#21-7861 (Pavement Maintenance, LLC) 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 (98°Aday of Mat 2021
by and between Pavement Maintenance, LLC
authorized to do business in the State of Florida, whose business address is
1640 Benchmark Ave., Fort Myers, Florida 33905 -, (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 ❑■ upon the date of Board approval; or n 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 ❑ Rcquect for Proposal (RFP) ❑■ 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.
❑■ The Contractor shall also provide services in accordance with Exhibit A — Scope of
Services attached hereto.
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Fixed Term Service Multi-Contractor Agreement 202l_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.
3-3 ❑ The procedure for obtaining Work under this Agreement is outlined in ❑ Other
Exhibit/Attachment:
2,4❑ •
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):
❑ ;
transferred from the County to the contractor; and, as a businese practice there arc no
hourly or material invoices presented, rather, the contractor must perform to the
is authorized.
which it is not possible to accurately estimate the size of the project, or when it is expected
,
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).
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Fixed Term Service Multi-Contractor Agreement 2021_Ver.1
I,�JF�i
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 ❑ Travel-and
Reimbursable Expenses must be approved in advance in writing by the County. Travel
expenses shall be reimbursed as per Section 112.061 Fla. Stats.
Reimbursements shall be at the following rates:
Mileage $0.44.6 per mile
B rea k€ast $6.00
$-11.09
Dinner $10.00
Airfare Actual ticket cost limited to tourist or coach
clasG fare
Rental car Actual rental cost limited to compact or
standard s ehicles
Lodging Ae4tial-eest-ef-ledgiRg-at-sihgle-eeeupahey-fate
with a cap of no more than $160.00 per night
Taxi or Airport Limousine Actual cost of either taxi or airport limousine
•
items will be paid only after Contractor has provided all receipts. Contractor shall be
undertaken pursuant to this Agreement.
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.
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Fixed Term Service Multi-Contractor Agreement 2021_Ver.1
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: Pavement Maintenance, LLC
Address: 1640 Benchmark Ave.
Fort Myers, Florida 33905
Authorized Agent:
Attention Name & Title: Joseph Ward, Manager
Telephone: (239) 334-6760
E-Mail(s): Jward@pmioffl.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@coliiercountyfl.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.
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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. 0 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.
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Fixed Term Service Multi-Contractor Agreement 2021_Ver.I
❑
liability for claims arising out of the performance of professional cervices under thin
this insurance. Such insurance shall have limits of not leas than $ each
-❑cyber Liability 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.
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Fixed Term Service Multi-Contractor Agreement 2021_Ver.1
r.,t
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, 04414211111 ITB/Il Othcr
#21-7861 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent
emotes, and Q 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
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Fixed Term Service Multi-Contractor Agreement 2021_Ver.1
;f •
fir'
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: PublicRecordRequestOcolliercountvfl.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.
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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. ■I 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.
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Fixed Term Service Multi-Contractor Agreement 2021_Ver.1
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. ❑■ 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
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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
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required services.
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 ( rant Cundeedl In the ev + of an fl' t h +
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precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Agreement, the conflict shall be resolved by imposing the more strict or costly
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
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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. I 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.I
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 O CO NTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Court & COLLIER Y, FLORID
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By;
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4AiDit Pavement Maintenance, LLC
Contractor's Witnesses: Contractor
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Contractor's First Witness Signature
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Contractor's Second Wi ness
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A ed as t r and Legality:
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Page 14 of 17
Fixed Term Service Multi-Contractor Agreement 2021_Ver.I 47
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
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 1-75.
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 I-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/january2021/1-21ebook.pdf?sfvrsn=lc62cb58 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(%") 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('/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 '/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, 1% 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, 11/2 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('/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('/z") 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(%") 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('/") 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.
