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Agenda 10/26/2021 Item #16C 7 (ITB #21-7912 w/R2T, Inc.)16.C.7 10/26/2021 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid ("ITB") No. 21-7912, "NCRWTP Chemical Bulk Tank Replacement," to R2T, Inc., in the amount of $519,556, and authorize the Chair to sign the attached Construction Services Agreement (Project 71066). OBJECTIVE: To maintain the reliability and sustainability of the chemical bulk storage tanks at the North County Regional Water Treatment Plant ("NCRWTP"). CONSIDERATIONS: The proposed scope of work under Project No. 71066, "NCRWTP Chemical Bulk Tank Replacement," is consistent with the FY2022 Budget approved by the Board on September 23, 2021. The NCRWTP utilizes two chemical bulk storage tanks approximately 15,000 gallons in capacity per each tank. These tanks are used to store sulfuric acid and sodium hydroxide (caustic) used in the potable water treatment process. This project replaces the existing chemical tanks, chemical feed lines and appurtenances that are 20 years old and nearing the end of their useful life. During tank replacement, a temporary storage tank supply system will be provided so that there will be no impact to plant production capabilities. On June 16, 2021, the Procurement Services Division posted ITB No. 21-7912 for construction of the NCRWTP Chemical Bulk Tank Replacement. The County received six bids by the July 20, 2021, deadline as summarized below. RESPONDENTS: Company Name City County ST Total Bid Responsive /Responsible R2T, Inc. Palm Beach Gardens Palm Beach FL $519,556.00 Yes/Yes Quality Enterprises USA, Inc. Naples Collier FL $992,453.56 Yes/Yes Odyssey Manufacturing Company Tampa Hillsborough FL 1 $998,000.00 Yes/Yes Lawrence Lee Construction Services, Inc. Stuart Martin FL $1,027,000.00 Yes/Yes PWC Joint Venture, LLC Fort Myers Lee FL $1,275,000.00 Yes/Yes BLDM USA Pompano Beach Broward FL $1,474,200.00 Yes/Yes Staff determined all the bidders to be responsive and responsible, and that R2T, Inc. ("R= ), a Palm Beach County company, is the lowest responsive and responsible bidder. R2T has been in business for 16 years and has performed satisfactory work for the County including current projects such as the NCWRF Effluent Filters No. 2 & 3 Equipment Replacement and the SCWRF Effluent Filter Equipment Replacement. Staff and engineering consultant, AECOM Technical Services, Inc., determined the low bid is fair and reasonable and recommends awarding the attached agreement to R2T. The engineer consultant evaluated R2T's references and deemed them acceptable to determine its experience on similar work magnitude judged within the last five years, prior experience, skill, and business standing, and of its ability to conduct the work as completely and timely as required under the terms of the Agreement. The bid is approximately 67% below the engineering consultant's $1,553,328.20 opinion of probable cost. Packet Pg. 1005 10/26/2021 16.C.7 AECOM Technical Services, Inc.'s estimation attempted to take into consideration the many unknown impacts that COVID-19 had and would have on the construction industry (labor and materials) and the disruption of global supply chains that have increasingly affected the cost of construction activities. Engineering, Procurement, and AECOM Technical Services, Inc., staff attended a pre -award meeting with R2T to discuss the difference between its bid, the other bidders, and the engineering consultant's opinion of probable cost. R2T indicated that it had received three quotes for the chemical tanks and that two of the quotes were approximately $300,000 less than the vendor listed in the project specifications. R2T further stated that it was comfortable with using the lower tank quotes in its bid. R2T also stated that if the alternate vendor tank submittal didn't comply with the specifications for any reason, they would supply a tank manufactured by the vendor specified at the price bid. The Procurement Services Division concluded bidding was competitive and representative of market conditions. The bid tabulation, bid analysis, engineer's letter of recommendation (DELORA), the Notice of Recommended Award (NORA) and contract are attached. FISCAL IMPACT: The source of funding is the water user fees Fund (412). The project is expected to be completed in 2022. Operating and maintenance costs are estimated to be the same. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To approve the award of ITB No. 21-7912, "NCRWTP Chemical Bulk Tank Replacement," to R2T, Inc. in the amount of $519,556, and authorize the Chair to sign the attached Agreement. (Project 71066) Prepared by: Tom Sivert, P.E., Senior Project Manager, Engineering & Project Management Division ATTACHMENT(S) 1.21-7912 - Bid Tabulation (PDF) 2.21-7912 - DELORA (PDF) 3.21-7912 - NORA Revised Executed (PDF) 4. [Linked] 21-7912 R2T_AgreementCAO (PDF) 5.21-7912 R2T_Insurance(PDF) Packet Pg. 1006 16.C.7 10/26/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.7 Doe ID: 20243 Item Summary: Recommendation to award Invitation to Bid ("ITB") No. 21-7912, "NCRWTP Chemical Bulk Tank Replacement," to R2T, Inc., in the amount of $519,556, and authorize the Chair to sign the attached Construction Services Agreement (Project 71066). Meeting Date: 10/26/2021 Prepared by: Title: Project Manager, Senior —Public Utilities Planning and Project Management Name: Tom Sivert 10/01/2021 10:24 AM Submitted by: Title: Division Director - Public Utilities Eng — Public Utilities Planning and Project Management Name: Tom Chmelik 10/01/2021 10:24 AM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Procurement Services Sue Zimmerman Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer Procurement Services Cynthia McCanna Additional Reviewer Public Utilities Operations Support Joseph Bellone Additional Reviewer Water Howard Brogdon Additional Reviewer Water Steve Messner Additional Reviewer Public Utilities Planning and Project Management Tom Chmelik Public Utilities Planning and Project Management Benjamin Bullert Public Utilities Department Drew Cody Level 1 Division Reviewer Public Utilities Department George Yilmaz Level 2 Division Administrator Review County Attorney's Office Scott Teach Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Susan Usher Additional Reviewer Growth Management Operations Support Christopher Johnson Completed 10/01/2021 12:03 PM Completed 10/01/2021 12:25 PM Completed 10/01/2021 1:48 PM Completed 10/01/2021 3:02 PM Completed 10/04/2021 7:45 AM Completed 10/04/2021 8:04 AM Completed 10/04/2021 9:33 AM Additional Reviewer Completed Additional Reviewer Completed Completed 10/04/2021 4:36 PM Completed 10/05/2021 1:22 PM Completed 10/06/2021 10:56 AM Completed 10/06/2021 11:02 AM Completed 10/06/2021 11:38 AM Completed 10/13/2021 11:50 AM Additional Reviewer Completed Packet Pg. 1007 16.C.7 10/26/2021 County Manager's Office Board of County Commissioners Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 10/19/2021 10:22 AM 10/26/2021 9:00 AM Packet Pg. 1008 :� a: ©a �� o . mo �� . :. � � � � �� 0� 0� �� 0� 0� �� 0� 0� �� 0� 0� �� 0� 0� 0� 0� 0� �� 0� 0� �� 0� 0� �� 0� 0� 0� 0� 0� �� 0� 0� �� 0� 0� �� 0� 0� 0� 0� 0� �� 0� 0� �� 0� 0� �� 0� 0� 0� 0� 0� �� 0� 0� 0� 0� 0� �� 0� 0� 0� 0� 0� �� 0� 0� 0� �� 0� �� 0� 0� 0� 0� 0� �� 0� �� 0� �� 0� 0� 0� 0� �� 0� 0� 0� 0� 0� �� 0� 0� 0� 0� 0� �� 0� Packet Pg. 1009 16.C.7.b AECOM August 31, 2021 Ms. Cynthia McCanna Procurement Strategist Collier County Procurement Services 3295 Tamiami Trail East Naples, FL 34112-5361 AECOM 4415 Metro Parkway Ste. 404 Fort Myers, FL 33916 www.aecom.com RE: AECOM Letter of Recommended Award Solicitation No 21-7912, NCRWTP Chemical Bulk Tank Replacement Dear Cynthia: 239-278-7996 tel 239-278-0913 fax AECOM Technical Services, Inc. (AECOM) has completed its review of the quotes submitted for the above referenced project. We are pleased to provide the following award recommendation. The scope of the NCRWTP Chemical Bulk Tank Replacement project includes the replacement of the existing bulk chemical tanks, the associated piping systems, as well as any ancillary equipment that may be required for a complete and functional system. Based upon the bid tabulation (attached) provided by the Collier County Purchasing Division, R2T, Inc. is the low bidder with a bid amount of $519,556.00. This bid amount is approximately 67% less than the Engineer's Opinion of Probable Construction Cost (EOPCC) amount of $1,553,328.20. R2T, Inc. is a full -service engineering firm that provides construction services with previous experience throughout the states of Georgia and Florida. Of the projects provided by R2T, Inc. as references, two involved work on chemical feed and storage systems. AECOM contacted the provided references to discuss whether the work performed on the projects by R2T, Inc., was done so acceptably. All four references were contacted successfully with the following responses being received: 1) Noonday Water Reclamation Facility Chemical Feed Improvements, Woodstock, GA AECOM contacted the Project Engineer for Cobb County Water System, the owner of the project. The reference contacted provided positive feedback on R2T, Inc.'s work stating satisfaction for the handling of all project processes, and commenting that R2T, Inc. is currently working on three other projects owned by Cobb County Water System. 2) PGA Wastewater Treatment Plant Blower Building, Nitrified Recycle Pump Station (NRCY) and Miscellaneous Electrical Improvements, Palm Beach Gardens, FL AECOM contacted the WW Department Manager for Seacoast Utility Authority, the owner of the project. The reference contacted provided positive feedback regarding R2T, Inc.'s work. The reference contacted commented that R2T, Inc. was quick to respond to any warranty issues, and that the project went smoothly all things considered with manufacturing delays due to COVID-19. 3) NaOCL, Biosolids, and Filter System Improvements at Tropical Farms & North Treatment Facilities, Stuart, FL. AECOM contacted the Project Manager for Martin County Utilities, the owner of the project. The referenced contacted provided positive Packet Pg. 1010 AECOM 16.C.7.b feedback on R2T Inc.'s work stating satisfaction for the handling of all project processes. 4) DEP SRF Pine Ave. Force Main Extension & PS Nos. 2&4 Rehabilitation, Phase 1, Green Cove Springs, FL. AECOM contacted the Water Utilities Director for the City of Green Cove Springs, the owner of the project. The reference contacted provided positive feedback on R2T, Inc.'s work stating that they exhibited safe work practices and communicated well with the owner. The reference contacted commented that he would be happy to work with R2T, Inc. again in the future. All four references that were contacted by AECOM provided positive feedback on R2T, Inc.'s work. R2T, Inc. submitted all the required bid forms and is the lowest responsive and responsible bidder. Because R2T's bid was significantly lower than the next low bidder, a pre -award meeting was scheduled on August 17 to discuss questions about their bid. R2T explained that the reason their bid was significantly less is because they propose to furnish and install chemical bulk storage tanks from an alternate tank supplier, which result in considerable cost savings. Additionally, they propose an innovative approach to using the existing chemical bulk storage tanks for temporary storage during construction. R2T was confident that the proposed substitute chemical bulk storage tanks comply with the specified requirements. The County informed R2T that award of the contract does not constitute approval of the proposed substitute tanks. Approval of the substitute chemical bulk storage tanks is subject to shop drawing review by AECOM during construction. If the proposed substitute chemical bulk storage tanks are not approved, then R2T is responsible to furnish and install the specified tanks. R2T understood and acknowledged this as their risk. Based on the above information, AECOM recommends R2T, Inc. be awarded the NCRWTP Chemical Bulk Tank Replacement project in the amount of $519,556.00. Please feel free to call me with any questions. Best regards, AECOM Technical Services, Inc. Dustin L. Chisum, PE Project Manager Packet Pg. 1011 TO Co ier County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 21-7912 Reference Check by: Maximilian Honigfort Solicitation Title: NCRWTP Chemical Bulk Tank Replacement Date: 08/26/21 Bidder's Name: R2T, Inc. Phone: (239) 821-4662 Design Entity: AECOM Technical Services, Inc. REFERENCED PROJECT: Noonday Water Reclamation Facility Chemical Feed Project Project Name: Improvements Location: Woodstock, GA Project Description: Demolishing of existing chemical feed facilities and installation of new chemical feed facilities. Contract Completion Date: 10/2019 Value: $2,237,955 Project Owner/Title: Cobb County Water System 660 S Cobb Drive, Marietta, Owner's Address: GA 30060 Phone: 770.419.6345 Owner's Contact Jake Murray, Person: PE E-Mail: Jake.murray@cobbcounty.org 1. Was project completed timely and within budget? (If not, provide detail) The project was within budget but was not completed within the proposed time. However, this was due to a subcontractor issue with regards to SCADA integration and did not have to do with R2T, Inc. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes, it was. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes. 4. Did the process run smoothly? Were there any changes? Describe below. The only notable change was a change in project manager during the course of the project. However, this transition was done very smoothly. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes, it was. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? There were some warranty items, but R2T, Inc. jumped right on them and addressed them quickly. 7. Additional comments: This was the first project that the owner worked with R2T, Inc. on in terms of construction. 16.C.7.b Packet Pg. 1012 The owner is currently working with them on three other projects. The owner's contact person found it useful 16.C.7.b and noteworthy that R2T Inc. has in-house engineering resources that can assist in construction services and provide input and solutions. Packet Pg. 1013 TO Co ier County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 21-7912 Reference Check by: Maximilian Honigfort Solicitation Title: NCRWTP Chemical Bulk Tank Replacement Date: 08/24/21 Bidder's Name: R2T, Inc. Phone: (239) 821-4662 Design Entity: AECOM Technical Services, Inc. REFERENCED PROJECT: PGA Wastewater Treatment Plant Blower Building, Nitrified Recycle Pump Station (NRCY) and Miscellaneous Electrical Project Name: Improvements Project Location: Palm Beach Gardens, FL Construction of a new blower building, pump station, and multiple electrical upgrades to Project Description: an existing 12 MGD WWTP. Completion Date: 5/2020 Contract Value: $5,245,490 Project Owner/Title: Seacoast Utility Authority 4200 Hood Road, Palm Beach Owner's Address: Gardens, FL 33410 Phone: 561.627.2900 ext. 1494 Owner's Contact Brent Person: Weidenhamer E-Mail: bweidenhamer@sua.com 1. Was project completed timely and within budget? (If not, provide detail) The project was completed within budget, but not within the proposed time. However, this was not a fault of R2T, Inc., but rather due to manufacturing delays. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes. 4. Did the process run smoothly? Were there any changes? Describe below. The only changes that were made were owner directed. Other than that, the project went as smoothly as could be considering manufacturing delays due to COVID-19. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? One warranty issue regarding a blower, but this was related to the blower manufacturer. R2T, Inc. responded quickly to any warranty issues. 16.C.7.b Packet Pg. 1014 7. Additional comments: 16.C.7.b No additional comments. M It N O N Q O J W 0 N r O� ti N C d E M V R a+ a Packet Pg. 1015 TO Co ier County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 21-7912 Reference Check by: Maximilian Honigfort Solicitation Title: NCRWTP Chemical Bulk Tank Replacement Date: 08/24/21 Bidder's Name: R2T, Inc. Phone: (239) 821-4662 Design Entity: AECOM Technical Services, Inc. REFERENCED PROJECT: NaOCL, Biosolids, and Filter System Improvements at Tropical Farms & North Project Project Name: Treatment Facilities Location: Stuart, FL Expansion and rehabilitation of an existing WTP and WWTP and the Tropical Farms and Project Description: North Facilities. Completion Date: 2/2020 Contract Value: $4,924,000 Project Owner/Title: Martin County Utilities 3473 SE Willoughby Owner's Address: Boulevard, Stuart, FL 34996 Phone: 772.223.7957 Owner's Contact Person: Darrell Schuler E-Mail: dschuler@martin.fl.us 1. Was project completed timely and within budget? (If not, provide detail) In terms of everything in the contract, yes. There were some change orders, but as the site is 20 years old, unforeseen circumstances were bound to happen. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes. 4. Did the process run smoothly? Were there any changes? Describe below. No changes. The process ran smoothly. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? There were no warranty issues following closeout. 7. Additional comments: No additional comments. 16.C.7.b Packet Pg. 1016 cor county Administrative Services Deparlbrnent Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 21-7912 Reference Check by: Maximilian Honigfort Solicitation Title: NCRWTP Chemical Bulk Tank Replacement Date: 08/24/21 Bidder's Name: R2T, Inc. Phone: (239) 821-4662 Design Entity: AECOM Technical Services, Inc. REFERENCED PROJECT: DEP SRF Pine Ave. Force Main Extension & PS Nos. 2&4 Rehabilitation, Phase Project Project Name: 1 Location: Green Cove Springs, FL Project Description: Rehabilitation of two existing submersible pump stations. Contract Completion Date: 3/2020 Value: $2,013,731 Project Owner/Title: City of Green Cove Springs 321 Walnut Street, Green Owner's Address: Cove Springs, FL Phone: 904.219.7540 Owner's Contact Person: Scott Schultz E-Mail: sschultz@greencovesprings.com 1. Was project completed timely and within budget? (If not, provide detail) Yes. There were a couple of change orders that were mostly generated by the owner, but otherwise yes. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes. 4. Did the process run smoothly? Were there any changes? Describe below. No changes. R2T, Inc. did a great job of communicating well with the owner and provided suggestions on things that could be improved. Any interactions with customers went well and R2T, Inc. exhibited safe work practices, good traffic management, and overall, did a great job. S. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? There were no warranty issues that had to do with R2T, Inc. There were generator warranty issues, but they did not involve R2T, Inc. 7. Additional comments: 16.C.7.b The contact person stated that he would be happy if R2T, Inc. bid on future projects of the owner. Packet o,. 1017 16.C.7.c DocuSign Envelope ID:1F26F501-3D9B-4EO7-A606-B736C290DOA3 ® ,e-t° county Administrative Services Department Procurement Services Division _ Date: September 9, 2021 Notice of Recommended Award Solicitation No.: 21-7912 Title: NCRWTP Chemical Bulk Tank Replacement Bid Due Date and Time: July 20, 2021 @ 3:00 pm RESPONDENTS: Company Name City t�zl 43e t c 4. , ', County tea /" � � , ST Total Bid Responsive /Responsible R2T, Inc. Reswe# se F-uaton- FL $519,556.00 Yes/Yes Quality Enterprises USA, Inc. Naples Collier FL $992,453.56 Yes/Yes Odyssey Manufacturing Company Tampa Hillsborough FL $998,000.00 Yes/Yes Lawrence Lee Construction Services, Inc. Stuart Martin FL $1,027,000.00 Yes/Yes PWC Joint Venture, LLC Fort Myers Lee FL $1,275,000.00 Yes/Yes BLDM USA Pompano Beach Broward FL $1,474,200.00 Yes/Yes Utilized Local Vendor Preference: Yes E:] No E:] N/A On June 16, 2021, the Procurement Services Division issued ITB Solicitation 21-7912 NCRWTP Chemical Bulk Tank Replacement, to thirty-four thousand seventy-eight (34,078) vendors. Vendors viewed seventy-three (73) bid packages and on July 20, 2021, the County received six (6) bids, as summarized above. Staff reviewed the bids received. All bids were deemed responsive and responsible. Staff determined that R2t, Inc., is the lowest responsive and responsible bidder. Staff therefore recommends the contract be awarded to R2T, Inc., the lowest responsive and responsible bidder, for a total contract amount of $519,556.00. Project Manager: Tom by: DOME... Required Signatures I Procurement Strategist: Cynthia McCahndV y/y/ZUZ1 Procurement Services Director: ned by: [_�� H"U44 9/9/2021 `_3nh'H' Wrera Tab 2 - Appendix 11 - Template — Notice of Recommended Award — NORA—rev 02-14-20 Packet Pg. 1018 DATE (M 16.C.7.e I ACORDTM CERTIFICATE OF LIABILITY INSURANCE I 9/22/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Amber Zell FAX Marsh &McLennan Agency LLC NAME: PHONE 770-683-1000 A A/C, No, Ext : A/C, No): 770-683-1010 P. O. Box 71429 ADDRIESS, amber.zell@marshmma.com 47 Postal Parkway INSURER(S) AFFORDING COVERAGE NAIC # Newnan, GA 30271-1429 Transportation Insurance Company 20494 INSURED Client#: 653633 R2TINC1 R2T, Inc. 580 W. Crossville Road Suites 101-102 Roswell, GA 30075 INSURER A . INSURER B : Continental Casualty Company 20443 INSURER C : Columbia Casualty Company 31127 INSURER D: The Continental Insurance Company 35289 INSURER E: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP W MM/DD/YY LIMITS A X COMMERCIAL GENERAL LIABILITY X X 5084059559 7/28/2021 07/28/2022 EACH OCCURRENCE $1 000,000 CLAIMS -MADE � OCCUR PREMISES ERENTED r nce $100,000 MED EXP (Any one person) $15,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO - POLICY JECT LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: D AUTOMOBILE LIABILITY X X 2095995258 7/28/2021 07/28/202 Ea acccidentSINGLE LIMIT 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY A X UMBRELLA LIAB X OCCUR 5084059478 07/28/2021 07/28/2022 EACH OCCURRENCE s6,000,000 AGGREGATE s6,000,000 EXCESS LIAB CLAIMS -MADE DED I X RETENTION $10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? F (Mandatory in NH) N / A X 5084059514 7/28/2021 07/28/202 X PER oTH- ST ATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional/Poll CZB591951191 7/28/2021 07128/2022 $2,000,000/$2,000,000 A Rented/Leased Eqp 5084059559 07/28/2021 07/28/2022 $2,000,000/$2,000,000 D Hired/Ph s Damage 2095995258 07/28/2021 07/28/202 $1,000/Com /Coll Ded DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) (GL) Additional Insured/Primary and Non -Contributory and Waiver of Subrogation per Forms CNA748580115 and CNA749870115. (CAU) Additional Insured/Primary and Non -Contributory per Form CA20481013 and CNA63359GA0512. (CAU) Waiver of Subrogation per Form CA04441013 (WC) Waiver of Subrogation per Form WC0003130484 (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Colliers County Board of County Commissioners 3295 Tamiami Trail E C-2 Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Q © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD Packet Pg. 1019 #S8718613/M8552891 JJSXT DESCRIPTIONS (Continued from Page 1) 1 16.C.7.e Re: Project #21-792 - Job: NCRWTP Chemical Bulk Tank Replacement Full certificate holder: Colliers County Board of County Commissioners, or Board of County Commissioners in Collier County, Collier County Government, or Collier County, 30 Day Notice as per Insurer specific form to be listed upon policy issuance. SAGITTA 25.3 (2016/03) 2 of 2 #S8718613/M8552891 Packet Pg.1020 16.C.7.e CNA CNA PARAMOUNT Primary and Noncontributory - Other Insurance Condition Endorsement This: endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART It is understood and agreed that the condition entitled Other Insurance is amended to add the following: Primary And Noncontributory Insurance Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. the additional insured is a named insured under such other insurance; and b. the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 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. CNA74987XX (1-15) Policy No: 5084059559 Page 1 of 1 Endorsement No: 14 AMERICAN CASUALTY CO OF READING, PA Effective Date: 07 28. 2021 Insured Name: R2T, INC. copyright CNA All Rights Reserved Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 1021 16.C.7.e CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL_ GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Additional Insured — Extended Coverage 4. Boats 5. Bodily Injury — Expanded Definition 6. Broad Knowledge of Occurrence/ Notice of Occurrence 7. Broad Named Insured 8. Contractual Liability — Railroads 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury — Exception for Reasonable Force 11. General Aggregate Limits of Insurance — Per Location 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 16. Legal Liability — Damage To Premises 16. Liquor Liability 17. Medical Payments 18. Non -owned Aircraft Coverage 19. Non -owned Watercraft 20. Personal And Advertising Injury — Discrimination or Humiliation 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage — Elevators 23. Retired Partners, Members, Directors And Employees 24. Supplementary Payments 25. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation — Blanket 27. Wrap -Up Extension: OCIP, CCIP or Consolidated (Wrap -Up) Insurance Programs CNA74858XX (1-15) Policy No: 5084059559 Page 1 of 18 Endorsement No: 6 AMERICAN CASUALTY CO OF READING, PA Effective Date: 07/28/2021 Insured Name: R2T, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office. Inc.. with its permission. Packet Pg. 1022 16.C.7.e CNA Architects, 1. ADDITIONAL INSUREDS CNA PARAMOUNT Engineers and Surveyors General Liability Extension Endorsement a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through I. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organizaton's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily injury, property damage or personal and advertising Injury caused in whole or in part by the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured's premises; or b. in the performance of the Named Insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily Injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named Insured, including but not limited to: CNA74M8XX (1-15) Policy No: 5084059559 Page 2 of 18 Endorsement No: 5 AMERICANI CASUALTY CO OF READING, PA Effective Date: 07'28?202I Insured Name: R2T, INC. Copyright CNA All Rights Reserved Includes copyrighted material of insurance SeMms office, inc., with ib permission. Packet Pg. 1023 16.C.7.e REM M am i--a l� r� CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. supervisory, inspection, architectural or engineering activities. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, In whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease- E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily Injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessors real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured, G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receivers liability for bodily Injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Tamed Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Govemmentat Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily Injury, property damage or personal and advertising Injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or CNA74858XX (1-15) Policy No: 5084059559 Page 3 of 18 Endorsement No: 5 AMERICAN CASUALTY CO OF READING, PA Effective Date: 07/28/2021 Insured Name: R2T, INC. Copyright CNA A]] Rights Reserved. Inthides copyrighted material of Insurance Servloes Office. Inc.. with its permission. Packet Pg. 1024 16.C.7.e CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability i Extension Endorsement 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising Injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation In a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily Injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily Injury or property damage included within the products -completed operations hazard, 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSUREDS INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the fo4owing paragraph. - If the Named Insured has agreed in writing in a contract or agreement that this insurance Is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional Insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED — EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage tart, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; CNA74$58XX (1-15j Policy No: 5084059559 Page 4 of 18 Endorsement No: 6 AMERICAN CASUALTY CO OF READING, PA Effective Date: 07 28/2021 Insured Name: R2T, INC. Copyright cNA All Rights Reserved. Incwdes copydghted mateMl of Insurance Services OtBoe, Inc., with its permisslon. Packet Pg. 1025 16.C.7.e - -- ........ —..... .. f- CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured's inspection or surveying work. 5. BODILY INJURY— EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily Injury Is deleted and replaced by the following: Bodily Injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured Is aware that this insurance may apply to such occurrence, offense or claim. 7. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there Is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have CNA74858XX (1-15) Policy No: 5084059559 Page 5 of 18 Endorsement No: 6 AMEF. TCAN CASUALTY CO OF READING, PA Effective Date: 07 28:2021 Insured Name: R2T, INC. Copyright CNA Ali Rights Reserved. Indudes copyrighted material of Insurance Services Office. Inc., with its permission. Packet Pg. 1026 16.C.7.e ACMA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily Injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising Injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The Insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 8. CONTRACTUAL LIABILITY —RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: CNA74858XX (1-15) Policy No: 5084059559 Page 6 of 18 Endorsement No: 6 AMERICAN CASUALTY CO OF READING, PA Effective Date: 07 28 2021 Insured Name: R2T, INC. copyright CNA All Rights Reserved. Includes oopydoted material of Insurance Servkes aRioe, Inc. with its pem*sion. Packet Pg. 1027 16.C.7.e CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that Is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any natural person Insured or living trust shall also be insured under this policy; provided, however, coverage is afforded to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse, No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the spouse of a natural person Named Insured, and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business- 10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily Injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C. t� that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Llmlt shown In the Declarations, nor the Location General Aggregate Limit of any other location. B. All: I� 1. Damages under Coverage B- regardless of the number of locations involved; lam CNA74858XX (1-15) Policy No: 5084059559 Page 7 of 18 Endorsement No: 5 AMERICAN CASUALTY CO OF READING, PA Effective Date: 07 28:2021 Insured Name: R2T, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services O}rce, Inc.. with its permissm. Packet Pg. 1028 11i.C.7.e CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown In the Declarations. C. For the purpose of this GENERAL. AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, "location" means: 1. a premises the Named Insured owns or rents; or 2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of Insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single location. D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard, regardless of the number of locations involved, will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident - A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's pnmary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily Injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and CNA74858XX (1-15) Policy No: 5084059559 Page 8 of 18 Endorsement No: 6 AMERICAN CASUALTY CO OF READING, PA Effective Date: 07/28/2021 Insured Name: R2T, INC. Copyright CNA All Rights Reserved. Includes coWghted material or Insurance Services office, Inc., with Its permission. Packet Pg. 1029 16.C.7.e CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: 1. add the following to the Employers Liability exclusion: This exclusion applies only If the bodily injury arising from a health care Incident is covered by other liability insurance available to the Insured Ivor which would have been available but for exhaustion of its limits). It. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. III. to add the following additional exclusions: This Insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care Incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: 1. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; CNA74858XX (1-15) Policy No: 5084059559 Page 9 of 18 Endorsement No: 6 AMERICAN CASUALTY CO OF READING, PA Effective Date: 07/28/2021 Insured Name: R2T, INC. Copyright CNA All Rights Reserved. Indudes copyrighted mate" of Insurance services office Inc,, with its permis m. Packet Pg. 1030 16.C.7.e CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist: h. Psychologist; i. Speech therapist; J. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. It. delete the definition of occurrence and replace it with the following. - Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance. situation, transaction, event, advice or decision will be considered to constitute a single occurrence; Ili. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily Injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily Injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily Injury arises out of a health care Incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance CNA74858XX (1-15) Page 10 of 18 AMERICAN CASUALTY CO OF READING,PA Insured Name: R2T, INC. Policy No: 5084059559 Endorsement No: 6 Effective Date: 07 28/2021 Copyright CNA All Rights Reserved Includes copyrighted material of Insurance Services OHioe, Inc, with its permission Packet Pg. 1031 16.C.7.e CIVA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Excess Insurance (1) To the extent this Insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES I PARTNERSHIP I LIMITED LIABILITY COMPANIES A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO IS AN INSURED: If the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to Its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising Injury arising out of such offense, first occurred after such termination date; b. the bodily Injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company_ If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) Insurance program, then such insurance will a!ways be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising Injury that would otherwise be covered under the Architects, Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. B. Participation In Current Professional Joint Ventures The following is added to WHO IS AN INSURED: The Named Insured is also an Insured for participation in a current joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria: a. Each and every one of the Named Insured's co -venturers are architectural, engineering or surveying firms only; and b. There is no other valid and collectible insurance purchased specifically to insure the joint venture, ver, the Named Insured is an Insured only for the conduct of such Named Insured's business within such a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other co - venturers, nor of their partners, members or employees. i C. WHO IS AN INSURED Is amended to delete its last paragraph and replace it with the following: Except as provided under this Architects, Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement (if any), no person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. CNA74858XX (1-15) policy No: 5084059559 Page 11 of 18 Endorsement No: 5 AMERICAN CASUALTY CO OF READING, PA Effective Date: 07 28,2021 Insured Name: R2T, INC. Copyright CNA All Rights Reserved Indudes copyrighted material of Insurance services Office. Inc., with its permission. Packet Pg. 1032 16.C.7.e CNA CNA PARAMOUNT] Architects, Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY — DAMAGE TO PREMISES 1 ALIENATED PREMISES ! PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion J. Damage to Property in Its entirety and replace it with the following: This insurance does not apply to: j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property, (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured, (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on It. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, not to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products -completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a Job site awaiting or during such property's installation, fabrication, or erection; b. property that Is mobile equipment leased by an Insured; CNA74858XX (1-15) Page 12 of 18 AMERICAN CASUALTY CO OF READING,PA Insured Name: R2T, INC. Policy No: 5084059559 Endorsement No: 6 Effective Date: 07'28 ,2021 Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance ServIces Office. Inc., with Its pem maim. Packet Pg. 1033 16.C.7.e i CNA CNA PARAMOUNT ' Architects, Engineers and Surveyors General Liability Extension Endorsement c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible Insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of Its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000, The Insurer has the right but not the duty to pay any portion of this $1,000 In order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following_ 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000: or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(11) of the Other Insurance Condition is deleted and replaced by the following: (11) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by e the Named Insured with the permission of the owner: or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY ice? Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liabllity, This LIQUOR LIABILITY Provision does not apply to any person or organizatlon who otherwise qualifies as an additional insured on this Coverage Part. CNA74858XX (1-15) Policy No: 5084059559 Page 13 of 18 Endorsement No: 6 AMERZCAN CASUALTY CO OF READING, PA Effective Date: 07/28.2021 Insured Name: R2T, INC. CopyVi CNA All Rights Reserved Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 1034 16.C.7.e CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of (1) $15,000 unless a different amount is shown here: $N,NNN.NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C - Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B - Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: CNA74858XX (1-15) Policy No: 5084059559 Page 14 of 18 Endorsement No: 6 AMERICAN CASUALTY CO OF READING, PA Effective Date, 07!28!2021 Insured Name: R2T, INC. Copyright CNA All Rights Reserved Includes copyrighted material of Insurance 5ervioes office. Inc w4h Its permission Packet Pg. 1035 16.C.7.e CNA CNA PARAMOUNT i Architects, Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising Injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY provision, the following changes are made to the section enticed SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following; d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 21(2)(b) is deleted and replaced by the following. - So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred CNA74858XX (1-15) Policy No: 5084059559 Page 15 of 18 Endorsement No: 6 AMERICAN CASUALTY CO OF READING, PA Effective Date: 07/28/2021 Insured Name: R2T, INC. Copyright CNA M Rights Reserved. ln"es copyrighted material of Insurance services Office, Inc.. with its permission. Packet Pg. 1036 16.C.7.e CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement by the lndemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising Injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY -LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other Insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5.000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: GNA74858XX (1-15) Policy No: 5084059559 Page 16 of 18 Endorsement No: 6 AMERICAN CASUALTY CO OF READING, PA Effective Date: 07 28.2021 Insured Name: R2T, INC. Copyright CNA All Rights Reserved. IndWes copyrighted material of insurance services 0111ce. Inc., with its permission. Packet Pg. 1037 16.C.7.e CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. is In effector becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising Injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) Insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured Is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of-- 1. Bodily injury, property damage, or personal or advertising Injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf-, nor 2. Bodily Injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4.Other Insurance Is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant In a consolidated (wrap-up) Insurance program, but only as respects the Named Insured's involvement In that consolidated (wrap-up) Insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) Insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance 4 covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: r 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, i� college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. CNA74858XX (1-15) Pollcy No: 5084059559 Page 17 of 18 Endorsement No: 6 AMERICAN CASUALTY CO OF READING, FA Effective Date: 07 2812021 Insured Name: R2T, INC. Copyrot CNA AJI Rights Reserved Includes eopyAgMed material of Insurance Services Office, Inc., with its permission. Packet Pg. 1038 16.C.7.e CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 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. CNA74858XX (1-15) Policy No: 5084059559 Page 18 of 18 Endorsement No: 6 AMERICAN CASUALTY CO OF READING, PA Effective Date: 07,28.2021 Insured Name: R2T, INC. Copyright CNA All Rights Reserved Includes oopyrighted material of Insurance Services o1ioe, Inc. with its permission Packet Pg. 1039 16.C.7.e CNA Business Auto Policy Policy Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to SECTION 11, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.I. does not apply to any such entity that is an Insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II - WHO IS AN IINSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings SECTION 11, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(21, the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(41, the limit for the loss of earnings is changed from $250 to $500 a day. Form No: CNA63359GA 105-2012) Policy No: BUA 2095995258 Endorsement Effective Date: Endorsement Expiration Date. Policy Effective Date: 07.28f2021 Endorsement No: 12; Page: 1 of 4 Policy Page: 70 of 122 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 s Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Packet Pg. 1040 16.C.7.e CNA C. Fellow Employee SECTION ll, Paragraph B.6 does not apply. Business Auto Policy Policy Endorsement Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage - Hitting A Bird Or Animal - Failing Objects Or Missiles The following is added to SECTION III, Paragraph AA: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses SECTION III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses SECTION III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to SECTION Ill. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto, No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E. Airbag Coverage The following is added to SECTION Ill, Paragraph 8.3.: Form No: CNA63359GA 105-20121 Policy No: BUA 2095995258 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 07 28 2021 Endorsement No: 12; Page: 2 of 4 Policy Page: 71 of 122 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Packet Pg. 1041 16.C.7.e Business Auto Policy Policy Endorsement The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment SECTION III, Paragraphs 8.4.c and 8.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. Ill. Drive Other Car Coverage Executive Officers The following is added to SECTIONS II and III: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that "executive officer" or a member of that person's household; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered auto; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to SECTION IV, Paragraph A.2.a.: (4) Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to SECTION IV, Paragraph A.2.b.: (6) Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to SECTION IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. Form No: CNA63359GA 105-20121 Policy No: SUA 2095995268 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:07'28 2021 Endorsement No: 12; Page: 3 of 4 Policy Page: 72 of 122 Underwriting Company: Continental Casua'ty Company, 151 N Franklin St, Chicago, IL 60606 ' Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Packet Pg. 1042 16.C.7.e CNA You must agree to that requirement prior to an accident or loss. C. Concealment, Misrepresentation or Fraud The following is added to SECTION IV, Paragraph B.2.: Business Auto Policy Policy Endorsement Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to SECTION IV, Paragraph B.6.- Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E. Policy Period, Coverage Territory SECTION IV, Paragraph B. 7.(5).(al. is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS SECTION V. Paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Form No: CNA63359GA (05-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 12; Page: 4 of 4 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60806 Policy No: 9UA 2096995258 Policy Effective Date: 07l28,2021 Policy Page- 73 of 122 Copyright CNA All flights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Packet Pg. 1043 16.C.7.e DNA 1 Business Auto Policy Policy Endorsement It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization THE CADMUS GROUP INC CHOATE CONSTRUCTION COMPANY PHILADELPHIA WATER DEPARTMENT CH2M HILL AND CLAYTON COUNTY FULTON COUNTY GOVERNMENT - PURCHASING DEPARTMENT DEKALB COUNTY CONSENT DECREE CCWA FACILITY EVALUATIONS CH2M HILL, INC 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. 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 Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71527XX (10-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 13; Page: 1 of 1 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 2095995258 Policy Effective Date: 0712&2021 Policy Page: 74 of 122 Copyright CNA All Rights Reserved. Packet Pg. 1044 16.C.7.e CNA Business Auto Policy Policy Endorsement �I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: R2T, INC. Endorsement Effective Date: 07/28/2020 SCHEDULE Names) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Form No: CA 04 44 10 13 Policy No: BUA 2095995258 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 07128/2021 Endorsement No: 3; Page: 1 of 1 Policy Page: 46 of 122 Underwriting Company: Continenta Casualty Company, 151 N Franklin St, Chicago, IL 60606 Copyright Insurance Services Office, Inc., 2011 Packet Pg. 1045 16.C.7.e 44 i 1h 8 b n CNAWorkers Compensation And Employers Liability Insurance Nil q,.{: 1 I{ 11.. NoM I0 li!!Milrird lil I II �El i � ,t� i t`11"',.t i 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 from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. 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 Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No WC 00 03 13 104 1984) Endorsement Effective Date Endorsement Expiration date: Endorsement No 9; Page. i of 1 Underwriting Company Coritinantal Casualty Company, 151 N Franklin St. Chicago IL 60606 Policy No- WC 5 84059514 Policy Effective Date- 07+2&711T' Policy Page: 85 of 148 Copyrig-it 1983 Nat oval Co,,-tc I o-x Compensation nsurance. .. Packet Pg. 1046 16.C.7.e CNA Paramount Excess and Umbrella Liability Policy PARAMOUNT EXCESS AND UMBRELLA LIABIL11 Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. The "Insurer" refers to the insurer providing this insurance as set forth on the Declarations of this Policy. Words and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS. I. COVERAGES A. Coverage A - Excess Follow Form Liability The Insurer will pay on behalf of the Insured those damages in excess of the applicable underlying limits. Coverage hereunder will attach only after the full amount of the applicable underlying limits have been exhausted through payment in legal currency of covered loss under all applicable underlying insurance and to which this Coverage A applies. Coverage A under this Policy will then apply in conformance with the provisions of the applicable underlying insurance except for the premium, limits of insurance, deductible, retentions, or any defense obligations and any other terms and conditions specifically set forth in this Policy. Upon exhaustion of the applicable underlying limits, the Insurer shall only pay for damages in excess of the applicable underlying limits. This Coverage A does not provide coverage for any loss not covered by the applicable underlying insurance except and to the extent that such loss is not paid under the applicable underlying insurance solely by reason of the exhaustion of the applicable underlying limits through payment of loss thereunder. This Coverage applies: 1. if the applicable underlying insurance is on an occurrence basis, then only if that which must take place in the policy period of the underlying insurance in order to trigger coverage, takes place during this policy period; and 2. if the applicable underlying insurance is on a claims made basis, then only if: a. that which must take place in the underlying insurance in order to trigger coverage, takes place after the retroactive date and prior to the end of the policy period; and b. the claim is first made during the policy period. B. Coverage B - Umbrella Liability The Insurer will pay on behalf of the Insured those damages in excess of the retained amount: 1. that an Insured becomes legally obligated to pay because of bodily injury, property damage or personal and advertising injury; or 2. because of liability for bodily injury or property damage assumed under an insured contract, provided the bodily injury or property damage occurs subsequent to the execution of such insured contract; and provided that: a. the bodily Injury or property damage occurs during the policy period; b. the bodily injury or property damage is caused by an occurrence that takes place in the coverage territory; Form No: CNA75504XX (03-2015) Policy No: CUE 5084059478 Policy Page: 1 of 32 Policy Effective Date:07 28 2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 12 of 61 Copyright CNA All Rights Reserved. Packet Pg. 1047 16.C.7.e CNA Paramount Excess and Umbrella liability Policy c. the personal and advertising injury is caused by an offense arising out of the Named Insured's business; and d. the offense giving rise to personal and advertising injury was first committed during the policy period and in the coverage territory; Provided, however, that Coverage B - Umbrella Liability: I. does not apply to: (a) any part of damages to which underlying insurance applies; or (b) any part of damages to which underlying insurance would have applied regardless of: 11) the availability of underlying insurance; or (2) the exhaustion of the applicable underlying limits; (cl any defense costs related to damages as described in a. and b. above. II. applies only if prior to the effective date of the policy period, no authorized Insured: (a) knew that such bodily injury or property damage had occurred, in whole or in part. If any authorized insured knew, prior to the policy period, that any such bodily injury or property damage had occurred, then any continuation, change or resumption of such bodily Injury or property damage during or after the policy period will be deemed to have been known prior to the policy period; or (b) knew that any offense giving rise to personal and advertising injury had occurred, in whole or in part. Bodily injury or property damage which occurs during the policy period and was not, prior to the policy period, known to have occurred by any authorized insured, includes any continuation, change or resumption of that bodily injury or property damage after the end of the policy period. An authorized insured will be deemed to know: 1. that such bodily injury or property damage occurred, at the earliest time when such authorized insured: a. reports the bodily injury or property damage to the Insurer or any other insurer; b. receives a claim arising out of the bodily injury or property damage; or c. becomes aware by any other means that the bodily injury or property damage has occurred or has begun to occur; 2. that such offense giving rise to personal and advertising injury occurred, on the date of the first utterance or dissemination or, if there is no utterance or dissemination, then on the first date of the activity giving rise to a claim. C. Coverage C - Crisis Management Expenses The Insurer will reimburse the Named Insured for crisis management expenses incurred by the Named Insured as a direct result of its response to a crisis management event that first occurs during the policy period, provided: 1 such crisis management event is reported to the Insurer as soon as reasonably practicable following the crisis management event, or within 72 hours after such crisis management event begins if such crisis management event is likely to give rise to bodily injury or property damage; Form No: CNA75504XX (03.2016) Policy No: CUE 5084059478 Policy Page- 2 of 32 Policy Effective Datw 07:28r2021 ' Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 13 of 61 Copyright CNA All Rights Reserved. Packet Pg. 1048 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMM18SIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with R2T, Inc. ("Contractor") of 500 Village Square Crossing, Suite 202, Palm Beach Gardens, FL 33410, a Foreign Profit Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with NCRWTP Chemical Bulk Tank Replacement, Invitation to Bid No. 21-7912 ("Project"), as said Work is set forth in the Plans and Specifications prepared by ,AECOM Technical Services, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement' and sometimes as the "Contract'). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Five Hundred Nineteen Thousand Five Hundred Fifty -Six Dollars ($519,556.00). Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.frns_tr_eas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. 1 01ko Conslruclion Services Agreement: Revised 01.26.21 (v10) B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and U uldated Damaq A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within three hundred thirty-five (335) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fall to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand Six Hundred Ninety Dollars ($1,690.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period_ If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 2 Gonslruction Services Agreement: Revised 01.28.21 (vt0) caa D. Determination of Number of pays of Default. For all contracts, regardless ofwhetherthe Contract Time is stipulated in calendar days orworking days, the Owner will count default days in calendar days. E, Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue: to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner_ The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The fallowing documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #21-7912 1'NCRINTP Chemical Bulk Tank Replacement." Exhibit A-1: Contractor's Rid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms [I Not Applicable Exhibit 13-2: Performance Bond Forms ❑ Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions s Conslruc[W Sen+lces Agreement: Revised 01,26.21 (v10) Exhibit I: Supplemental Terms and Conditions ❑ Applicable ® Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #21-7912 "NCRWTP Chemical Bulk Tank Replacement." The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: hops:Ilwww,bidsyric.coin/bids ync-cas(, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding_ ®Exhibit J: Technical Specifications ❑Exhibit K: Permits [Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by AECGM Technical Services, Inc. ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Public Utilities Engineering & Project Management Division 2885 Horseshoe Drive S Naples, FL 34104 Attn: Torn Sivert, Senior Project Manager Phone: 239-252 5376 Email: Tom.Sivert@colliercountvfl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor small be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: R2T, Inc. 680 W. Crossville Rd., Suite 101 Roswell, GA 30075 Attn: George Ajy, VP Phone: (561) 775-0009 Email: George.Ajy a.r2 inc_com C. Either party may change its above noted address by givirzg written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES, 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: a Construction Services Agiteement Revised 01,28.21 (00) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s, 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. SectionIS. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. 5 Conalructlon Services Agreement: Revised 01,28.21 (v10) , �Q Section 1 B. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. wwyeve 6 Construction Services Agreement: Revised 01.28,21 (V10) �A� IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. ZTNESSES: I FIR THE ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller BY: Approved as to Form and Legality: Assistant County Attorney Print Name CONTRACTOR: R2T, Inc. By: ?K Print Name and Tie Date OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: PENNY TAYLOR , Chair r construction services Agreement: Revised 01.28.21 (vi0) GAn EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE {FOLLOWING THIS PAGE 8 Construction Services Agreement; Revised 01.28.21 (00) OA� Solicitation No: 21-7912 Solicitation Title: NCRWTP Chemical Bulk Tank Replacement Bid Due Date: July 20, 2021 @ 3:00 PM BID SCHEDULE BIDDER: RZT, Intr ITEM ITEM DI"SCRIPTION UNITS QUANTITY PER UNIT EXTENDED NO. 1 Mobilization / bemobilitation (not to exceed 10 %a of Trade Subtotal) L5 1 $ 20,000.00 $ 20,000.00 2 Demolition L5 1 $ 27,671.00 $ 27,671.00 3 Bulk Tank Installation LS 1 $ 305,386.00 $ 305,386.00 4 Piping Installation LS 1 $ 95,423,00 $ 95,423.00 S Temporary Chemical Systems L5 1 $ 21,075.00 $ 21,076.00 Trade Subtotal $ 469,556,00 6 Owner`s Allowance T/M 1 $ 50,000.00 $ 50,000.00 TOTAL BID FOR ITEMS 1 THROUGH 6 + OWNERS ALLOWANCE $ 519,556.00 "Owners Allowance - for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part of the Contract Price Is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change." OAO EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE Conslrucllon Services Agreement: Revised 01.28.21 (00) OCAO Appendix F - Template - Addendum Email: (Cynthia, McCanna@acolliercountyfl.gov) co. icr cove ty Telephone: (239-252-8992) AdministraWa Services Division Purchasing ADDENDUM #1 Memorandum Date: June 30, 2021 From: Cynthia McCanna, Procurement Strategist To: Interested parties Subject: Addendum #1 21-7912 - NCRVVTP Chemical Bulk Tank replacement This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. ADDITION: The "Meeting Minutes" and "Sign -in Sheets" from the June 29, 2021, Pre -Bid Meeting and Site Visit have been posted to laid$ync. CHANGE: - Solicitation document and Bid instructions. revised to 180 days Solicitation Document Template revised from 120 days to 180 days -first page of the Invitation to Bid Solicitation document The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundredeinhtV (180) days from the bid opening date without the consent of the Successful Bidder, The Construction Invitation to Bid Instructions paragraph 3.1 revised from 120 days to 180 days 3.1 No Bid including alternates, shall be withdrawn within one Hundred and eighty.( 180 days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred eighty (180) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred eighty 180 days from opening, unless otherwise agreed by the Procurement Director and the Successful Bidder, Please acknowledge receipt of this Addendum and Include with your bid. re) ' 112T, Inc.'. (Name of Firm) 7/16/2021 Date If you require additional information, please post a question on BidSync on-line or contact me using the above contact information - Appendix F-Template —Addendum-rev 14-i&19 (co Appendix F — Template - Addendum Email: (Cynthia.McCanna@coliiercountyfl,gav) Telephone- (239-252-8992) AdminkAratve Service* Dvisk n FurGlasing ADDENDUM #2 Memorandum Date: July 13, 2021 From: Cynthia McCanna, Procurement Strategist To: Interested Parties Subject: Addendum #2 21-7912 — NCi Chemical Bulk Tank Replacement This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. ADDITION 1: 21-7912 - Addendum 2 - Exhibit J - Video Monitoring and Documentation 01 32 36 ADDITION 2: Final Questions and Answers Summary, Questions 1-11 Question ?: Regarding the temporary 6600-gallon storage tanks on this project. It's on page 125 in the bid packet, Drawing M105. Are these temporary tanks already purchased or do they need to be provided? Answer, Temporary tanks have not been purchased; Contractor is to provide. Question 2: l know thot a copy of the Original Sid Bond will be in the Bid i that we upload for this project, BUT do we need to Send you the Original Bid Bond? If yes, then to Whom, By What Date & Time should the Original Bid Bond be to you? Answer: No, you do not send the original Bid Bonds. Question 1 Regarding the temporary tanks for both chemicals, can they be plastic tanks considering they are short term? Answer., Alternative materials for temporary storage tanks may be acceptable, however the Contractor shall be required to submit documentation for approval indicating the tank material is compatible for use with the chemical being stared. Question 4, Who is supplying the chemicals for emptying and filling the new and temporary tanks? Answer Collier County will provide and pay for the chemicals through their existing supplier for the temporary and new tanks. Contractor shall coordinate deliveries with the County to maintain on -site chemical availability as specified in Section Q12900. Question b: Please confirm that the chemical piping to be replaced just needs to be labeled and not painted? Answer. Chemicat piping shall be identified as specified in $ection 400502. Appendix F-Terri plate —Addend urn -rev in-16-1e (9 Appendix F — Template - Addendum Question 6: Please confirm whether the Contractor is responsible to perform a videogfaphy of the entire work area before the project is to begin? Answer; Yes, see addendum 2 Question 7 Please confirm whether or not a building permit must be obtained from the Collier County Building Department? If a Building Perrnit is required, please confirm that Collier County will pay the building department permit fees? Answer- A building permit is required for this project. Collier County will pay for Collier County permit fees. Question 8: Please confirm that ail record drawings and final tank drawings do not need to be submitted by AutoCAD? Answer.- Contractor shall maintain and submit project record drawings as specified in sections 013300 and 017200. Final tank drawings in AutoCAD format shall also be submitted. Question g: Section 43 4123 (Steel Tanks) states under paragraph 2.3,G that the Approved Manufacturer will be either Modern Welding or approved equal. Miami Filter Inc, successfully supplied earlier this year (1) 12,000-gallon Sulfuric Acid Storage Tank and (1) 5,200-gallon Caustic Storage Tank for the Habart ROVVTP Bulk Chemical Tank Replacement project in Vero Beach, FL. Please verify Miami Filter Inc. will be considered an "approved equal". Answer: Contractor seeking approval for manufacturers other than those named in the specifications shall submit documentation for Engineers review after contract award Question 10, Will an Excel Bid Schedule be provided that allows for direct input of unit price and extended price values? Answer: The Bid Schedule is part of the solicitation documents. Question 1 is • Spec Section 40 05 00 Sub section 2.3 calls for Caustic: pipe insulation to prevent the caustic from freezing. Is heat tracing required? If so, can you provide electrical drawings to indicate placement of transformer and tie ins to current electrical system. • Spec Section 33 26 40 Sub Section 2.02 calls for check valves to be provided in CPVC and Halar Piping, nothing is called out on sheet M 201, nor in the isometric detail on sheet M 501. Can you please provide and updated drawing to detail the locations of the check valves for each chemical system? Answer: - Heat tracing is not required. • Check valves are not required. Please acknowledge receipt of this Addendum and include with your bid. (Signature) R2T, Inc. (Name of Firm) 7'/16/2021 Date If you require additional Information, please post a question on BidSyno on-line or contact me using the above contact information. Appendix F•Template. —Addendum-rev 10.19-18 (9 FORM 1. - BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA NCKWTP Chemical Sulk Tank Replacement BID NO.21-7912 Full Name of Bidder R2T, Inc• Main Business Address 580 W. Crossville Rd. Suite 101, Boswell, GA 30075 Place of Business 500 Village Square Crossing, Suite 202, Palm Beach Gardens, FL 33410 Telephone No. 561.775,0009 Fax No. 561,773.0092 State Contractor's License # CUC 1224943 (Underground Utility & Excavation) ; CGCO57893 State of Florida Certificate of Authority Document Number F05000003590 Federal Tax Identification Number 20-2935149 DUNS # 798246919 CCR# Cage Code 4R9Z8 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contraotors Bonds and Insumnce specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Rid Schedule: Unit prices shall be provided in no more than two decimal points, and in the cage where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services division staff, Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bands and Insurance Certificates as required by the Contract Documents. The bid security attached is to became the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Construction Soffcitatiori Doc rev 02-21-20 Successful Bidder hereby expressly waives and relinquishes any right which it finny have to seek to characterise the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (S) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within three hundred thirty-five (335) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent /Signature: - -- Title: Vice Prep'dent Date: 7/16/2021 Construction Solicitation Doc rev 02-21-20 FORM 2 - CONTRACTOR'S KFY PE, RSONN L ASSIGNED TO THE PROJECT NCRWTP Chemical Bulk Tank Replacement 0 Andrew Czysz Michael Steffen William (Aim) Pope JT Kohrman Construction Sollcitation Doc rev 02-21-20 BID NO.21-7912 Personnel Cat@= Construction Superintendent Project Manager General Superintendent Construction Manager FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON -RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal, Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below, If an exception for a