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Agenda 12/14/2021 Item #11A (ITB Contract #21-7918 - Andrew Sitework, LLC)12/14/2021 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid ("ITB") No. 21-7918, to Andrew Sitework, LLC, in the amount of $1,546,350, approve the necessary budget amendment, and authorize the Chair to sign the attached Agreement for the Trail Boulevard Water Main Improvements Phases 2 & 3, Project 70181. OBJECTIVE: To meet demand, stay in compliance, and serve customers efficiently by providing a compliant and reliable potable water system to Collier County Water -Sewer District customers. CONSIDERATIONS: The proposed scope of work under Project No. 70181, "Trail Boulevard Water Main Improvements Project," is consistent with the FY2022 Budget approved by the Board on September 23, 2021. The Board Approved Phase 1 of this project on January 24, 2017 (Agenda Item 16.C. L), which included relocating and adjusting portions of the existing water main along Trail Boulevard to accommodate the FDOT drainage improvement project along US-41 and Trail Boulevard. The Phase 1 project was completed in Spring of 2017. Phase 2 includes replacement of the remaining portions of cast iron water main and replacing with new PVC pipe material. Phase 3 includes installing additional PVC water main to loop the water system in this area. This phase also eliminates six difficult -to -maintain cast iron water main crossings under US-41. The cast iron water main was installed in the late 1970's, has reached the end of its useful life and needs to be replaced. This project provides additional potable water reliability, improves water quality, and also improves the fire flows available to the northern portions of the Collier County Water -Sewer District. On August 13, 2021, the Procurement Services Department posted ITB No. 21-7918 for construction of the Trail Boulevard Water Main Improvements Phases 2 & 3. The County received six bids by the September 14, 2021, deadline as summarized below. RESPONDENTS: Company Name City County ST Total Bid Responsive /Responsible Andrew Sitework, LLC Fort Myers Lee FL $1,546,350.00 Yes/Yes PWC Joint Venture, LLC Fort Myers Lee FL $1,603,297.00 Yes/Yes Coastal Concrete Projects, LLC Fort Myers Lee FL $1,688,547.00 Yes/Yes Haskins, Inc. Bonita Springs Lee FL 1 $1,958,646.00 Yes/Yes Douglas N. Higgins, Inc. Naples Collier FL $1,967,054.00 Yes/Yes Mitchell & Stark Construction Co. Inc. Naples Collier FL $2,085,428.13 Yes/Yes Staff determined all the bidders to be responsive and responsible and found that Andrew Sitework, LLC, a Lee County company, is the lowest responsive and responsible bidder. Andrew Sitework, LLC has been in business for 13 years and has performed satisfactory work for the County including projects such as Bayshore Fire Suppression Phase 3 and Carica Pump Station Water Main Improvements. Staff and engineering consultant, Johnson Engineering, Inc., determined the lowest bid is fair and reasonable, and recommends awarding the contract to Andrew Sitework, LLC. The engineer consultant evaluated references and deemed them acceptable to determine experience on work of a similar magnitude judged within the last five years based on prior experience, skill, business standing, and its Packet Pg. 485 12/14/2021 ability to conduct the work as completely and timely as required by the Agreement. The bid is approximately 21.7% above the engineering consultant's $1,270,319 opinion of probable cost. Johnson Engineering, Inc.'s opinion of probable cost is based on a material quote received by the supplier that increased in cost by approximately 50% by the time the County solicited the project. The Procurement Services Division concluded bidding was competitive and representative of market conditions. The bid tabulation, engineer's letter of recommendation (the "DELORA"), the Notice of Recommended Award (the "NORA") and contract are attached. FISCAL IMPACT: A budget amendment in the amount of $1,200,000 is necessary to reallocate funding from projects within the Water Capital Project Fund (412). The source of funding is water user fees. Annual operating costs for this replacement water main are expected to remain the same or decrease. Abandonment of the existing cast iron water main under US41 will eliminate the cost of those repairs. The project is expected to be completed in 2022. 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 Invitation to Bid No. 21-7918, "Trail Boulevard Water Main Improvements Phases 2 & 3," to Andrew Sitework, LLC, in the amount of $1,546,350, approve the necessary budget amendment, and authorize the Chair to sign the attached agreement. Prepared By: Alicia Abbott, E.I., PMP, Public Utilities Engineering & Project Management ATTACHMENT(S) 1.21-7918 - Bid Tabulation (PDF) 2.2021-10-04 - DELORA (Trail Blvd) (PDF) 3.21-7918 NORA.docx (PDF) 4. [Linked] 21-7918 AndrewSite Contract CAO (PDF) 5. 