Page 7 of 13
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 11 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 1 )
Page 16 of 17
Fixed Term Service Multi-Contractor Agreement 2021_Ver.1
Exhibit B
FEE SCHEDULE
ITB#21-7821 CONCRETE: Pavement
SIDEWALKS,CURBS&GLITTERS,AND RELATED ITEMS Maintenance LLC
SECTION A.SERVICES _ ,
Americans with Disabilities Act(ADA)(Unit Prices all inclusive to complete the work)
Line Item Description Unit of Measure Quantity
I ADA Sidewalk Ramps,New Installation Square Yard 1-50 $ 150.00
2 ADA Sidewalk Ramps,New Installation Square Yard 51-100 $ 90.00
3 ADA Sidewalk Ramps,New Installation Square Yard 101+ $ 90.00
4 ADA Sidewalk Ramps,Removal&Disposal of Existing Square Yard 1-50 $ 150.00
5 ADA Sidewalk Ramps,Removal&Disposal of Existing Square Yard 51-100 $ 54.00
6 ADA Sidewalk Ramps,Removal&Disposal of Existing Square Yard 101+ $ 50.00
7 ADA Sidewalk Ramps,Install/Replacement Square Yard 1-50 $ 200.00
8 ADA Sidewalk Ramps,Install/Replacement Square Yard 51-100 $ 85.00
9 ADA Sidewalk Ramps,Install/Replacement Square Yard 101+ $ 75.00
10 ADA Detectable Warning Mat,Install/Replacement Square Foot I-50 $ 25.00
11 ADA Detectable Warning Mat,Install/Replacement Square Foot 51-100 $ 25.00
12 ADA Detectable Warning Mat,Install/Replacement Square Foot 101+ $ 25.00
Concrete Sidewalk(Unit Prices all inclusive to complete the work)
Line Item Description Unit of Measure Quantity
13 Concrete Sidewalk,New Installation Square Yard 1-100 $ 150.00
14 Concrete Sidewalk,New Installation Square Yard 101-250 $ 83.50
15 Concrete Sidewalk,New Installation Square Yard 251-500+ $ 75.00
16 Concrete Sidewalk,Removal&Disposal of Existing Square Yard 1-100 $ 150.00
17 Concrete Sidewalk,Removal&Disposal of Existing Square Yard 101-250 $ 83.50
18 Concrete Sidewalk,Removal&Disposal of Existing Square Yard 251-500+ $ 75.00
19 Concrete Sidewalk,6"Thickness,Install/Replacement Square Yard 1-100 $ 200.00
20 Concrete Sidewalk,6"Thickness,Install/Replacement Square Yard 101-250 $ 100.00
21 Concrete Sidewalk,6"Thickness,Install/Replacement Square Yard 251-500+ $ 75.00
22 Concrete Sidewalk,8"Thickness,Install/Replacement Square Yard I-100 $ 340.00
23 Concrete Sidewalk,8"Thickness,Install/Replacement Square Yard 101-250 $ 160.00
24 Concrete Sidewalk,8"Thickness,Install/Replacement Square Yard 251-500+ $ 120.00
25 Concrete Grinding,County Wide Square Foot 1-50 $ 450.00
26 Concrete Grinding,County Wide Square Foot 51-100 $ 100.00
27 Concrete Grinding,County Wide Square Foot 101+ $ 25.00
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 I-50 $ 145.00
29 Concrete Curb,Removal&Disposal,Type A Linear Feet 51-150 $ 45.00
30 Concrete Curb,Removal&Disposal,Type A Linear Feet 151+ $ 28.00
31 Concrete Curb,Install,Type A Linear Feet 1-50 $ 145.00
32 Concrete Curb,Install,Type A Linear Feet 51-I50 $ 45.00
33 Concrete Curb,Install,Type A Linear Feet 151+ $ 28.00
34 Concrete Curb,Removal&Disposal,Type B Linear Feet I-50 $ 145.00
35 Concrete Curb,Removal&Disposal,Type B Linear Feet 51-150 $ 45.00
36 Concrete Curb,Removal&Disposal,Type B Linear Feet 151+ $ 28.00
37 Concrete Curb,Install,Type B Linear Feet 1-50 $ 145.00
38 Concrete Curb,Install,Type B Linear Feet 51-150 $ 45.00
39 Concrete Curb,Install,Type B Linear Feet 151+ $ 28.00
40 Concrete Curb,Removal&Disposal,Type D Linear Feet I-50 $ 145.00
41 Concrete Curb,Removal&Disposal,Type D Linear Feet 51-150 $ 45.00
42 Concrete Curb,Removal&Disposal,Type D Linear Feet 151+ $ 28.00
43 Concrete Curb,Install,Type D Linear Feet 1-50 $ 125.00
44 Concrete Curb,Install,Type D Linear Feet 51-150 $ 45.00
