setup that does not comply with FDOT standards, the contractor will need to cease operations until MOT is correct per the 600 series design standard. 18. LANE CLOSURES There are no lane closures permitted between the hours of 7:00 a.m. through 9:00 a.m. and 3:30 p.m. through 6:30 p.m. on weekdays. The Contractor may request authorization from the Division to work within the non-lane closure hours. 18.1. Road Alert(Mandatory Requirement): Notify Growth Management Department, Customer Service Specialist, or designee on Wednesday before lane closure(s)by submitting the Road Alert Notification form(Exhibit C)so that staff can update the Road Alert message board. Link to form: https://www.colliercountyfl.gov/home/showpublisheddocument?id=53901 19. PERSONNEL& EQUIPMENT The Contractor shall have adequate personnel and crews to perform the contract. The crews shall be trained, communicate effectively with County staff, and safely operate equipment and vehicles. 20. WORK ZONE SAFETY The Contractor shall use caution while working in or around County-owned or operated facilities, right-of-way, sides of right-of-way, and roadway medians. When working within a right-of-way (i.e., roads, sidewalks, bike paths, etc.) Follow applicable FDOT and/or MUTCD requirements, such as but are not limited to: 20.1. ANSI/ISEA Class 2 or 3 Vests, T-shirts, or similarly labeled garments depending on the time of day. 20.2. Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and Stop/Slow Paddles, where necessary, required by law or the BCC. 20.3. An applicable work zone(Maintenance of traffic) plan based on FDOT and/or MUTCD designs on site. 20.4. The Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public. 21. UTILITIES Contractor shall be responsible for exercising precautions while working near utilities. Before digging,Contractors must call Sunshine 811 at 811 or 800-432-4770, Monday — Friday from 7:00 a.m. — 5:00 p.m. Sunshine 811 needs two (2) full business days'notice. Any damage to utilities is the Contractor's sole responsibility and at no cost to the County. 22. CLEAN UP/DISPOSAL The Contractor shall remove and dispose of material, debris, and trash within the work zone each day. If the area is not cleaned, the Contractor may be required to return to the worksite to clean up, remove, and dispose of the debris at an authorized disposal site. 23. WORK SCHEDULE The Contractor shall provide a work schedule before starting services to the Project Manager or designee for on-site inspections. Failure to submit work schedule(s) may result in invoice rejection and services not paid. Page l l of 13 Exhibit A—Scope of Services 24. WORK DELAYS Contractor shall notify the Division immediately of any delays via phone call. They must follow up with an email the next business day with a written summary of the delay. It shall be the Contractor's responsibility to request a time extension. 25. PERFORMANCE STANDARDS The Contractor shall perform to the standards in this solicitation and subsequent contract documents. The Contractor agrees to warrant their work and professionally perform services. If Contractor fails to perform in accordance with the Scope of Work/Specifications, including subsequent Contract Documents, the Division has the sole discretion to deem such failure as sufficient cause for default, which may result in Contract termination. 25.1. Failure to Perform The Contractor refuses to begin work, improperly performs work,unnecessarily delays work,neglects or refuses to correct work that was rejected or is defective. The Project Manager or designee may notify the Contractor to repair and replace work immediately. If the Contractor refuses to correct the work,the Division may request that all work discontinues under this Contract. 25.2. Deduction for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non- performance. 26. KEY PERSONNEL The Contractor shall provide the Division with key personnel and assign a Project Manager, Supervisor, and Crew Leader. 