manufacturer and/or material is proposed and listed below and is not approved by EngineerlProject Manager, Biddershall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A QR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: JqT, Inc.. Signature:. � � _ Date. 7/16/2021 Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATEiEIAL EXCEPTION MANUFACT11�ER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Signature: Copsfructlart Solicitation Doc rev 02-21-20 Date 9 FORM A - LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non -compliant or non -qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to removeireplace any Subcontractor, at no additional cost to Owner, which is found to be non -compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional shects as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be. qualified as noted above. Major Category of Work Subcontractor and Address 1, Electrical 2. Mechanical RZT - Self Perform 3. Demolition 4. Controls 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path oFthe schedule Company: R2T, Inv. Signature: bate: _ 711 G/2021 Construction Solicitation Doc rev 02-21-20 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement, 1. Noonday Water Reclamation Facility Chemic,l Feed Improvements Cobb County Water System (project name) (projoot owner) _Woodstock, GA 660 S Cobb Drive, Marietta, GA 30060 (project location) -- — �— (Owner's address) -- See Attached _ _ Jake Murray, PE', Project Engineer (project description) (Owner's contact person) (title} 10/201 B • 10/_2019 $ 2,237,955 770.419.6345 T Jake.murray ugcobbcounty.org (project start/completion dates) (contract value) (phone) (email) PGA Wastewater Treatment Plant Blower building, Nitrified Recycle Pump Station (NRCY) and Miscellaneous Electrical improvements — Seacoast Utility Authority_ (project name) (project owner) Palm Beach Gardens, FL (project location) See Attached (project description)- 10/2018 - 512020 $5,245,490_ (project start/completion dates} (contract value) 4200 Flood Road, Palm Reach Gardens, FL 33410 (Owner's address) Brent Weidenhamer W W Department Manager (Owner's contact person) - — (title) 561.627.2900 ext. 1494 bweidenhamer sua.oam (phone) W R"T (email) 3, NaOCL, aicsolids, and Filter System improvements _at Tropical Farms & North Treatment Facilities _ Martin County Utilities (project name) (project owner) Stuart, FL_ _ (project location) See Attached (project description) 3/2018.2/2020 $ 4,924,000 (project start/completion dates) (contract value) Construction Solicitation Doc rev 02-21-20 3473 5E Willoughby Boulevard, Stuart, FL 34996 _ (Owner's address) Darrell Schuler_ Project Manager (Owner's contact person) (t4lc) 772,223.7957 dschulerginartin.fl,us _ (phone) (email) 9 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER 4, DEP SRF Pine Ave. Force Main Extension & P5 Nos. 2&4 Rehabilitatian1 Phase 1 _ _City of Green Cove Springs (project name) --- - (project owner) Green Cove Springs, FLT _— 321 Walnut Street, Green Cove Springs, FL_ (project location) (Owner's address) See Attached Scott Schultz _ Water Utilities Director (project description) (Owner's contact person) (title) 3/2019.3/2020 $ 2,013,731 904,219.7540 sschultz st7 recncovespr s.com (project completion date) (contract value) (phone) (email) Fri 6, (project name) (project location) (project description) r, _ _ ___ $ (project completion date) (contract value) (project name).. (project location) (project description)— - (project compiwlc; t date) (contract valuo) company: R2T, Inc, Signature: Construction Soltclta#ion Doc rev 02-21-20 (project owner) (Owner's address) (Owner's contact person) (title) -- (phone) (email) (project owner) _ �.._..... �, .(Owner's address)-- -- — (Owner's contact person) (title) (phone) (email) Date: 7/16/2021 FORM 6 - TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Hid Price are casts for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure nit Cost (Description) LF SY 1. 2. 3. 4. 5. NIA TOTAL S 0 Failure to complete the above may result in the Bid being deelarcd non -responsive. Company, _ R.2T, Inc. Signature: �— f Date: 7f 1612021 Construction Solicitation Doc rev 02-21-20 9 — FOM17 - DID BOND KNOW ALL MEN BY THESE PRESENTS, that we R2_T, Inc, _ _ (herein after called the Principal) and GrealAmerlaen Insurance Company (herein called the Surety), a corporatian chartered and existing under the laws of the State of Ohio with its principal offices in the city of Clncinnati and authorized to do business in the State of Florida are held and firinly bound unto the Colller County Board of Cornmissloners _ (hereinafter called the Owner), in the full and just suet of Five Percent of Amount Did dollars ($ 5% ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and fumly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish. install, and fully complete the Work on the Project known its laid No, 21-79112 NCRWTP Chemical Bulls Tank Replacement. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the tenns of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in tale Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $-5% of Amount Bid noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this of shall be null and void, otherwise to remain in full farce and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 2Qth day of July ..................... __ , 2021 ;�,ttirrrirr►►,r R2T, Inc. BY Great American Insurance r Countersigned Na t en1r F ulred — / V'P -- J Erik McMichael Appointed Producing Agent for Great American Insurance Company^— ---.----- GREAT AMERICAN INSURANCE COMPANYD Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-3139-5000 • FAX 513-723-274b The number of persons authorized by this power of attotveCy is not mom that, FOUR POWER U AT["ORNEY No,o 21343 WN0NVAL1,MFNl3YTliCSEPRESENTSs That Llie GREAT AMERICAN rNSURANCE COMPANY, a corporation organimdmidl existing under and by virtu¢ of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persuns named below, each individually if more than one is named, its true and lawful attorney -in -font, for it and in its aurae, place acid stead to axecuto on behalf of the said Company, as surety, any and all bonds, undertakings and cgatracts of suretyship, or plher written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Nome SUZANNE YEATMAN JENNIFER S. FREEMAN J. ERIK MCMICHAEL MiCHELLE DELIGNE Address ALL OF NEWMAN, GEORGIA Limit of Power ALL $100,000,000 This PoWcr of Allemay revokes ell prcviurry powers issued Eiji belmlf of the allomey(s)-in-faot named aT ove. IN W ITNtiSS WHEREOF the GR EATAM IiRICAN INSUR.ANtr C COMPANY has caused these presents to be signed and ultested by its appropriate. aMcers and its �!orperatc seal bercunto atiixed this 23RD day of JULY 2010 Attest GREATAMERtCAN INSIJ ANCF COMPAN AW.+rrm l sgepeloti D;vi rrnrrnl Svilar Pee Arrsidenr STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK VICARIo 1877-377-240a1 On this 23RD day of JULY 2010 . before tnc persomlly appeared MARK VICAR 10, to ma knuwri, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that tic is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instnuncnr, that he knows the seal of the said Company; that the seal aliixsd to the said instrument is sm;h corporate seal; that it wits so alTixed by authority of his affice under the By -Laws of said Company, and that he signed his name thereto by like authority. t Shaun A l(at►a * Notary Pu'W' SideofOho My Conxnir>:�on Ea�iles 46��E-gyp This Power ol'Attonicy is gralited by authority of the. following resolutions -adopted by the Roard of Dirmtor5 of Orcat American hisunuive Corupany by tnjanitnous written consent dated June 9, 2008, RESOLVED: That the DivWunal Prerf&wt, the .yevend DIvIsfunrrl Sillier pier pimidelds, Llivisfanul fire psxyfelepr1r and 1Ji rfruual Assisernat Vie ppesidenis, or rant+ Was of them, be turd hereby is aulboriied f vrnr tilrre fu Iipm 1a appoirrl Wre Or fnare fltlarnevs-ilr-Fncj it; e.1evalre on hehalf of f1te ComptrjV. rrr suruh, (my and all bands, miderlukint;s• and conlre(Lr uf's rv(lkship, ill, W her )•r-ilteri ubNX(Irfuns in 11t winfre~ thereof,' to prescribe ibeir n peerire duirev anti lire Mpective lillaits of MOO- rlvlharilr; Wrrl to ter aka anal• sewh oppoinbrrew rrr urn o limre- RESOLVE•'!) FURTHER; Thal ►hey Cdrrlpauy seal and rhr sigwirare gl'imy u1 the clfwxscrirl u r'rtrrs and an'v Seviviopy tar Assimanl se4:iTlary of the ComprrsT aura, be affixed Gr firesiurife 10 anvpolver cif olruruur, ur rert�crrle of 01tergivvll.for rile r' ecirli;n! rrf,emy Gunn ifrrderiellr q. uOfftlrrc141 sarelyvhf�r, pr olhrrr' pri'ffeli 4rlrfigarlioll ill the nrrlrfr'e there; f much .T{gnantr& mid seal when su used berrrg buirb5' adapted i?v the Compirlry as fhr aaigirlals'fgneluire of.sirch of]icur and The original seal Uf 1heCompany, to by valrrf and bhaling upon 1he cumprarl' with rrrtl.trllrr€' f{rri'C and er&ri my 0rarrgir ruaimalty tl ixed. Cr, R 'IFICATI;ON I, STEPH EN C. HERAHA, Assistant Secretory of Orcat American insurance Coinpany, do hereby certify that the foregoing Power of'Altorney and the Resohttions of the Bonrd or Directors of June 9, 2009 have not heen revoked and arc now in full force and cffoet, Signed and sealed this 20th day of ,June 1 2021 % ,'if Yl.lfflllr SCG"!�!{ra'4 S1029A4 (e?rl@t FORM S- INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible, companies duly authorized to do business in the state of l'lorida as set forth in FORM 8 ofthis solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers ofsuhr❑gation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance, Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates ofinsurance must state the Contract Number, or Project Number, or specific Project description, or must read. For any and all work performed on behalf ofCollier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in NORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents, If Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self= insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All scl l insured retentions or deductibles will be Vendor's sole responsibility. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitations whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor, The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours alter receipt, of any notices of expiration, cancellation, n❑n- renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverageLssl required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverageo and charge the Vendor for such coverageW purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage):,..)s purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(,gj shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate oflnsurance expires prior to the completion ofthe scopeofwork, the Vendor shall furnish to the County renewal or replacement Certificate(s) of insurance not later than ten (10) calendar days alter the expiration date on the certificate. Failure of the Vendor to provide: the County with such renewal certificate(s) shall be considered justification far the County to terminate any and all contracts, Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required, Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at hitps il2C2s.fldN-c0m/b0cexc1I1j�d 2. EJ Employer's Liability S^1,000,000 single limit per occurrence 3. [D Commercial General Bodily Injury and Property Damage Liability (occurrence Form) patterned after the $_11000,000�single limit per occurrence, $2,000,000 aggregate for current ISO form Bodily Injury Liability and Property Damage Liability, 'this shall include Promises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liahility. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. S, ® Automobile Liability S_I,000,000 Each OccUITence, Bodily Injury & Property Damage, OwnedfNon-owned/Hired; Automobile Inoluded b. ® Other insurance as ❑ Watercraft Per Occurrence noted: Ll United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (!ones Act) shall be maintained where applicable to the completion of the work_ $ Per Occurrence [1 Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occuntrice ffappi!cable to the completion of the Services under this Agreement, $ Per Occurrence Pollution $ 1,000,000 Per Occurrence �] Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence Umbrella $2,000,000 Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7. ® Bid bond Shalt be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond 'n a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of r1orida and insured by the Federal Deposit insurance Corporation. S. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bands shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V at - higher rating as to financial size category and the amount required shall not exceed 5°lo of the reported policy holders' surplus, all as reported in the most current Rest Key Rating Guide, published by A.M. Best Company, Inc, of 75 Fulton Street, New York, New York 10038, 9. ® Vendor shall ensure that all subcontractors comply with the some insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10, ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Ccrtificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. I, M The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read- For any and all work performed on behalf of Collier County. 12, ® On all certifticates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Caneellation Notice required. 14. Collier County shall procure and maintain Builders Risk insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 6110/21 - cc Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may he required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage tore minimum orsix (b) months from the date ofaward. C I ient#: 108421 50 R2TINC DATE (MMIDDIYYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE 7123/2020 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLIER. IMPORTANT: if the certificate holder Is an ADID'kTIONAL INSURED, the policy(ies) must have ADDITIONAL INSURI=D provislons or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A Statement on this certificate does not confer any rights to the certificate holder In lieu of such andarsetnenl(s). PRODUCER NA r; Amber Zell PHONE 770-683-1000 C Na J Smith Lanier 8r Co Newnan PHOexl : 770-683"1010 P.O. Box 71429 EAQaREss. azell@jsmithianier.com 47 Postal Parkway _ _ INSURi $ AFFORDING COVERAGE NA100 Newnan, GA 30271-1429 IMIGnRERA! Transportation Insurance . 20494 INSURED R2T, Inc. 580 W. Crossville Road Suites 101-102 Roswell, GA 30075 0, Continental Casualty Company 0, Houston Casualty Company r, . Continental Insurance Company COVERAGES CERTIFICATE NUMBER: REVISION NUMBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 1NSURE0 NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER COCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DCSCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE: BEEN REDUCED BY PAID CLAIMS. D SUBR MIDDfY DO EFF PO LIMITS LR TYPE OF INSURANCE @ WVD POLICYNUMBER X COMMERCIAL GENERALLfAe1LITY X X 6084059559 7/28/2020 0712812021 EACH OCCURRENCE $1 000 000 CLAIMS -MADE 5XI OCCUR ENTED occurrence s100.000 ABED EXP (Any one arson s 15 000 PERSONAL & APV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ JECT Lac OTHER: UtNtNAL PA.AJRC\YN r PRODUCTS-COMPIOPAOG s2 a D A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY _ AUTOS HIRED NON -OWNED AUTOSONLY N AUTOSONLY UMBRELLA LIA13 N OCCUR EXCESS LIAR r:LA1MS.MADE X X 2095995258 5084059478 I 712812020 7/2812020 0712812021 0712812021 ACOMe @Dial IMIT 1 X X X DODILY INJURY (Per parson) S SODILY INJURY (Par accldern) PROP€AW iDWIA-A-4E r c dent s $ EACH OCCURRENCE Slj AGGREGATE 3t7 t3 WORKERS COMPENSATION 7C 5084059514 0712812020 0712812021 X AND EMPIGYER9' LIABILITY ANY PROPRIET, R1PARTmEPJEXECUTIVF_ YIN N E.L. EACH ACCIDENT 31 OFF10EfUMEMB R EXCLUDED? 