45 Concrete Curb,Install,Type D Linear Feet 151+ $ 28.00
46 Concrete Curb&Gutter,Removal&Disposal,Type E Linear Feet 1-50 $ 145.00
47 Concrete Curb&Gutter, Removal&Disposal,Type E Linear Feet 51-150 $ 45.00
48 Concrete Curb&Gutter, Removal&Disposal,Type E Linear Feet 151+ $ 28.00
49 Concrete Curb&Gutter,Install,Type E Linear Feet I-50 $ 145.00
50 Concrete Curb&Gutter,Install,Type E Linear Feet 51-150 $ 45.00
51 Concrete Curb&Gutter,Install,Type E Linear Feet 151+ $ 28.00
52 Concrete Curb&Gutter,Removal&Disposal,Type F Linear Feet 1-50 $ 145.00
53 Concrete Curb&Gutter,Removal&Disposal,Type F Linear Feet 51-150 $ 45.00
54 Concrete Curb&Gutter,Removal&Disposal,Type F Linear Feet 151+ $ 28.00
55 Concrete Curb&Gutter,Install,Type F Linear Feet 1-50 $ 145.00
56 Concrete Curb&Gutter,Install,Type F Linear Feet 51-150 $ 45.00
57 Concrete Curb&Gutter,Install,Type F Linear Feet 151+ $ 28.00
58 Concrete Curb,Removal&Disposal,Drop Curb Linear Feet 1-50 $ 145.00
59 Concrete Curb,Removal&Disposal,Drop Curb Linear Feet 51-150 $ 45.00
60 Concrete Curb,Removal&Disposal,Drop Curb Linear Feet 151+ $ 28.00
61 Concrete Curb,Install,Drop Curb Linear Feet 1-50 $ 145.00
62 Concrete Curb,Install,Drop Curb Linear Feet 51-150 $ 45.00
63 Concrete Curb,Install,Drop Curb Linear Feet 151+ $ 28.00
64 Concrete Curb,Removal&Disposal,Shoulder Gutter Linear Feet 1-50 $ 180.00
65 Concrete Curb,Removal&Disposal,Shoulder Gutter Linear Feet 51-150 $ 75.00
66 Concrete Curb,Removal&Disposal,Shoulder Gutter Linear Feet 151+ $ 50.00
67 Concrete Curb,Install,Shoulder Gutter Linear Feet 1-50 $ 200.00
68 Concrete Curb,Install,Shoulder Gutter Linear Feet 51-150 $ 75.00
69 Concrete Curb,Install,Shoulder Gutter Linear Feet 151+ $ 50.00
70 Concrete Valley Gutter,Removal&Disposal Linear Feet 1-50 $ 145.00
71 Concrete Valley Gutter,Removal&Disposal Linear Feet 51-150 $ 45.00
72 Concrete Valley Gutter Removal&Disposal Linear Feet 151+ $ 28.00
73 Concrete Valley Gutter,Install Linear Feet I-50 $ 145.00
74 Concrete Valley Gutter,Install Linear Feet 51-150 $ 45.00
75 Concrete Valley Gutter,Install Linear Feet 151+ $ 28.00
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 I $ 300.00
77 Mitered Ends,Install/Replacement Square Yard I $ 350.00
78 Curb Inlets Top,Removal&Disposal Square Yard I-10 $ 300.00
79 Curb Inlets Top,Removal&Disposal Square Yard 11-20 $ 125.00
80 Curb Inlets Top,Removal&Disposal Square Yard 20+ $ 100.00
81 Curb Inlets Top,Install/Replacement Square Yard I-10 $ 1,500.00
82 Curb Inlets Top,Install/Replacement Square Yard 11-20 $ 1,000.00
83 Curb Inlets Top,Install/Replacement Square Yard 20+ $ 1,000.00
84 Flumes,Removal&Disposal Square Yard I $ 500.00
85 Flumes,Install/Replacement Square Yard I $ 750.00
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 $ 200.00
87 Asphalt install/replacement Ton I $ 250.00
CONCRETE
Line Item Description Unit of Measure Quantity
88 Concrete Installation,other than sidewalks Square Yard I $ 400.00
89 Concrete Miscellaneous,Removal&Disposal of Existing Square Yard I $ 400.00
90 Concrete Miscellaneous,2500 PSI,delivered Cubic Yard 1-4 $ 200.00
91 Concrete Miscellaneous,2500 PSI,delivered Cubic Yard 5+ $ 175.00
92 Concrete Miscellaneous,3000 PSI,delivered Cubic Yard 1-4 $ 200.00
93 Concrete Miscellaneous,3000 PSI,delivered Cubic Yard 5+ $ 157.97
94 Concrete Miscellaneous,5000 PSI,delivered Cubic Yard 1-4 $ 182.97
95 Concrete Miscellaneous,5000 PSI,delivered Cubic Yard 5+ $ 175.00
96 Concrete Miscellaneous,2500 PSI with fiber mesh,delivered Cubic Yard I-4 $ 200.00
97 Concrete Miscellaneous,2500 PSI with fiber mesh,delivered Cubic Yard 5+ $ 175.00