26.1. Contact information must be provided to the Division before the agreement kick-off meeting. Include emails and contact phone numbers for business, direct lines, and cell phones. 26.2. Contact employees must be English speaking and effectively communicate with Division staff. 26.3. If Key personnel is absent, the Contractor shall notify the Project Manager or designee with substitution personnel and provide their names and contact information via email. 26.4. The Division reserves the right to remove key personnel from the contract that fails to communicate with staff effectively. 27. MEETINGS Either party may request meetings throughout the contract term, and it may require mandatory attendance. There are no additional costs to the County for these meetings. 28. PRICE INCREASES The Contractor may request a price increase annually (Three hundred sixty-five (365) calendar days from agreement commencement month/day). Retroactive price adjustments are not authorized. Page 12 of 13 Exhibit A—Scope of Services • 28.1. Submit price increase requests in writing via email to the Division Contract Administrator thirty(30)days before the annual adjustment period for consideration. Price increase requests review may take over thirty(30)days to complete. 28.2. The Contractor shall provide supporting documentation justifying price increases (examples: supplier material agreements, proof of fuel increases, etc.). 28.3. The Contract Administrator shall conduct a price analysis to determine price increases are fair and reasonable. One of the following methods may be price competition (reviewing other competitive bids or offers), market prices, historical prices, prior competitions, or independent estimates. 28.4. During the review process,the Contractor shall continue to fill all purchase orders received at the current contract prices. 28.5. The Procurement Director has the authority to approve price adjustments that are fifteen(15%)percent or below. Price increases exceeding fifteen (15%) percent will require approval by the Board of County Commissioners. 28.6. Price increase requests are not guaranteed. If approved, the Procurement Director or designee will notify the Contractor in writing with the effective date of any approved price increases. 29. COMPENSATION Invoice submission for payment approval must be accurate and complete with details of services performed or commodities purchased. 29.1. Invoice submission for payment approval must be accurate and complete with details of services performed or materials purchased. 29.2. County staff shall authorize payment approvals for work completion that is satisfactory by the Division. 29.3. Invoice rejection will occur for non-completed work, deficient work, incomplete invoicing, or failure to submit backup documentation requested by the Division. 29.4. Invoice must include, at a minimum: Division name, contract number, purchase order number, work order number(if applicable), line item numbers, and details in the invoice body. Page 13 of 13 Exhibit A—Scope of Services Exhibit B Fee Schedule following this page (pages through 5 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 Exhibit B FEE SCHEDULE ITB#21-7821 CONCRETE: Villa-Fuerte SIDEWALKS,CURBS&GUTTERS,AND RELATED ITEMS Construction LLC SECTION A.SERVICES Americans with Disabilities Act(ADA)(Unit Prices all inclusive to complete the work) Line Item - Description Unit of Measure Quantity 1 ADA Sidewalk Ramps,New Installation Square Yard I-50 $ 160.00 2 ADA Sidewalk Ramps,New Installation Square Yard 51-100 $ 120.00 3 ADA Sidewalk Ramps,New Installation Square Yard 101+ $ 100.00 4 ADA Sidewalk Ramps,Removal&Disposal of Existing Square Yard 1-50 $ 90.00 5 ADA Sidewalk Ramps,Removal&Disposal of Existing Square Yard 51-100 $ 60.00 6 ADA Sidewalk Ramps,Removal&Disposal of Existing Square Yard 101+ $ 50.00 7 ADA Sidewalk Ramps,Install/Replacement Square Yard I-50 $ 160.00 8 ADA