21-7918 AndrewSite_Insurance (PDF) 6. Trail Water Main Improvements PPP Final (PDF) Packet Pg. 486 11.A 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: I LA Doe ID: 20611 Item Summary: Recommendation to award Invitation to Bid ("ITB") No. 21-7918, to Andrew Sitework, LLC, in the amount of $1,546,350.00, approve the necessary budget amendment, and authorize the Chair to sign the attached Agreement for the Trail Boulevard Water Main Improvements Phases 2 & 3, Project 70181. (Ben Bullert, P.E., Public Utilities Principal Project Manager) Meeting Date: 12/14/2021 Prepared by: Title: Project Manager — Public Utilities Planning and Project Management Name: Alicia Abbott 11/16/2021 12:57 PM Submitted by: Title: Division Director - Public Utilities Eng — Public Utilities Planning and Project Management Name: Tom Chmelik 11/16/2021 12:57 PM Approved By: Review: Water Pamela Libby Additional Reviewer Public Utilities Planning and Project Management Tom Chmelik Wastewater Steve Messner Additional Reviewer Public Utilities Operations Support Joseph Bellone Additional Reviewer Public Utilities Operations Support Jennifer Morse Additional Reviewer Public Utilities Planning and Project Management Benjamin Bullert Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Public Utilities Operations Support Tara Castillo Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer Procurement Services Sue Zimmerman Additional Reviewer Procurement Services Michael Cox Additional Reviewer 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 County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/16/2021 1:03 PM Additional Reviewer Completed Completed 11/16/2021 1:36 PM Completed 11/16/2021 2:57 PM Completed 11/16/2021 3:23 PM Additional Reviewer Completed Completed 11/16/2021 4:31 PM Completed 11/16/2021 4:52 PM Completed 11/17/2021 9:18 AM Completed 11/17/2021 9:33 AM Skipped 11/17/2021 12:13 PM Completed 11/17/2021 3:10 PM Completed 11/19/2021 9:52 AM Completed 11/19/2021 11:25 AM Completed 11/19/2021 11:33 AM Completed 11/19/2021 12:02 PM Packet Pg. 487 Office of Management and Budget County Manager's Office Board of County Commissioners Susan Usher Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending 11.A 12/14/2021 Completed 12/04/2021 3:34 PM Completed 12/06/2021 2:44 PM 12/14/2021 9:00 AM Packet Pg. 488 H 41gl-1 , mm ma me«lm'o's # m'21' a _@Vm'ML 4z*O,a aL_)mmmtmegM+e a8w43B m " - 00 \\ n i® k }}� {) 1 11.A.2 I SINCE 1946 ENGINEERING October 4, 2021 Procurement Strategist Collier County Procurement Services 3295 Tamiami Trail East Naples, FL 34112-5361 RE: Design Entity Letter of Recommended Award Solicitation No. 21-7918, Trail Boulevard Water Main Improvements Phases 2 & 3 Dear Procurement Strategist: Collier County prepared a bid analysis of the quotes received for the above referenced project and provided Johnson Engineering with only the lowest bidder's quote. We are pleased to provide the following award recommendation based upon the quote provided. The scope of the Trail Boulevard Water Main Improvements Phases 2 & 3 project includes replacing the existing water system with approximately 7,558 LF of 8" PCV C900 DR18 water main via open cut method, installing 4 air release valves, 20 fire hydrants, 18 gate valves and N boxes, water services and 933 LF of pipe restraint at existing connection points as well as general, c roadway, and driveway restorations. Based upon the attached bid quote provided by the Collier m County Purchasing Division, and their email sent on September 28, 2021, Andrew Sitework, LLC is the low bidder with a bid amount of $1,546,350.00. This bid amount is approximately 17.8% more than this engineer's Opinion of Probable Construction Cost (OPCC) in the amount of 3 $1,270,319.00 dated July 1, 2021. It should be noted that the OPCC was based on a material Q quote received by the supplier that increased in cost by approximately 50% by the time the project was bid. o N Andrew Sitework, LLC (ASW) is part of the Utility System Construction Industry with utility construction experience performed locally as well as throughout southwest Florida. The projects provided by ASW as references are primarily public utility projects. Johnson Engineering. contacted the provided references to discuss if the work performed by Andrew Sitework, LLC was similar in nature to the proposed Trail Boulevard Water Main Improvements Phases 2 & 3 project and if ASW performed acceptably on the projects. We contacted the 6 references and our check log is attached. In summary, we received the following 5 responses: 1) City of Fort Myers, 10 Mile Canal 24" Force Main, Fort Myers, FL Johnson Engineering contacted Robbie Powell, project manager from Wright Construction Group, who was the project manager the City of Fort Myers' 10 Mile Canal 24" force main project. He provided positive feedback regarding ASW's work, and confirmed that the project was completed timely, within budget, and included installation of more than 5,380 feet of potable water pipeline. Mr. Powell stated that pipeline through an existing single-family residential neighborhood and utility construction work within a FDOT right of way have been performed in past projects without issue. 