98 Concrete Miscellaneous,3000 PSI with fiber mesh,delivered Cubic Yard I-4 $ 200.00
99 Concrete Miscellaneous,3000 PSI with fiber mesh,delivered Cubic Yard 5+ $ 175.00
•
100 Concrete Miscellaneous,5000 PSI with fiber mesh,delivered Cubic Yard I-4 $ 200.00
101 Concrete Miscellaneous,5000 PSI with fiber mesh,delivered Cubic Yard 5+ $ 175.00
102 Concrete Grinding,Alternative Method by hand per FDOT Square Foot 1 $ 100.00
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 $ 125.00
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 $ 145.00
105 Concrete Curb&Gutter,Removal&Disposal,Special,Odd Type Linear Feet 51-150 $ 45.00
106 Concrete Curb&Gutter,Removal&Disposal,Special,Odd Type Linear Feet 151+ $ 28.00
107 Concrete Curb&Gutter,Install,Special,Odd Type Linear Feet 1-50 $ 145.00
108 Concrete Curb&Gutter,Install,Special,Odd Type Linear Feet 51-150 $ 45.00
109 Concrete Curb&Gutter,Install,Special,Odd Type Linear Feet 151+ $ 28.00
110 Concrete Gutter,Removal&Disposal,Special-for any odd type Linear Feet I-50 $ 145.00
1 l l Concrete Gutter,Removal&Disposal,Special-for any odd type Linear Feet 51-150 $ 45.00
112 Concrete Gutter,Removal&Disposal,Special-for any odd type Linear Feet 151+ $ 28.00
113 Concrete Gutter,Install,Special-for any odd type Linear Feet 1-50 $ 145.00
114 Concrete Gutter,Install,Special-for any odd type Linear Feet 51-150 $ 45.00
115 Concrete Gutter,Install,Special-for any odd type Linear Feet 151+ $ 28.00
116 Concrete Shoulder Gutter,Removal&Disposal Linear Feet I-50 $ 145.00
117 Concrete Shoulder Gutter,Removal&Disposal Linear Feet 51-I50 $ 45.00
118 Concrete Shoulder Gutter,Removal&Disposal Linear Feet 151+ $ 28.00
119 Concrete Shoulder Gutter,Install Linear Feet 1-50 $ 200.00
120 Concrete Shoulder Gutter,Install Linear Feet 51-150 $ 75.00
121 Concrete Shoulder Gutter,Install Linear Feet 151+ $ 75.00
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 $ 85.00
123 Dump Truck w/Operator includes removal and hauling of material/debris for Hourly 16+Yards $ 85.00
disposal
124 Crane 100 tons and less w/Operator includes delivery&fuel Hourly I $ 300.00
125 Track or Wheeled Excavator w/Operator includes delivery&fuel Hourly 1 $ 300.00
126 Track or Wheeled Skid Steer w/Operator includes delivery&fuel Hourly I $ 150.00
127 Long Stick tracked Excavator w/Operator 60 ft or greater includes delivery&fuel Hourly 1 $ 500.00
128 Tow behind Concrete Pump w/Operator with up to 1000 ft discharge Hose includes Hourly 1 $ 200.00
delivery&fuel
129 Concrete Pump truck w/Operator up to 200 ft boom includes delivery&fuel Hourly 1 $ 250.00
130 6"or less water pump Hourly 1 $ 250.00
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 $ 6.00
132 Bahia Sod,delivered,&installed Square Feet 201-500 $ 3.00
133 Bahia Sod,delivered,&installed Square Feet 501+ $ 2.75
134 Floratam Sod,delivered,&installed Square Feet 1-200 $ 12.00
135 Floratam Sod,delivered,&installed Square Feet 201-500 $ 10.00
136 Floratam Sod,delivered,&installed Square Feet 501+ $ 4.50
MATERIALS
_1
Litz Item Description - Unit of Measure Quantity
137 Limerock Ton I $ 25.00
(includes material,delivery,&installation)
138 Limerock Square Yard I $ 25.00
(includes material,delivery,&installation)
139 Fill Dirt Ton 1 $ 35.00
(includes material,delivery,&installation)
140 Fill Dirt Square Yard I $ 35.00
(includes material,delivery,&installed)
141 Flowable Fill,Excavatable Cubic Yard 1-9 $ 415.00
(includes material,mixed,and delivered)
142 Flowable Fill,Excavatable Cubic Yard 10-18 $ 355.00
(includes material,mixed,and delivered)