Sidewalk Ramps,Install/Replacement Square Yard 51-100 $ 120.00 9 ADA Sidewalk Ramps,Install/Replacement Square Yard 101+ $ 100.00 10 ADA Detectable Warning Mat,Install/Replacement Square Foot 1-50 $ 40.00 II ADA Detectable Warning Mat,Install/Replacement Square Foot 51-100 $ 25.00 12 ADA Detectable Warning Mat,Install/Replacement Square Foot 101+ $ 20.00 Concrete Sidewalk(Unit Prices all inclusive to complete the work) Line Item Description Unit of Measure Quantity 13 Concrete Sidewalk,New Installation Square Yard I-100 $ 140.00 14 Concrete Sidewalk,New Installation Square Yard 101-250 $ 100.00 15 Concrete Sidewalk,New Installation Square Yard 251-500+ $ 90.00 16 Concrete Sidewalk,Removal&Disposal of Existing Square Yard 1-100 $ 95.00 17 Concrete Sidewalk,Removal&Disposal of Existing Square Yard 101-250 $ 60.00 18 Concrete Sidewalk,Removal&Disposal of Existing Square Yard 251-500+ $ 40.00 19 Concrete Sidewalk,6"Thickness,Install/Replacement Square Yard I-100 $ 140.00 20 Concrete Sidewalk,6"Thickness,Install/Replacement Square Yard 101-250 $ 100.00 21 Concrete Sidewalk,6"Thickness,Install/Replacement Square Yard 251-500+ $ 80.00 22 Concrete Sidewalk,8"Thickness,Install/Replacement Square Yard 1-100 $ 170.00 23 Concrete Sidewalk,8"Thickness,Install/Replacement Square Yard 101-250 $ 120.00 24 Concrete Sidewalk,8"Thickness,Install/Replacement Square Yard 251-500+ $ 100.00 25 Concrete Grinding,County Wide Square Foot I-50 $ 25.00 26 Concrete Grinding,County Wide Square Foot 51-100 $ 20.00 27 Concrete Grinding,County Wide Square Foot 101+ $ 15.00 Curb&Gutter(Unit Prices all inclusive to complete the work) Line Item Description Unit of Measure Quantity 28 Concrete Curb,Removal&Disposal,Type A Linear Feet 1-50 $ 160.00 29 Concrete Curb,Removal&Disposal,Type A Linear Feet 51-150 $ 60.00 30 Concrete Curb,Removal&Disposal,Type A Linear Feet 151+ $ 40.00 31 Concrete Curb,Install,Type A Linear Feet 1-50 $ 120.00 32 Concrete Curb,Install,Type A Linear Feet 51-150 $ 40.00 iF+t 33 Concrete Curb,Install,Type A Linear Feet 151+ $ 35.00 34 Concrete Curb,Removal&Disposal,Type B Linear Feet I-50 $ 80.00 35 Concrete Curb,Removal&Disposal,Type B Linear Feet 51-150 $ 40.00 36 Concrete Curb,Removal&Disposal,Type B Linear Feet 151+ $ 30.00 37 Concrete Curb,Install,Type B Linear Feet I-50 $ 56.00 38 Concrete Curb,Install,Type B Linear Feet 51-150 $ 45.00 39 Concrete Curb,Install,Type B Linear Feet 151+ $ 30.00 40 Concrete Curb,Removal&Disposal,Type D Linear Feet I-50 $ 56.00 41 Concrete Curb,Removal&Disposal,Type D Linear Feet 51-150 $ 40.00 42 Concrete Curb,Removal&Disposal,Type D Linear Feet 151+ $ 30.00 43 Concrete Curb,Install,Type D Linear Feet I-50 $ 50.00 44 Concrete Curb,Install,Type D Linear Feet 51-150 $ 35.00 45 Concrete Curb,Install,Type D Linear Feet 151+ $ 30.00 46 Concrete Curb&Gutter,Removal&Disposal,Type E Linear Feet 1-50 $ 140.00 47 Concrete Curb&Gutter, Removal&Disposal,Type E Linear Feet 51-150 $ 60.00 48 Concrete Curb&Gutter, Removal&Disposal,Type E Linear Feet 151+ $ 30.00 49 Concrete Curb&Gutter,Install,Type E Linear Feet I-50 $ 140.00 50 Concrete Curb&Gutter,Install,Type E Linear Feet 51-150 $ 60.00 51 Concrete Curb&Gutter,Install,Type E Linear Feet 151+ $ 40.00 52 Concrete Curb&Gutter,Removal&Disposal,Type F Linear Feet 1-50 $ 140.00 53 Concrete Curb&Gutter,Removal&Disposal,Type F Linear Feet 51-150 $ 60.00 54 Concrete Curb&Gutter,Removal&Disposal,Type F Linear Feet 151+ $ 40.00 55 Concrete Curb&Gutter,Install,Type F Linear Feet 1-50 $ 140.00 56 Concrete Curb&Gutter,Install,Type F Linear Feet 51-150 $ 60.00 57 Concrete Curb&Gutter,Install,Type F Linear Feet 151+ $ 58.00 58 Concrete Curb,Removal&Disposal,Drop Curb Linear Feet I-50 $ 120.00 59 Concrete Curb,Removal&Disposal,Drop Curb Linear Feet 51-150 $ 40.00 60 Concrete Curb,Removal&Disposal,Drop Curb Linear Feet 151+ $ 30.00 61 Concrete Curb,Install,Drop Curb Linear Feet 1-50 $ 120.00 62 Concrete Curb,Install,Drop Curb Linear Feet 51-150 $ 40.00 