7 N f A (Mrndalory In Nit) E.L. DISEASE - EA EMPLOYEE S1 If yell. daecrlbe under, DESCRIPTION OF OPERATIONS below _ E.L. pl$EA$E-POLICY LIMIT s C Profess Iona 11Po11 RCC1966919 0712812020 07/2012021 $2,000,00032,000,000 A RentedlLeased Eqp 5084059569 712812020 07128/2021 $250,000 Max Per Item D HlredlPh s Damage 2095995258 7128/2020 07/26/2021 $1 0001Cam 1Coll bed DESCRIPTION OF OPERATIONS r LOCATIONS 1 VEHICLES (ACGRD 1 pi, AddiUanal R4marke Schedule, rooy bo ntiochnd If morn space Is requlrad) (GL) Additional Insured/Primary and Nan -Contributory and Waiver of Subrogation per Forms CNA748580115 and CNA750590115. (CAU) Additional InsuredlPrimary and Nan -Contributory per Form CA20481013 and CNA63359GA0512, (CAU) Waiver of Subrogation per Form CA04441013 (WC) Waiver of Subrogation per Form WC0003130484 (See Attached Descriptions) ATE HOLDER CANC For Information Purposes Only SHOULD ANYOFTHE ABOVE DI=SCRIBED POLICIES BE CANCELLED BEFORE P THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORiTED REPRESENTATIVE T< a - KA j O 198E-2015 ACORD CORPORATION. All rights reserved. ACGRD 25 (2016103) 1 of 2 The ACORD nalne and logo are reglsterod marks of ACORD #$49885291M4982463 SST ; Cn+cclmtiy Mministreti,re Servkes Pepartrnent Procurolnenl Ser iuis Gi+iwm FORM 9 - CONFLICT OF 1NTERNST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below; Biased ground rules — The firm has not set the "ground rules"' for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, spccifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity —The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals I past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor i vendor must provide the following; 1. All documents produced as a result of the work completed in the pastor currently being worked on for the above - mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non- public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant faots concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. R2T, Inc. - - -LL Company Name Signature _ George DIY, PE - U Cc resident Prin ame and Title State of Georgia County of Fulton The foregoing instrument was acknowledged before me by means of ® physic pre' °nce or ❑ online notarization, this 16th day of July (month), 2021 (year), by ad a Mari to (name of person acknowledging). 44atve of Notary Public - State of F406da) Georgia Nad a Marinina (Print, Type, or Stamp Commissioned Na -..._..._,-_ me of Notar,�.19 a lc tA'�r Personally Known OR Produced Identification Type of Identification Produacd 5 � ��aVL'V34�aS cdfier C'014- y MminislmtNo SerAces geparbnont Prnnurernunl SaMces Division FORM 10 - VENDon DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or Fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specificationslscope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract fur these goods and(or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a such, vendor for any future associated with work that is a result of this awarded contract. 1N WITNESS WHEREOF, WE have hereunto subscribed our names on this 16th day of ?uly. 2021 in the County of _ Fulton _ , in the State of . Georgia Firm's Legal Name: Address. City, State, Zip Cade: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code "Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: R2T, Inc. 500 Village Square Crossing, Suite 202 Palm Beach Gardens, FL 33410 F05000003590 20-2935149 4R9Z8 561.775.0009 Gearge.ajy@r2tino.com Mice President " George Ajy, PL F fo Additional Contact Information Send payments to: R2T,1no. (required if different Company name used as payee from above) Contact name: Nadya Marinina Title: Ottice Manager Address: 580 W Crossville Rd. Suite 101 City, State, ZIP Roswell, GA 30075 Telephone: 770.569.7038 Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Nadya.marinina@r2tinc.com r2.tinc.com R2T, Inc. George A' , PE Vice President 500 Village Square Crossing, Suite 202 Palm Beach Gardens, FL 33410 561.775.0009 George,Ajy@r2tine.com Secondary Contact for JT Kohrman this Solicitation: Email: Jt.kohrman@r2tinc,.com r2tinc.com Phone; 470.592,8408 0 AdmI t9traliveSewicesMporbrient PnxuremaN smmcan t1 given FORM 11 -IMMtGRAT]ON A.FFIDAVITCMIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDA 1T CEILTIFTCATION ANT) SUBMIT WITH ENDt. WS PBQPOSALIBID MAY DE E VENDOR NON-RESPO Sl Y . Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the TNA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986Immigration Act and subsequent Amendment(s)) That it is aware of and in compliance with the re uirements set -forth in Florida StittuleSA44_8.095, and agrees to comply with the provisions ofthe Memorandum ofUnderstanding with E-Verify and to provide proof or enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposaFbid. R2T, Inv, Company Name -�-- -� Signature George Ajy, PE- is resident -- �- - Print Name and Title State of Georgin County of --Fulton The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this 16th day of July (month), 2021 (year), by Nad n ar" tins (name of person acknowledging). /1� (S- nAof Notary Public - State o- Florvdu) 11 Nadya Marinina (Print, Type, or Stamp Commissioned Name of Notar,inu�c,�h Personally Known OR Produced Identitication A�� q•,�`.-;, ,�J .Str�� Type of Identification Produced — w L ,0,4s7,;CP p 9 FORM 12 - BIDDERS CHECKLIST IMPORTANT: No bid shall be considered unless It is made on unaltered Bid forms which are included In the Bidding Documents, Please rend carefully, sign in the spaces indicated and rc urn with your Bid. Biddcr should check off each of the following items as the necessary action is completed: J I , The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. w/ 4. Bid Schedule has been completed and attached. J 5. Any required drawings, descriptive literature, etc. have been included. J 6. Any delivery information required is included. J 7. The following on-line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form f b. Construction services agreement c, Purchase order terms and conditions J 8. All of the following bid forms have been completed and signed: ,/ a. Bid Form (Norm 1) V b. Contractors Key Personnel (Foi7n 2) c, Material Manufacturers (Form 3) w/ d, List of Major Subcontractors (Form 4) e. Statement of Experience (Form 5) V f. Trench Safety Act (Form 6) J g. Bid Bond Form (Norm 7) h. Insurance and Bonding Requirements (Form S) V i. Conflict of Interest Affidavit (Form 9) V j. Vendor Declaration Statement (Form 10) %/ k. Immigration Law Affidavit Certification (Form 11) MUST be signed and attached with your submittal or you MAY be DEEMED [VON -RESPONSIVE V 1. Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with y❑ur submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE, 9. Copies of required information have been attached J a. Business tax Receipt (Collier County Businesses Only) b. Company's E-Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida (sunbiz.org) J d. Any required professional licenses —valid and current (myfloridalicense.com) (ic: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc,, as applicable, requested and/or required.) J c, Vendor W-9 Form 10, If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been submitted. l ] , Any addenda have been signed and acknowledgement form attached and included, or you MAY be DEEMED NON -RESPONSIVE, 12. The Bid will be uploaded in time to be received no later than the specified gpening date imp, otherwise the Bid cannot be considered. G Detail by Entity Name Page i of 2 -�J' r DeRarlsomal Of akfalfi 1 i r rt7pr:111iN15 I $parch Re gr j I �2vrch by EnChy No q ! Detail by Entity Name Foreign Profit Corporation R2T, I NC. Filing Infartmation Document Number F05000003590 FEIIEIN Number 20-2835149 Date Filed 06/0912006 State GA Status ACTIVE Princloal A04repss 500 Village Square Crossing Suite 202 Palm Beach Gardens, FL 33410 Changed: 10/22/2018 Maillno Address 580 W, CROSSVILLE ROAD SUITES 101.102 ROSWELL, GA 30075 Changed: 02/07/2008 Realstsred Avant Name a Adclross CT Corporation System 1200 South Pine Island Rd Plantation, FL 33324 Name Changed: 02/14/2017 Address Changed: 02114/2017 ffl ar/Director Q0i Name & Address Title CPD AJY, KIMSERLY 1841 Peeler Rd Unit C Atlanta, GA 30338 I.%IVISsori 1,F [:f 121''Al-y'00i'l http://search.sunbiz-erg/lnquii-y/CorporationSearch/SearchResultDctaiI?ingLiirytype=Entity,,, 8/5/2020 CAQ Detail by Entity Name Page 2 of 2 Title VIRST AJY, GEORGE 580 W CROSSVILLE ROAD SUITE 101 ROSWELL, GA 30075 Annual ReDOr[S Report Year Filed Date 2018 03108/2018 2019 02115/2019 2020 0311 W2020 Documont hria(106 fi311 Ra.020 — ANNUAL_B LC .? I 0211 &a 1 L - RT 1Ul2212111®-- AMENDC❑ ANNUALREPO O;itIH312U l8--ANNQAI MR2121 0jj412U11 •• ANNUAL. RF.:f'41 1 KI1 9,(206 •- ANNUAL,81=PCM JAL R>_f'ORT 0&Jj1?ai4 -- ANNUAL.♦iIEM o ijp?i2m -- U11p.If2U12 -- ANNiJAI REPURT t11103a0l I -- ANNUjSL Lj ' Rj ] A 1 IREPOIT U,11. f,M?--ANNUALjJae 1tiC .1i3E�s%ll? M&5a f,7SL' _A � 06Q12005 -- Fornlon Profit View Iflioup In i'i71= fornml Vruw unfige u7 POF f9rrnv; .ImiaA P^Gn.4 olm m stare, L .MM ar rbrr�.ai,o,�v http://search.sunbiz.org/lnquiry/Corporation9earch/SearchResifltDetail?inquirytype=Entity... 8/5/2020 (�'AO E-Verifv- Company ID Number., 107167 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the R2T, Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify, E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IiRIRA), Pub, L. 104-208, 110 Stat. 3009, as amended (8 U.B.C. § 1324a note), The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE 11 RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by OHS in a prominent place that is clearly vlsible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and OHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated Information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 or 17 E-Verify MCU for Employers I Revision Date 06/01113 E-Verif Y Company ID Number: 107167 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. B. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 2748 of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List S identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) if the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,109 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06101//3 ISA Company ID Number: 107167 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no F-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 19. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article I It below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verificatlon system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized, In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 F-Verify MOU for Employers I Revisim Date 06101M r=-Verifv ur Company I0 Number: 107167 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-588-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14, The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 2748 of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274E of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 2746 of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, It should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD), 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes, 16, The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify(Qdhs,pov. please use "Privacy Incident — password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 1 B. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Irmployers I Revlslan Date OG101 /13 Company ID Number: 107167 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verity, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20, The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21, The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS1USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22, The Employer understands that if it uses F-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1, If the Employer is a Federal contractor with the FAR L-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22,1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be Initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begirt verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page S of 17 E-Verify MOU for Employers I Rovlslon Date 06101113 G Verif E-v Company ID Number: 107167 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as; i, That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-verify mou for Employers I Revision pate 06/01113 G Noll". E-Verify-.t Company I0 Number. 107167 Article II.C,5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual, g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U,S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Bart 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E Verify at 1-888464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E Verify MOU for Employers I Revislon Date OW01113 E-Verify- off;r7fi ��fli�t, Company ID Number: 107167 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process, 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual, Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6, DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of F-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. B. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revlsion Date 0W01113 y ,udr ;�.ti 5.ygr�t .t• . Srti. h Company 10 Number. 107167 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending, 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee Information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's F-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3, The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4, If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06101113 E-Verifv- Company ID Number: 107167 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo matchimismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the 1=-Verify system regularly for case updates. ARTICLE Ill SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer Is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Empl❑yers I ReAslon Date 06101/13 E-Verify off Company ID Number: 107167 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements_ The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and OHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or ❑bligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed, Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, page 11 of 17 E-Verify MOU for Employers I Revision Date 46M 113 rz-Verify- Company ID Number: 107167 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOiA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively, The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to; (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G.The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU f❑r Employers I Revislon Date MOV13 r=-Verify-----*, liiiill. Company ID Number: 107167 Approved by: Employer R2T, Inc. Name (Please Type or Print) Title Nereida Haines Signature Date Electronically Signed 0311412008 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date F-lectronioally Signed 03/17/2008 Page 13 of 17 E-Verify MOU for Employers I Revision Dale 06101113 0 E-Verify- off Company ID Number: 107167 Information Required for the E-Verify Program Information relating to your Company: Company Name R2T, Inc. Company Facility Address 680 W. Crossville Road Suite 101 Doswell, GA a0075 Company Alternate Address County or Parish FULTCN Employer Identification Number 202835149 North American Industry Classification Systems Code 541 Parent Company Number of Employees 10 to 19 Number of Sites Verified for 3 Page 14 of 17 E-Verify MOU for Employers I Revision Dale 06101/13 Company ID Number: 107167 Are you verifying for more than 'I site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) GEORGIA 1 site(s) PENNSYLVANIA 1 site(s) Page 15 ai 17 E-Verify MOU for Employers I Ravfslon Date 06101113 (9 E-Verify Company ID Number: 107167 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Nereida Haines Phone Number (770) 569 - 7038 ext_ 108 Fax Number (770) 594 - 7477 Email Address nerelda.haines@r2finc.cOM Page 16 of 17 E-Verify MDU for Employers I Revision Date 06101/13 G E-Verifv- Company ID Number: 107167 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision bate 06/01/13 9 Our Licenses .(Sfjj,t Rd n 0C55rvi S:CM'Crnor HAISty Dcsncan. ScrmU y STATE OF FLORIDA dopr "` ,• DEPARTMENT OF BUSINESS AND PROFESSIONAL. REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE UNDERGROUND UTILITY & EXCAVATION CO HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489. FLORIDA STATUTES ,.. _ K AN, GEORGE R2T, INC, VILLAGI SQUARE CROS511`46'.' SUITE0202 ry PALM BEACH GARDENS FL38410 LICENSt NUMBER: CUC1224443 - EXPIRATION DATE: AUGUST 31, 2022 Always verily Ilcensea online at MyRoridaUcense.com N11; Do not alteT this dntument in any form. co This Is your license. It Is unlawful for anyone other than the licensee to use this document. k Ron DeSantis.Gawsrnor Heluykhir ers,SacrCnry dbpr STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CON'rRACTOR HEREIN IS CERTIFIED UNDER THE PRDVISIONS OF CHAPTER 489, FLORIDA STATUTES .1 tk' STEFFEN, MitHAEL MAkK R2T, INC. 580 WEST CROSSVILLE ROARO STE 101. ROSWELL GA 30075 LICENSE CGCo51893 EXPIRATION DATE: AUGUST 31. 2022 Aiww5 verilyllcenses onilneat MyFlorldai-leensexorn UWE Do notalterthis document in any form. This Is your license. It Is unlawful for anyone other than the licensee to use this document. 