143 Flowable Fill,Excavatable Cubic Yard 19+ $ 300.00
(includes material,mixed,and delivered)
144 Flowable Fill,Non-Excavatable Cubic Yard 1-9 $ 415.00
(includes materials,mixed,&delivered)
145 Flowable Fill,Non-Excavatable Cubic Yard 10-18 $ 355.00
(includes materials,mixed,&delivered)
146 Flowable Fill,Non-Excavatable Cubic Yard 19+ $ 300.00
(includes materials,mixed,&delivered)
147 Rip Rap,Concrete Bag(includes material,delivery&install) Bag 40 LB $ 450.00
148 Rip Rap,Concrete Bag(includes material,delivery&install) Bag 60 LB $ 450.00
149 Rip Rap,Concrete Bag(includes material,delivery&install) Bag 80 LB $ 450.00
I50 Rip Rap Rubble, 6"-12" Ton I-20 $ 250.00
(includes material,delivery,&installation)
151 Rip Rap Rubble, 6"-12" Ton 21-65 $ 100.00
(includes material,delivery,&installation)
Rip Rap Rubble, 6"-12"
152 (includes material,delivery,&installation) Ton 66+ $ 95.00
153 Silt Screen Linear Feet I-200 $ 10.00
(includes installation&removal)
154 Silt Screen Linear Feet 201-500 $ 5.00
(includes installation&removal)
155 Silt Screen Linear Feet 501+ $ 4.00
(includes installation&removal)
156 Floating Turbidity Barrier Linear Feet 1-200 $ 18.00
(includes installation&removal)
157 Floating Turbidity Barrier Linear Feet 201-500 $ 12.00
(includes installation&removal)
158 Floating Turbidity Barrier Linear Feet 501+ $ 12.00
(includes installation&removal)
Iir
iE � s+` d W ,,R,nli�a, :", ,,„," +a 4 S'1"n�i,1�i y ,,,„,,;401 Ui,.
160 Material Markup 10%
Other Exhibit/Attachment
Description: Public Payment and Performance Bond
❑■ following this page (pages 1 through 6 )
❑ this exhibit is not applicable
Page 17 of 17
Fixed Term Service Multi-Contractor Agreement 2021_Ver.I
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
AC o. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)
4/28/2021
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 13 WANED,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
Baldwin Krystyn Sherman PHONE FAX
813-984-3200 813-984-3201
4211 W.Boy Scout Blvd. 0.E'�`
Suite 800 Wass: rtners.com
Tampa FL 33807 'REUNIONS)AFFORDING COVERAGE NAIC d
INSURER A:Builders Mutual Insuance Company 10844
INSURED 1 PAVEMAI INSURER■:
Pavement Maintenance,LLC
1640 Benchmark Ave INSURER C:
Fort Myers,FL 33905 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:779152813 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.UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
err POLICY mai
LTR NRU TYPE OF INSURANCE iM WW1 POLICY NUMBER SAW SUER POD fYYYI DrsIDDIYYYYI UNITS
COMMERCIAL GENERAL LIAI NJTY EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $
MED EXP(Any one person) S
PERSONAL&ADV INJURY $
GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S
POLICY n l ,LOC PRODUCTS-COMPIOP AGG
$
OTHER:
AUTOMONLELIAa1LITY COMBINED WHOLE(Ea(E�accident) LIMIT $
ANY AUTO BODILY INJURY(Per person) $
— OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY(Per accident)
S
AUTOS ONLY _ AUTOS ONLY
$
UMBRELLA OCCUR EACH OCCURRENCE $
_
EXCESS LIAI ODE AGGREGATE $
DED RETENTIONS p�}{. S
A WORKERS COMPENSATION WCP10738260 8/5/2020 8/5/2021 X sI ATUTE ER
AND EIAPLOYER,LIABILITY Y/N
ANYPROPRETOR/PARTNERIEXECUTIVE I I NIA E.L EACH ACCIDENT S 1,000,000
OPPICEW AEMBEREXCLUDEDI
(Mandatory In NH) E.L DISEASE-EA EMPLOYEE S 1,000,000
Ilyae daubs under
DESCRIPTION OF OPERATIONS below El. •POUCY LIMIT S 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 1H,Additions!Remarks Schedule.may be attached If mars space Is regrind)
Blanket Waiver of Subrogation when required by contract
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POUCY PROVISIONS.