63 Concrete Curb,Install,Drop Curb Linear Feet 151+ $ 30.00 64 Concrete Curb,Removal&Disposal,Shoulder Gutter Linear Feet 1-50 $ 140.00 65 Concrete Curb,Removal&Disposal,Shoulder Gutter Linear Feet 51-150 $ 60.00 66 Concrete Curb,Removal&Disposal,Shoulder Gutter Linear Feet 151+ $ 40.00 67 Concrete Curb,Install,Shoulder Gutter Linear Feet 1-50 $ 160.00 68 Concrete Curb,Install,Shoulder Gutter Linear Feet 51-150 $ 70.00 69 Concrete Curb,Install,Shoulder Gutter Linear Feet 151+ $ 65.00 70 Concrete Valley Gutter,Removal&Disposal Linear Feet I-50 $ 140,00 71 Concrete Valley Gutter,Removal&Disposal Linear Feet 51-150 $ 60.00 72 Concrete Valley Gutter Removal&Disposal Linear Feet 151+ $ 40.00 73 Concrete Valley Gutter,Install Linear Feet I-50 $ 120.00 74 Concrete Valley Gutter,Install Linear Feet 51-150 $ 80.00 75 Concrete Valley Gutter,Install Linear Feet 151+ $ 60.00 ALTERNATIVE ITEMS CONCRETE DRAINAGE(Unit Prices all inclusive to complete the work) Line Item. Description Unit of Measure Quantity 76 Mitered Ends,Removal&Disposal Square Yard 1 $ 450.00 77 Mitered Ends,Install/Replacement Square Yard 1 $ 700.00 78 Curb Inlets Top,Removal&Disposal Square Yard I-10 $ 400.00 79 Curb Inlets Top,Removal&Disposal Square Yard 11-20 $ 300.00 80 Curb Inlets Top,Removal&Disposal Square Yard 20+ $ 200.00 81 Curb Inlets Top,Install/Replacement Square Yard 1-10 $ 3,500.00 82 Curb Inlets Top,Install/Replacement Square Yard 11-20 $ 2,000.00 83 Curb Inlets Top,Install/Replacement Square Yard 20+ $ 2,000.00 84 Flumes,Removal&Disposal Square Yard I $ 200.00 85 Flumes,Install/Replacement Square Yard I $ 320.00 ASPHALT RELATED SERVICES(Unit Prices all inclusive to complete the work) Line Item Description Unit of Measure Quantity 86 Asphalt removal&disposal of existing Ton I $ 120.00 87 Asphalt install/replacement Ton I $ 300.00 CONCRETE Line Item Description Unit of Measure Quantity 88 Concrete Installation,other than sidewalks Square Yard I $ 120.00 89 Concrete Miscellaneous,Removal&Disposal of Existing Square Yard I $ 60.00 90 Concrete Miscellaneous,2500 PSI,delivered Cubic Yard 1-4 $ 170.00 91 Concrete Miscellaneous,2500 PSI,delivered Cubic Yard 5+ $ 145.00 92 Concrete Miscellaneous,3000 PSI,delivered Cubic Yard 1-4 $ 175.00 93 Concrete Miscellaneous,3000 PSI,delivered Cubic Yard 5+ $ 150.00 94 Concrete Miscellaneous,5000 PSI,delivered Cubic Yard 1-4 $ 195.00 95 Concrete Miscellaneous,5000 PSI,delivered Cubic Yard 5+ $ 180.00 96 Concrete Miscellaneous,2500 PSI with fiber mesh,delivered Cubic Yard I-4 $ 175.00 97 Concrete Miscellaneous,2500 PSI with fiber mesh,delivered Cubic Yard 5+ $ 150.00 98 Concrete Miscellaneous,3000 PSI with fiber mesh,delivered Cubic Yard 1-4 $ 180.00 99 Concrete Miscellaneous,3000 PSI with fiber mesh,delivered Cubic Yard 5+ $ 155.00 100 Concrete Miscellaneous,5000 PSI with fiber mesh,delivered Cubic Yard 1-4 $ 200.00 101 Concrete Miscellaneous,5000 PSI with fiber mesh,delivered Cubic Yard 5+ $ 185.00 102 Concrete Grinding,Alternative Method by hand per FDOT Square Foot 1 $ 25.00 CONCRETE SIDEWALK Line Item Description Unit of Measure Quantity 103 Concrete Spall Repair,any type of concrete surface,County Wide(inclusive of Square Foot I $ 45.00 labor,equipment,and materials) CURB&GUTTER(Unit Prices all inclusive to complete the work) Line Item • Description Unit of Measure Quantity 104 Concrete Curb&Gutter,Removal&Disposal,Special,Odd Type Linear Feet 1-50 $ 40.00 105 Concrete Curb&Gutter,Removal&Disposal,Special,Odd Type Linear Feet 51-150 $ 30.00 106 Concrete Curb&Gutter,Removal&Disposal,Special,Odd Type Linear Feet 151+ $ 30.00 107 Concrete Curb&Gutter,Install,Special,Odd Type Linear Feet I-50 $ 120.00 108 Concrete Curb&Gutter,Install,Special,Odd Type Linear Feet 51-150 $ 60.00 109 Concrete Curb&Gutter,Install,Special,Odd Type Linear Feet 151+ $ 40.00 110 Concrete Gutter,Removal&Disposal,Special-for any odd type Linear Feet 1-50 $ 120.00 III Concrete Gutter,Removal&Disposal,Special-for any odd type