0 KIVERTOTAP State of Florida Department of State I certify from the records of this office that R2T, INC. is a Georgia corporation authorized to transact business in the State of Florida, qualified on dune 9, 2005. The document number of this corporation is F05000003590. I further certify that said corporation has paid all fees due this office through December 31, 2021, that its most recent annual report/uniform business report was filed on March 12, 2021, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given rsitder my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, tills the Twelfth Airy of April, 2021 )�W(� Secretcay of Stove Tracking plumber: 808772380SCU To authenticate this certifeate,visit the foilowiug site,enter this number, and then follow the histructious disphiyed, bttps:llservices.sunbiz,org[r ilings/CertifcateOlStRius/Certifica(eAutitciiticatioii DBPR - R2T, INC., Registry hops://www.myflorictaIicense.com/LicenseDetai 1.asp?SID—&lid=A785F., I 2.19:58 AM 411212021 Licensee Details Licensee Information Name: R2Tr INC. (primary Name) Main Address: 580 WEST CROSSVILLE ROAD SUITE 101 ROSWELL Georgia 30075 License Mailing Lice rise Location'. License Information License Type: Rank: License Number: Status: Llcensure Date: Expires: Special Qualifications Alternate Names 580 W CROSSVILLE ROAD SUITE 101 ROSWELL GA 30075 Registry Registry 26505 Current 07/15/2005 Qualification Effective View Related License Information View License Complaint 26Di [31g1r Stone Road, ildbliSSee FL 92349.:: Frndll: Cdsrorrier Contact Cefiter: 850.487A395 The State of Fiona Is an AA/EEO employer: tat F F!4l14z. PNw=y 5tatantsat 1pidar, Fiorlde low, errtill addresses are public records. If you do not want your em3d address ioleased In response to a public -records request, do not send eiactronic rn O to this entity. Instead, contact the office by shone or by traditional mall, If you have any questions, please contact 850.487.1395. `Pursuant to Section 455.275(l), Florida Statutes, effective October 1, 2012, licensees Ikentied under Chapter 455, F.S. must provide the rlepartrrent with an email address if they have cne. The emalt9 provided may he used rorofficiai cortynunlcation with the llcensee, tlawaver email addresses are public record. if you do not wish to supply a personal address, please provide the Depprtrnent with an erYoll address which can be made avallable to the public. (9 ! of i 4/1212021, 2:20 PM I. Wda`9 Request for Taxpayer Glue Form to the (nov. Novamber'2417) Identification Number and Certification requester. VG Flat Depnnment of thaTmmury send to the FRS. InteraN POvortue Service I. Qd to wwwJmVov1FarmW9 for inatrucllons. and the tams( Information, 1 Name (as shown on your Income Scut relerrl) Name Ia required on Ihia lino; do not leave Ihis tins V40, RZT, Inc. -.- -- a HusinesA nameldisraaoaded entity name, ff differnnt from above Vi 9 Check approlNrdtu bolt for tederat tarp dasalf,Cation of the person whose narna Is entered on line J. Check only one of the 4 Exemptions (codes apply only to Iollowing pavan boxes, carlain enllflm, not individuals-, See a instrucuona On pago 8): ❑ IndividuaVeola proprietor or Q C Corpareuon 918 Corporation ❑ Aarinsrstllp ❑ TrusVeslole sinple•ntember LLC f xurnpt psyas coda Cl any)! 0 Llmilad IlatAity company. Enter 1110 tax ClM%Jllrgtlion (raC corporation, S-S ca,poratloa, rixF'arinorshipi► Note: Checx 1116 appropriate box In the Ilea above for the IaLK classilicalion of Iho single•mamber owner. Do not chock Exampilon from FATOA reporting ' C LLC It iris LLG is class1led as a eln9l0•member LLC that In disregarded from the owner unfag9 the owner of the LLC Is coda [if any} 4 4 another LLC that is nol disregarded from tho owner for U.S. fedarnl tan purporas. MOWN, a singte•momtsgr LLGlhaf 19 disregarded from ilia owner should chuX the appropriate box for the true clomifirallon of ill owner. Olha;se0ingtrufitlann)► PAO"ip�coeM .gwo-MaiCMus+ 5 Admires! (number. salrW, and apt, or suite no.) Sao Inavuctlona. Raquastar'e name and address (opllonaq 580 W. Crossville Rd Suite 101 8 0ty, otale, and ZIP Coda Roswell, GA 30075 Taxpayer Identiflcatlon Number tN Enter your TIN In the opproprlate box. Tho TIN provided must match the noma oven on tine 1 to avoid ti"W 40cudty numtftlr backup vvlbhholding. For Individuals, this Is generally your social security number (SSN). HowAvsr, for a resident ellen, sole proprietor, cr dlsreoarded entity, see tho instruCtlonS for Part I, later. For other entities, It Is your employer Identification number (EIM). If you do not have a number, gee Now to got a TiN, later. or Note- If the account is In more than ono mama, zoo the Instructions for line 1. Also sea What Namo rind Fmploysr IdenlFflcetlon nunawr Number To Give the Raquester for guidelines an whose number to enter. E 0— FZ S F3 1 5 1 1 A 9 Under penalties of pedury. I certify thtit: 1. 7ho number shown on this form Is my corraal laxpayer Identlllcatlon nurnber (or I am waiting (or a number to be Issued to MO); and 2,1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I nave not been notllled by the Internal Revenue Service (IFIS) that I um subject to backup withholding as a result of a falluro to report all Interest or dividends, or (c) tho IMS 1`188 notified me that I am no longer hubject to backup withholding: and 3.1 am a U.S. citizen or other U.S. person (definad blow); and A. The FATCA code(s) entered on this form (If tiny) indloaiing that t am exempt From FATCA reporting la correct, ceruilcatlan Inmtructlana You nluut crass out Item 2 above It you have boan notified by the IRS that you are currently subjocl to backup withhotging because you have failed to report all Interasl and dividends on your tax return, For real estate Irnowchons, item 2 does not epply. For mortgage Interest paid, arclulsilldn or abandonment of MCurad property, cancollation of debt, contributions to an Individual tatliemenl arrangement (IRA), and generally, payments other then Interest and dividends, you are not required io atgn the cadificallon, but you must provids your correct TIN. See the Instructions for Part II, later. Sign 519natureaf Here U.B. person F General Instr Section referoncus are to the Internal Rovonuo Coda uriles4 otKnvlse noted. Futura developments. For the latest Information about developments related to Form W-9 and Its InntruCtipns, auch an legislation enacted After they were published, go to wWvvdrs.govlFormVlr9. Purpose of Form An individual or entity (Form W-9 requester) who Is required to file an information ratum with the IRS must obtain your correct taxpayer Idontlticatlon number ("N) wretch may be your social security number (9SN), IndlvIdL)PI taxpayer Identification number OTIN), adoptlon taxpayer Identification number (ATIN), or empioyer identification number (Elie), to reporl on an Information rotum 111e amount peed to you, or other amount reportable on an Inlormatlan retum. Exampltm of Inccm atlon miums Include, but are not limited to, the following, • Form 1089-INT (Inlere5t eamad or paid) Date. 01 /23/2020 • Form 1099-DIV (dividends, Including those from stocks or mutual funds) + Form 1099-MISC (various types of income, pdxes, awards, or gross proceeds) • Form 110ga-5 (stock or mtitual fund rates and Certain other transactions by brokers) * Form 1099•S (proceeds from real estate transactions) • Form 1099-K (marchant card and third party network transactions) • Form 1090 (home mortgage lnterasi), 1098•E (studenr loan Inlereat), 1098-T (tuftlon) • Form 1009,G (canceiad debt) + Form 1009-A (acquiaHton or abandonment of secured property) Use Form W-9 only It you ore a U.S. parson (Including a resident allen), to provide your oarrect TIN. If you do not mtuml Form yW,9 to the requester wtfh s TIN, you might be Subject to backup wlthhofdfng, See What is backup wllhholding, later, Cut. No. 10231X form rill- (Rev. 1t.2615 9 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Andrew Czysz Michael Steffen William (Biro) Pope JT Kohrman Personnel Category_ Construction Superintendent Project Manager General Superintendent Construction Manager 10 Construction Services Agreement: Revised C1,28.21 (v10) (91 MARSH & MUENNAN AGENCY LOCALLY KNOWN AS J SMITH LANIER & CO. September 29, 2021 The Board of County Commissioners of Collier County, FL 3295 Tamiami Trail East, Bldg, C-2 Naples, FL 34112 Marsh & McLennan Agency LLC 47 Postal Pkwy. Newnan, GA 30263-2885 770-683-1000 www.marshmma.com RE: R2T, Inc. Bond No.: 2161083 — NCRWTP Chemical Bulk Tank Replacement To Whom It May Concern: This letter is authorizing The Board of County Commissioners of Collier County, FL to date the above referenced Performance and Payment Bonds the same date of the Agreement/Contract (after the Agreement/Contract is executed). If you have any questions, please feel free to call. Thank you, rik McMi hael ttorney-in-Fact for Great American Insurance Company WORLD CLASS. LOCAL TOUCH. EXHIBIT B-1: PUBLIC PAYMENT BOND 21-7912 Bond No. 2161083 Contract No. 21-7912 KNOW ALL MEN BY THESE PRESENTS: That R2T, Inc. 500 Village Square Crossing, Ste. 202, Palm Beach Sprmn9s FL as Principal, and Great American Insurance Company as Surety, located at 301 East 14th St., Cincinnati, OH 45202 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, FL as Obligee in the SUM of Five Hundred Nineteen Thousand Five Hundred Fifty Six and 00/100 ($ 519,556.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 1 with Obligee for NCRWTP Chemical Bulk Tank Replacement in Collier County, FL accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 29th day of September 2021 , the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body. 11 Construction Services Agreement: Revised 01.28.21 (v10) Signed, sealed and delivered in the presence of: Witnesses as to Principa STATE OF �E026, r'A COUNTY OF PRINCIPAL rrrrrrrii R2T, Inc. ,....... , CVkFIORAT ' BY: . NAME: ITS: 1/,� �s.t�..� •.,. 2005 ,�� ORM�;,�`��` 'rrrrru;s�� The foregoing instrument was acknowledged before me by means of AN physical presence or 0 online // notarization, this � day of S �It 20�_, by L;kP'e 6 s�� ag Ens? of a c- F corporation, on behalf of the corporation. He/she is personal) k wn to me OR has produced % erMo,t ft-VA!" -as identification and did (did not) take an oath. My Commission Expires: ©8C''9 0 Sr NAD ), c n • �9��sia � ' (AFFIX OFFICIAL SN4 • ATTEST: Witnesses to Surety (,%rtbfure of Notary Public) i/ NAM: 1(c (Legibly Printed) Notary Public, State of &;rr Commission No.: al 5"�?O SURETY: Great American Insurance Company (Printed Name) 301 East 14th St Cincinnati, OH 45202 (Business Address (Authorized Signature) (Printed Name) 12 Construction Services Agreement: Revised 01.28.21 (v10) Suzanne toatman L&LLA �' Witnesses Holland Bickel STATE OF Georgia COUNTY OF Coweta OR f Py 1NSUq �, As ttorney in i4act (A ach Power of Attorney) i W J Erik McMichael (Printed Name) 47 Postal Parkway Newnan, GA 30263 (Business Address) 800 226-4520 (Telephone Number) The foregoing instrument was acknowledged before me by means of dphysical presence or 0 online notarization, this 29th day of September y 2021 by J Erik McMichael as Attorney -in -Fact of Great American Insurance Company an Ohio corporation, on behalf of the corporation. He/ is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: December 10, 2022 r_iC ��n l�_: �n 1 ► a✓.► n ) (Signature of Notary Public) Name: Michelle S. Deligne (AFFIX OFFICIAL SEAL)PR Y ,'�<<� y d CV --a 0,2.a7,2 .. r 0V'TZ'p, �r�l�i!kt4t- (Legibly Printed) Notary Public, State of: Georgia Commission No.: N/A 13 Construction Services Agreement: Revised 01.28.21 (v10) EXHIBIT B-2: PUBLIC PERFORMANCE BOND 21-7912 Bond No. 2161083 Contract No. 21-7912 KNOW ALL MEN BY THESE PRESENTS: That R2T, Inc. as Principal, and Treat American Insurance Company as Surety, located at 301 East 14th St., Cincinnati, OH 45202 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, FL , as Obligee in the sum of Five Hundred Nineteen Thousand Five Hundred Fiftv Six and 00/100 ($ 519,556.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 20 with Obligee for NCRWTP Chemical Bulk Tank Replacement in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 29th day of September , 2021 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 14 Construction Services Agreement: Revised 01.28.21 (v10) Signed, sealed and delivered in the presence of: w Witnesses as to Principal STATE OF CMG--02L, 1 A COUNTY OF :E:J_iaL i r)N_.j PRINCIPAL � 1ir111", t R2T, Inc. •°aR rF• BY: %1 .� _ SEAL NAME: 006 ITS: tl FS.m�.—rr`; '•. The foregoing instrument was acknowledged before me by means of 2 physical presence or ❑ online notarization, this S5a_ day of SpgsnleYn 6t,-- 20�, by as V. F��—T of a r- ► corlibration, on;,,, behalf of the o poration. He/she is erso k wn to me OR has produced` P „ as identification and did (did not) take an oath. My Commission Expires: ,o` F ............ 'yy''',. (AFFIX OFFICIAL SEAL)O 02 (Sjg e of Notary Public) Name: Azad (Legibly Printed) Notary Public, State of: & �- Commission No.: _�&- A 15 Construction Services Agreement: Revised 01.28.21 (v10) G ATTEST: Witnesses as to Surety V 0 Suzan Yeatman Witnesses Holland Bickel STATE OF Georgia COUNTY OF Coweta SURETY: Great American Insurance Company (Printed Name) 301 East 14th St. Cincinnati, OH 45202 (Business Address) (Authorized Signature) (Printed Name) OR r A ttorn in Fact ( ach Power of Attorney) J Erik McMichael rI`p"C1 i SU,9 , (Printed Name) 47 Postal Parkway;; Newnan, GA 30263 #�;< (Business Address) 800 226-4520 (Telephone Number) The foregoing instrument was acknowledged before me by means of E/physical presence or El online notarization, this 29th day of September 1 2021 by J Erik McMichael , as Attorney -in -Fact of Great American Insurance Company an Ohio corporation, on behalf of the corporation. He/shie is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: December 10, 2022 ,`%lettettl# ♦•� �E S. pE *..+ \O a ` � (AFFIX OFFICIAL SExpiRES GEORGIA DEC.10, 2022 4 +...+ 0y�„_ (Signature of Notary Public) Michelle S. Deligne (Legibly Printed) Notary Public, State of: Georgia Commission No.: N/A 16 Construction Services Agreement: Revised 01.28.21 (v10) G GREAT AMERICAN INSURANCE COMPANYO Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR POWER OF ATTORNEY No.0 21343 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name SUZANNE YEATMAN JENNIFER S. FREEMAN J. ERIK MCMICHAEL MICHELLE DELIGNE Address ALL OF NEWMAN, GEORGIA Limit of Power ALL $100,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 23RD day of JULY 2019 Attest GREAT AMERICAN INSU NCE COMPAN P`Fy 1NSUp♦NC 44-- 41�� Assistant Secretary Divisional Senior Vice President STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK viCARiO (877-377-2405) On this 23RD day of JULY 2019 , before me personally appeared MARK V ICARIO, tome known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior rice Presidents, Divisional Vice Presidents and Divisonatl Assistant Vice Presidents, or any one of then[, be and hereby is authorised, front time to tinte, to appoint one or store Attorneys -in -Fact to execute on behalf of the Company, as sureh; any and all bonds, undertakings nd contracts gfsuretyship, or other written obligations in the nature thereof to prescribe their respective duties crud the respective limits of their authority; anti to revoke anv such appointntent at anv time. RESOLVED FURTHER: That the Company seal and the signature gf any of the aforesaid officers and any Secretaty or -Assistant Secretary of the Conipatny inanv be affzred by facsimile to any power of attorney or certificate of either given• for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Contpany as the original signature ofsuch officer and the original seal qf the Company, to be valid and binding upon the Contpany with the same force and effect as though matnualiv affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 29th day of September , 2021 e �e�'N � INSUk♦1� t� o. Assistant Secretary S1029AG (07/18) EXHIBIT 13-3, INSURANCE, REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain properly insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents, If Contractor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due 17 Construction Servlces Agreement, Revised 01.28.21 (V10) Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate, Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and ail contracts. 18 Construction Services Agreement- Revised 01.28.21 (00) G Collier County Florida Insurance and Bonding Requirements Insurance ! Bond Type Required Limits 1. ❑ Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https:/Iapr)s.fidfs.com/bor,,exempt/ 2. ❑ Employer's Liability $ single limit per occurrence 3, ❑ Commercial General Bodily Injury and Property damage Liability (Occurrence Form) patterned after the current $ single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability_ This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ❑ Indemnification To the maximum extent permitted by Florida law, the ContractorlVendor/Consultant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 5. ❑ Automobile Liability $ Each Occurrence; Bodily injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work_ $ � Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & In the aggregate $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 19 Construction Services Agreement: Revised 01.28.21 (v10) ❑ Gyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7, ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Calker County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal deposit Insurance Corporation, 8. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ❑ Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 10. ❑ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. 11, ❑ The Certificate Molder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ❑ Thirty (30) Days Cancellation Notice required. Contractor/Consultant's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (6) days of the award of this solicitation. Name of Firm Signature Print Name Insurance Agency Agent Name Date Telephone Number 20 Constructlon Services Agreement: Revised 01.26-21 (v10) (91 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: who after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and It's subcontractors, material - men, successors and assigns, all claims demands, damages, costs and expenses, whether In contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated ,20for the period from to This partial waiver and release Is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands. Ilcenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: President [Corporate Seal] The foregoing instrument was acknowledged before me by means of ❑ physical presence or © online notarization, this day of 20by I 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 Public) NAME: (Legibly Printed) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.: 21 Construction Services Agreement: Revised 01.28,21 (v10) sP Manager's Name: County`s Division Name Submitted by Contractor Contractor's Name & Address: Original Contract Time: Revised Contract Time: Retainage @5% through [Insert Date] Retainage @ `°Je after [Insert datel Percent Work Completed to Date: Percent Contract Time Completed to Date: Liquidated Damages to Be Accrued EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT of Courrry COmmO WNFR or Collier County Wafer -Sewer —..---- � Bid No. Prolect No. Application Date: Payment Application No. Original Contract Price: _ Total Change Orders to Date: Revised Contract Amount: Total Value of Work Completed & $ Retainage @ 5% through [Insert datell $ Less Retainage Total Earned Less Retain Less previous a ment s % AMOUNT DUE THIS APPLICATION: 0J4 $ Remaining Contract Balance ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) ail previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Ilens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner In writing and in advance of such Work. 22 Conshuctlan Services Agreemenl' Revised 01.28.21 (00) EXHIBIT DiCurtinued) SCHEDULE OF VALUES prefect Name: Prujcct NtinYner; Data: Period To: ITEM DEscwp7toN SCHEDULED WORK COMPLETED 074RED TOTAL PERCENT BALANCE 6% _7, toTAL NUMBER VALUE MAT04ALS COMPLETIMCOMPLETE TORNIBH RETANAOC RETAINAGE PPTAiNACE PREVIOUSAPPLICATIDNS THIS &STORED WITHHELD THRU DATE SINCEDATF; PERIOD TO DATE _ TOTALS • Explanation for the two columns under Prevlaus Applications: The Thfu Date Is where you will place all Information until the contract Is complete unlets a release or reduction of retalnage Issue comes into play. If this happens, all Information up to the date of the %change In retalnage is placed In the Thru Date column. Information after that date Is plated In the Since Date column. This States what has happened since the change in retalnage, 2s Construction Serviwa Agreement: Revised 01.28.21 (00) 9 Exhibit D (Continued) Stored Materials Record Formula: A+B-C-D=E Invoice Date Description Supplier Number A Previously Received B Received This Period C Previously Installed D Installed This Period E Balance To Install 24 Construction Services Agreement: Revised 01.28.21 (vl0) (9 EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: htt ://bccs Q1/SiteDirecto IASDlf'urchasin /Formsl/Forms/Default.as x Change Order Farm -71 Contraot0:I= Change0:= PurchaseOrdert, Pro}ectti Contracto0l'im Name: Project Name: Project Manager Name Department; Wgingl ConifactrWark Ckdw Amount Cr4 inal BCC Approval Oetic Agenda Item m Current BCC Approved Amount Lest 9.^..0 J+ppraval ❑ste: AQ%i-49 Ikem � Current Gentrsd-W rrk p(der Amount SAP ContrartExpiratiop DaWs thlaster} Dolhr Amauntof th6 Change oDivlo! TotolChange from OrWmlAmourt RevfaedCcntracVOVck.OrderTotal S l.t]a 01)IV1dl I Changefrom CurfentSC0ApprcrsdAmouht I-- ea k-1— a ❑ nn] I *DlV.,Vl Cheroe from Current An -mint Completion Date, Deseriptkon of the Task(s) Change, and Rationale for the Change Notice to Praeea Original Last Rpprovad Revised Date Date Completion Dat Date itNrrneN Ip, #of Days Added 5eleetTasks ❑ Add new USk(sl 0 Deletet5015e ❑ Changetask(s) d OtheriMOW Provide a tuponse to 'he following; l.( detailed and specific explanatlonhationale of the requested changeis[ to the task[s) and l or the additional days added [if requested); 2-)why thischan0ewas not included i n the original canttaet; and, 3.I desorihe the impact R this change Is not process Rd_ , BA& addWftgt reforrlats" from 1h$ nesiar Rrofirssionai andlor Comratior R reeded, Prepared by: Dale: [ mjeci klarager Nme an? Dic-pimmert} Aeceptarceoi this Change Order shallcons!'dute a mcddi:aoan 14 c4ntrsct r vrarkorCer i7entRl-� sbovo an9 ri ill bL nubjecl to ail the eanle ierm9 a,ndeond'dikns as contained iltIhf corlract ,warkorder indinaird abtiae. as fullyas rf the sarne•rrtra slele•� Ir,this aaoeplarcr, The 3d1a91mart,itany,JQJreCorrtraCtshadaonslitutnafull and finalse111emenlofany and allclsimsoftFeComt3mTl VendorfCons rhant+ Ota>� n Pr6legs f an a l aria log or t of 4r ra hard to the c harae let fanh herein, including c h, im s for im p!a and daisy cos n- Accepted by nI Dale - I) ante of Firm.' proleci3ppidable} Approved by: Dale: [pe6ranPrafeasi,�r.3tan+t hlanteai irm,' protect appl'�cab.e} Approved by'. Dale! (PrrcuremeM1i rafelaianai 25 Construction Services Agreernenl: Revised 01.28.21 (v10) (9 OWNER'S Project No. PROJECT: CONTRACTOR: Contract For Contract Date EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its Intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be ail -inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 26 Construction Services Agreement: Revlsed 01.26.21 (00) RESPONSIBILITIES: OWNER: CONTRACTOR The Following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents not is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on By: Design Professional Type Name and Title 2t] CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on 24 By: OWNER Type Name and Title 27 Construction Services Agreement: Revised 01.28.21 (v10) EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: PC No,; Date: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 5. 7. a. 9. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). As -Built drawings obtained and dated: _ Owner personnel trained on system and equipment operation. Certificate of Occupancy No.: issued on (attach to this form). Certificate of Substantial Completion issued on Final Payment Application and Affidavits received from Contractor on: Consent of Surety received on Operating Department personnel notified Project is in operating phase. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: if any of the above is not applicable, indicate by N/T if NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) 28 Construction services Agreement: Revised 01,28.21 Nl0) -� Do EXHIBIT H. GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power, availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance, The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 24 Construction Services Agreement: Revised 01.28.21 (00) 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, If conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (1 Q) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. Ail monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 30 Construckil Services Agreement: Revised 01.28.21 (00) limited to the hours of 7 a.m. to 7 p,m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager, 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either' (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore- or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re -submit the Application for Payment- The Owner shall, within ten (10) business days after the Application for Payment is 31 Construction Services Agreement: Revised 01-20-21 (v10) (9 stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes, The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment Is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in noway imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "lathes" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISAIMASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 32 Construdlon Services Agreement: Revlsed 01.28.21 Iv10) 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. FINAL PAYMENT, 61 Owner shall make final payment to Contractor in accordance with Section 218.735r F,S, and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment_ Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 33 Construction SeNices Agreement: Revised 01.28.21 (00) 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7,2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment, 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will 34 Consiruclion Services Agreement: ReVIsed 01.2&21 (v10) "yLi 7 record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS -GUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: B.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received an the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel; 8.1 A The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 3.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features 35 Construct{on Servlces Agreement: Revised 01.28.21 (09) 0 (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email. PubliicRecordRe uest colliercount fl. ov 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. 36 Construolion Services Agreement: ReVlSed 01.28.21 {00) 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impalred by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (1) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change 37 Constivclion Servlces Agreement: Revised 01.28.21 (v10) (9 Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner, 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, 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents_ Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract ❑ocuments, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim, 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 38 Construction Services Agreement: Revised 01.28.21 (v10) 11.3 The Contractor small proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work, If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such worn and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified 34 Construclion Services Agreement: Revised 01,28.21 (04) party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bondin Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seer.. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 143 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to worts in the United States, including the requirements set forth in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Contractors I Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying 40 Con0rucllon Services Agreement: Revised 01.28,21 �vl0) they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's ! Contractor's proposal may be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the £-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: htto://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit, Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT, 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. if Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17, PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218,80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Al Construction Servlces Agreement: Revised 01.28.21 (v10) 0 Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to d❑ so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents, 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. if the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 42 Construction Services Agreement: Revised 01.28-21 (00) 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18,B In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (4) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure Its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience. Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension, 20. COMPLETION. 43 Construction Services Agreement: Revlsed 01.28.21 (v10) 20,1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare: and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner, Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations, Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, 44 ConslrUiAiorl Services Agreement; Revised 01,28.21 (00) Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense, 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work, Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.8 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 45 Construction Services Agreemcnl: Revised 01.28.21 (v10) 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials 46 Construction Services Agreement; Revised 01.28.21 (00) (91 and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents, Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner_ 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.8, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from lass or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded In any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 47 Construction Services Agreement: Revised 01.28.21 (00) 25,3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time, 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from 48 C4n*1fUC1Jon Serviced Agreement! Revised 01.28.21 i041 damage, injury or loss. Contractor shall erect and maintain ail necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28,3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28,5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following- 28,5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must loci in and out with the Contractor each day; 28.5,3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 Al; Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulatians may be changed from time to time; 28.5.5 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 40 Conslructlon Services Agreement: Revised 01.28,21 (00) 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31, MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on slate roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference, Copies are available through Risk Management andlor Procurement Services Division, and is available on-line at colliergov.netlpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall 50 construclion Servlces Agreement; Revised Ota-21 (OD) 9,AID be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner. Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below; 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor Is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 51 Construcllun Services Agreement: Revised 01.28.21 (00) 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide'. 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 52 Construction Services Agreement; Revised 01.26-21 (00) (9 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase In the contract price, damages, losses or additional compensation, Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34,1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records; 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34A,14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements 53 Construction services Agreement; Revised 01,28.21 {v16) The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format, Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 3*6111.tlrr'A 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.@collieraov_net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. ia*�Tj4►L11J4 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and 54 Construction Services Agreement! Revised 61,2$.21 (v10) oleo construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38, ASOVEGROUNDIUNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30130A; FDEP chapter 62 regulations: specifically 761, 762. 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, MIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38,2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing 1 will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials 1 petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla, Slat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 55 Construction Services Agreement: Revised 01.28.21 (v10) EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS "N/A" 5s Consiruction Services Agreement: Revised 01.26 21 (viv) OCAO