Collier County Board of County Commissioners
3295 Tamiami Trail E Au zEDREPRE
Naples FL 34112
G 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2018/03) The ACORD name and logo are registered marks of ACORD
THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
(Ed. 4-84)
0
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will
not enforce our right against the person or organization named in the Schedule. (This agreement applies
only to the extent that you perform work under a written contract that requires you to obtain this
agreement front us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule:
Schedule
ALL PROJECTS AS REQUIRED BY A WRITTEN CONTRACT
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
IThe information below is required only when this endorsement is issued subsequent to preparation of the pdicy.)
Endorsement Effective 08/05/2020 Policy No. WCP 1073826 Endorsement No. 002
Insured PAVEMENT MAINTENANCE LLC Premium 8 192,890.00
Insurance Company BUILDERS MUTUAL INSURANCE CO Countersigned by
WC 00 03 13
(Ed. 4-84) Copyright 1983 National Council on Compensation Insurance.
A�o' CERTIFICATE OF LIABILITY INSURANCE DATE D a )
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 pollcy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In Neu of such endonement(s).
PRODUCER CONTACT Wendy eingson
VTC Insurance Group mote (239)275-8226 FAX
wc.": t:rsl as-DIn
Ft. Myers Office VIEdtLEk
moms,whingaonQvtcias.Coa
6820 Porto lino Circle Ste 2 NSURERIS)AFFORDING COVERAGE MAIL S
rt. dyers IL 33912 pINIRERA:Continental Insurance Company 35289
ENSURED INURERI:National lire Insurance Co.of Hartford 20478
Pavement Maintenance, LLC INSURER C:
1640 Benchmark Avenue INSURER D:
Fort Myers, Florida 33905 INSURER I:
POUR R F:
COVERAGES CERTIFICATE NUMBER:2021-22 GL,Auto,SM Umb 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 POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EPP POLICY EXPLTII UNITS
TYPE OF INSURANCE POLICY NUMBER (MMEMtIYy'Y1 (MMRIWriYY1
X COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED 100,000
A CLAIMS-MADE El OCCUR PROMS tEaoOarranal $
X Premise. and Operations X 4027220140 1/29/2021 1/29/2022 MAD EXP(Myonlwow) $ 15,000
_ Cararage Inc. XCU PERSONAL&ADV INJURY $ 1,000,000
GENT AGGREGATE UNIT APPLES PER GENERALAGOREOATE i 2,000,000
R POLICY El jF a L0C PRODUCTS $
2,000,000
I ' s
OTHER 1SI SINGLE LENT
ALROMOMIELUUNLrTY $ 1,000,000
X ANY AUTO BODILY INJURY(Par person) $
B — ALL OWNED X SCHEDULED 4026597472 1/29/2021 1/29/2022 BODILY INJURY(Per occident) $
_ AUTOS AUTOSNE oxidant]
i
X HIRED AUTOS X AUTOS
'— Uninsured maimed combined single $
X UMBRELLA UAB Hocc,JR 7012162215 1/29/2021 1/29/2022 EACH OCCURRENCE $ 5,000,000
A EXCU .LAB CLAIMS MADE Umbrella Follows roof AGGREGATE 6 5,000,000
DEC I X I-• TION s 0 Overrides GL a Auto only $
WORKERS COMPENSATION ZSTATUTE 1 l ER
AND EMPLOYERS'LIABILITY Y I N
ANY PROPRIETOR/PARTNER/EXECUTIVE El E.L.EACH ACCIDENT i
(M yEWME NH)EXCLUDED/ N/A
If yes
C EL.DISEASE-EA EMPLOYEE S
DESCRIPTION OF under)
below El.DISEASE-POLICY LIMIT i
DESCRIPTION OF OPERATIONS I LOCATIONS I mucus(ACoRO 101,Aadpomal newts schwa.,way be attached If mere space Is requited)
For any and all work performed on behalf of Collier County.