Linear Feet 51-150 $ 40.00 112 Concrete Gutter,Removal&Disposal,Special-for any odd type Linear Feet 151 + $ 30.00 113 Concrete Gutter,Install,Special-for any odd type Linear Feet I-50 $ 90.00 114 Concrete Gutter,Install,Special-for any odd type Linear Feet 51-150 $ 40.00 115 Concrete Gutter,Install,Special-for any odd type Linear Feet 151+ $ 35.00 116 Concrete Shoulder Gutter,Removal&Disposal Linear Feet 1-50 $ 90.00 117 Concrete Shoulder Gutter,Removal&Disposal Linear Feet 51-150 $ 40.00 118 Concrete Shoulder Gutter,Removal&Disposal Linear Feet 151+ $ 40.00 119 Concrete Shoulder Gutter,Install Linear Feet I-50 $ 140.00 120 Concrete Shoulder Gutter,Install Linear Feet 51-150 $ 40.00 121 Concrete Shoulder Gutter,Install Linear Feet 151+ $ 30.00 EQUIPMENT Line Item Description Unit of Measure Quantity 122 Dump Truck w/Operator includes removal and hauling material/debris for disposal Hourly I-15 Yards $ 300.00 123 Dump Truck w/Operator includes removal and hauling of material/debris for Hourly 16+Yards $ 215.00 disposal 124 Crane 100 tons and less w/Operator includes delivery&fuel Hourly 1 $ 540.00 125 Track or Wheeled Excavator w/Operator includes delivery&fuel Hourly I $ 68.00 126 Track or Wheeled Skid Steer w/Operator includes delivery&fuel Hourly I $ 60.00 127 Long Stick tracked Excavator w/Operator 60 ft or greater includes delivery&fuel Hourly I $ 370.00 128 Tow behind Concrete Pump w/Operator with up to 1000 ft discharge Hose includes Hourly I $ 350.00 delivery&fuel 129 Concrete Pump truck w/Operator up to 200 ft boom includes delivery&fuel Hourly I $ 400.00 130 6"or less water pump Hourly 1 $ 150.00 LANDSCAPE (Unit prices inclusive of sod,delivery,and installation) Line Item , Description Unit of Measure Quantity -- 131 Bahia Sod,delivered,&installed Square Feet I-200 $ 1.50 132 Bahia Sod,delivered,&installed Square Feet 201-500 $ 0.80 133 Bahia Sod,delivered,&installed Square Feet 501+ $ 0.60 134 Floratam Sod,delivered,&installed Square Feet I-200 $ 2.00 135 Floratam Sod,delivered,&installed Square Feet 201-500 $ 1.50 136 Floratam Sod,delivered,&installed Square Feet 501+ $ 1.00 MATERIALS Lion Item Description Unit of Measure Quantity 137 Limerock Ton I $ 120.00 (includes material,delivery,&installation) 138 Limerock Square Yard 1 $ 30.00 (includes material,delivery,&installation) 139 Fill Dirt Ton 1 $ 95.00 (includes material,delivery,&installation) 140 Fill Dirt Square Yard 1 $ 15.00 (includes material,delivery,&installed) 141 Flowable Fill,Excavatable Cubic Yard I-9 $ 209.00 (includes material,mixed,and delivered) 142 Flowable Fill,Excavatable Cubic Yard 10-18 $ 180.00 (includes material,mixed,and delivered) Flowable Fill,Excavatable 143 (includes material,mixed,and delivered) Cubic Yard 19+ $ 175.00 144 Flowable Fill,Non-Excavatable Cubic Yard I-9 $ 209.00 (includes materials,mixed,&delivered) 145 Flowable Fill,Non-Excavatable Cubic Yard 10-18 $ 180.00 (includes materials,mixed,&delivered) 146 Flowable Fill,Non-Excavatable Cubic Yard 19+ $ 175.00 (includes materials,mixed,&delivered) 147 Rip Rap,Concrete Bag(includes material,delivery&install) Bag 40 LB $ 45.00 148 Rip Rap,Concrete Bag(includes material,delivery&install) Bag 60 LB $ 65.00 149 Rip Rap,Concrete Bag(includes material,delivery&install) Bag 80 LB $ 70.00 150 Rip Rap Rubble, 6"-12" Ton 1-20 $ 200.00 (includes material,delivery,&installation) Rip Rap Rubble, 6"-12" 151 (includes material,delivery,&installation) Ton 21 -65 $ 180.00 152 Rip Rap Rubble, 6"-12" Ton 66+ $ 160.00 (includes material,delivery,&installation) 153 Silt Screen Linear Feet I-200 $ 2.00 (includes installation&removal) 154 Silt Screen Linear Feet 201-500 $ 2.00 (includes installation&removal) 155 Silt Screen Linear Feet 501+ $ 1.80 (includes installation&removal) 156 Floating Turbidity Barrier Linear Feet 1-200 $ 30.00 (includes installation&removal) 157 Floating Turbidity Barrier Linear Feet 201-500 $ 20.00 (includes installation&removal) 158 Floating Turbidity Barrier Linear Feet 501+ $ 20.00 (includes installation&removal) 159' E , _ -^teri, 160 Material Markup 10 Other Exhibit/Attachment Description: Public Payment and Performance Bond C following this page (pages 1 through 6 ) ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to 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 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of under-signed representative, pursuant to authority of its governing body. Page 1 of 3 Public Payment Bond Signed, sealed and delivered in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of _ physical presence or _ online notarization, this day of 20 by as of a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page 2 of 3 Public Payment Bond As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 20 by as of a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 3 of 3 Public Payment Bond PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we 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 Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. 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 Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 1 of 3 Public Performance Bond This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. 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, sealed and delivered in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 20 by as of a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary-State of Florida) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 2 of 3 Public Performance Bond ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of_physical presence or_online notarization, this day of 20 by as of a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 3 of 3 Public Performance Bond • ACORE) CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/18/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Susanne Lombardi NAME: M.E.Wilson Company,LLC PHONE (941)999-1900 FAX (A/C,No,Ext): (A/C,No): 7264 Kyle Court ADDARESS: slombardi@mewilson.com INSURER(S)AFFORDING COVERAGE NAIC# Sarasota FL 34240 INSURER A: Admiral Imsurance Company 24856 INSURED INSURER B: Villa-Fuerte Construction,LLC INSURER C: 31 Sevilla Ave INSURER D: INSURER E: Arcadia FL 34266 INSURERF: COVERAGES CERTIFICATE NUMBER: 21-22 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBH POLICY EFF POLICY EXP TYPE OF INSURANCE LTRINSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ X XCU included MED EXP(Any one person) $ 5,000 A Y CA00003781802 03/26/2021 03/26/2022 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO n LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE _ AUTOS ONLY _ AUTOS ONLY (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ri (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project 21-7861 Concrete:Sidewalks,Curbs&Gutters and Related Itmes Collier County Board of County Commissioners is named as Additional Insured on a primary non-contributory basis with respects to General Liability. 30 Day Notice of Cancellation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples FL 34112 c I �1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Date CERTIFICATE OF LIABILITY INSURANCE I 3/12/2021 Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend,extend Holiday, FL 34691 or alter the coverage afforded by the policies below. (727) 938-5562 Insurers Affording Coverage NAIC# Insured: South East Personnel Leasing, Inc. &Subsidiaries Insurer A: bon Insurance Company 11075 2739 U.S. Highway 19 N. Insurer B: Holiday, FL 34691 InsurerC: Insurer D: Insurer E: Coverages The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions,and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSR ADDL Policy Effective Policy Expiration Limits LTR INSRD Type of Insurance Policy Number Date Date (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY Each Occurrence $ Commercial General Liability Damage to rented premises(EA =Claims Made Occur occurrence) $ Med