Collier County Board of County Commissioners, or, Board of County Comissioners in Collier County, or
Collier County Government, or Collier County are included as an additional Insured under the captioned
Commercial General Liability and Automobile Liability policies on a primary and non-contributory basis if
and to the extant required by written contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Collier County Board of County THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Commissioners
3295 TEdaiami Trail East AUTHORIZED REPRESENTATIVE
Naples, FL 34112
Wendy Hingson/V510 �.
401988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
INS025(201401)
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Corhpleted
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following: •
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. WHO IS AN INSURED is amended to include as an insured any person or organization whom you are required
by written contract to add as an additional insured on this coverage pant,but only with respect to liability for
bodily Injury,property damage or personal and advertising injury caused in whole or in part by Your acts or
omissions,or the acts or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract;or
B. in the performance of your work subject to such written contract,but only with respect to bodily injury or
property damage induded In the products-completed operations hazard,and only If:
1. the written contract requires you to provide the additional Insured such coverage;and
2. this coverage part provides such coverage.
II. But if the written contract requires:
A. additional Insured coverage under the 11-85 edition,10-93 edition,or 10-01 edition of CG2010,or under the
10-01 edition of CG2037;or
B. additional Insured coverage with"arising out or language;or
C. additional Insured coverage to the greatest extent permissible by law;
then paragraph I.above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required
by written contract to add as an additional insured on this coverage part,but only with respect to liability for
bodily injury,property damage or personal and advertising injury arising out of your work that is subject to
such written contract.
III. Subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not
provide such additional insured with:
A. coverage broader than required by the written contract;or
B. a higher limit of insurance than required by the written contract.
IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property
damage,or personal and advertising Injury arising out of:
A. the rendering of,or the failure to render,any professional architectural,engineering,or surveying services,
including:
1. the preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,
surveys,field orders,change orders or drawings and specifications;and
2. supervisory,inspection,architectural or engineering activities;or
B. any premises or work for which the additional insured is specifically listed as an additional insured on
another endorsement attached to this coverage part.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance Is
amended to add the following,which supersedes any provision to the contrary In this Condition or elsewhere in
this coverage part:
Primary and Noncontributory Insurance
CNA75079XX(10-16) Policy No:4-027220140
Page 1 of 2 Effective Dale:01/29/2021
insured Name:Pavement Maintenance,LLC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors -with Products-Cotrpleted
Operations Coverage Endorsement
With respect to other insurance available to the additional insured under which the additional Insured is a named
insured,this insurance Is primary to and will not seek contribution from such other insurance,provided that a
written contract requires the insurance provided by this policy to be:
1. primary and non-contributing with other insurance available to the additional insured;or
2. primary and to not seek contribution from any other insurance available to the additional Insured.
But except as specified above,this Insurance will be excess of all other insurance available to the additional
insured.
VI. Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL
GENERAL LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the
addition of the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the insurer written notice of any claim,or any occurrence or offense which may result in a claim;
2. send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the
investigation,defense,or settlement of the claim;and
3. make available any other insurance,and tender the defense and Indemnity of any claim to any other insurer
or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part.
However,if the written contract requires this insurance to be primary and non-contributory,this paragraph
3.does not apply to insurance on which the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer
receives written notice of a claim from the additional insured.
Vit.Solely with respect to the Insurance granted by this endorsement,the section entitled DEFINITIONS is amended
to add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or
organization an additional insured on this coverage part,provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy;and
B. was executed prior to:
1. the bodily injury or property damage;or
2. the offense that caused the personal and advertising injury;
for which the additional Insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and Is for attachment to the Policy issued by the designated insurers,takes
effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown
below,and expires concurrently with said Policy.
CNA75079XX(10-16) Policy No:4027220140
Page 2 of 2 Effective Date: 01/29/2021
Insured Name:Pavement Maintenance, LLC
Copyright CNA All Rights Reserved. Includes copyrighted malarial of Insurance Services Office,Inc.,with Its permission.