Exp $ General aggregate limit applies per: Personal Adv Injury $ General Aggregate $ 3 Policy ❑Project ❑ LOC Products-Comp/Op Agg $ AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) $ Any Auto All Owned Autos Bodily Injury (Per Person) $ Scheduled Autos Hired Autos Bodily Injury (Per Accident) Non-Owned Autos $ Property Damage (Per Accident) $ EXCESS/UMBRELLA LIABILITY Each Occurrence ROccur ❑Claims Made Aggregate Deductible A Workers Compensation and WC 71949 01/01/2021 01/01/2022 x I WC Statu- I I OTH- Employers'Liability tory Limits ER Any proprietor/partner/executive officer/member E.L.Each Accident $1,000,000 excluded? NO E.L.Disease-Ea Employee $1,000,000 If Yes,describe under special provisions below. E.L.Disease-Policy Limits $1,000,000 Other _ Lion Insurance Company is A.M.Best Company rated A(Excellent). AMB#12616 Descriptions of Operations/LocationsNehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 98-66-895 Coverage only applies to active employee(s)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company": Villa-Fuerte Construction,LLC Coverage only applies to injuries incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s),while working in:FL. Coverage does not apply to statutory employee(s)or independent contractor(s)of the Client Company or any other entity. A list of the active employee(s)leased to the Client Company can be obtained by faxing a request to(727)937-2138 or email certificates©lioninsurancecompany.com Project Name: INCLUDES USL&H. ISSUE 03-12-21(PH) Begin Date:1/31/2021 CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY Should any of the above described policies be cancelled before the expiration date thereof,the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left,but failure to BOARD OF COUNTY COMMISSIONERS do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives. 3295 TAMIAMI TRAIL EAST _——— NAPLES, FL 34112 A DATE(MWDO1YYYY) CERTIFICATE OF LIABILITY INSURANCE 04/22/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the poll y(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Don Knoche State farm Don Knoche PHONE 863-494-2030 FAX 863-494-1155 No.Eat): HLIC.Not: 4 W Oak St.Suite E ALSS: don.knoche.cu5i@statefarm.com AMN Arcadia,Fl 34266 INSURER(S)AFFORDING COVERAGE NAIC I_-- INSURER A: State Farm Mutual Automobile Insurance Company 25178 INSURED INSURER B Villa-Fuerte Construction LLC INSURER C: j7 31 Sevilla Ave INSURER D: Q Arcadia,Fl 34266 INSURER E: INSURER F: Q COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFf POLICY EXP -. LTR TYPE OF INSURANCE VISO MD POLICY NUMBER IMWDDIYYYYI MIII/DONYTY1 LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ $ MAGE TO RENTED CLAIMS-MADE r`l OCCUR PREMISES SES Ea occurrence) _ $ _ MED EXP(Any one person) $ PERSONAL R ADV INJURY $ GEM.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JET LOC PRODUCTS-COMP/OP AGG $ OTHER: AUTOMOBILE UASIUTY X X G28 4319-A10-59B 01/10/2021 07/10/2021 COMCcldent)BINED SINGLE LIMIT $ 1,000,000 (Ea e _ ---__---- X ANY""TO -- G79 0377-004-59A 03/04/2021 09/04/2021 BODILY INJURY(Per person) $ XOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS %• HIRED NON-OWNED G87 3759-A07-59 01/07/2021 07/07/2021 PROPERTY DAMAGE AUTOS ONLY X AUTOS ONLY (Per accident) E UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE S DED RETENTION$ $ WORKERS COMPENSATION OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOWPARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? n N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under — — — — DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY UMR S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101.Additional Remarks Schedule.may be attached I more spew N mqulred) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiaml Trail East AUTHORIZED REPRESENTATIVE Naples,Fl 34112 t ^ LI ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2015/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.13 04-22-2020