2122 Johnson Street . Post Office Box 1550 . Fort Myers, Florida 33902-1550 Phone: (239) 334-0046 . www.JohnsonEngineering.com Packet Pg. 490 11.A.2 Collier County Procurement Services RE: DELORA for Solicitation No. 21-7918, Trail Boulevard Water Main Improvements Phases 2 & 3 October 4, 2021 Page 2 2) Immokalee Water & Sewer District, IWSD — Water Main Replacement, Immokalee, FL Johnson Engineering made several attempts to contact the engineer for Greely Hanson, the engineer responsible for the IWSD — Water Main Replacement project. No response was received. 3) FGUA, Del Prado Reuse Transmission Main, Cape Coral/North Fort Myers, FL Johnson Engineering was responsible for the design and provided construction engineering inspection assistance of the Del Prado Reuse Transmission Main project and had no issues with ASW's work, and confirm that the project did include utility construction within county/state rights -of -way that abutted single-family developments and the project included installation of reuse/reclaimed main in an amount greater than 5,280 LF. 4) Cape Coral Underground Fire Lines, City of Cape Coral, Cape Coral, FL Johnson Engineering contacted Bill Sperry, P.E., an engineer for the City of Cape Coral, the owner of the project. Mr. Sperry provided positive feedback regarding ASW's work, and confirmed this project, as well as many others, did include utility construction within a FDOT right of way, and included installing pipeline through an existing single-family residential neighborhood and installed at least 1 mile of potable water main pipe as part of the project. Mr. Sperry also stated that ASW is one of the preferred contractors for the City's utility work. 5) City of Fort Myers/FDOT, McGregor Blvd Reconstruction & Drainage, Fort Myers, FL o Johnson Engineering contacted the Robbie Powell, project manager for Wright z Construction Group, the general contractor responsible for the McGregor Blvd Reconstruction & Drainage project. Mr. Powell provided positive feedback regarding ASW's work, and confirmed that the project did include utility construction within a FDOT 3 right of way, and included installing pipeline through an existing single-family residential Q neighborhood and installation of at least 5,280 LF of potable water main pipe as part of the project. 0 N 6) Charlotte County BOCC, Parkside CRA Utility Improvements, Port Charlotte, FL Johnson Engineering contacted Arthur Markham, the project manager for Charlotte County, responsible for the Parkside CRA Utility Improvements project. Mr. Markham m stated the project construction time was originally 360 days and was extended an additional — 250 days. It also had an original budget of $ 3.4 million and the final contract amount was $4.2 million. The remaining feedback was positive regarding ASW's work, which did Q include utility construction within a FDOT right of way, included installing pipeline through an existing single-family residential neighborhood and included 4,805 LF of of potable water main, a gravity sewer lift station and force main. o All references that responded to Johnson Engineering provided positive feedback on ASW's work. ASW submitted all the required bid forms and is the lowest responsive and responsible bidder based on materials provided. Based on the above information, Johnson Engineering recommends Andrew Sitework, LLC be awarded the Trail Boulevard Water Main Improvements Phases 2 & 3 project in the amount of $1,546,350.00. Packet Pg. 491 11.A.2 Collier County Procurement Services RE: DELORA for Solicitation No. 21-7918, Trail Boulevard Water Main Improvements Phases 2 & 3 October 4, 2021 Page 3 Please feel free to call me at my direct office line (239) 461-2455 with any questions. Very truly yours, JOHNSON ENGINE , INC. I Mi hael S. Di key, P Vice President/Director of Utilities Services MSD/ljb Enclosures Packet Pg. 492 c61.LYer county Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 21-7918 Reference Check by: Brett A. Dean, E.I. Solicitation Title: Trail Boulevard Water Main Improvements Phases 2 & 3 Date: September 28, 2021 Bidder's Name: Andrew Sitework, LLC Phone: 239-226-1606 Design Entity: Johnson Engineering, Inc. REFERENCED PROJECT: Project Name: 10 Mile Canal 24" Force Main I Project Location FFort Myers, Lee County, FL Project Description: 11,000 LF of 24" FM & 1-30" directional drill Completion Date: 2016-2017 Contract Value: $1,220,000.00 Project Owner/Title: City of Fort Myers Owner's Address: 2200 Second St, Fort Myers, FL 33901 Phone: 239-841-5000 Owner's Contact Person: Robbie, Powell, Project Manager E-Mail: Robbie.powell@wcgfl.com 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) 4. Did the process run smoothly? Were there any changes? Describe below. Yes, no major changes 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No warranty issues 7. Did the project include any utility construction within an FDOT ROW?: No, but Andrew has done work for us on FDOT ROW before. 11.A.2 co 0 54 Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 493 8. Can you confirm if this project included installing utility pipeline through an existing single family neighborho 11.A.2 No, but Andrew has done work for us through residential areas before. 9. Did the project include installation of at least 5,280 feet of potable water pipeline? co 0 54 Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 494 Solicitation No.: Solicitation Title: Bidder's Name: Desien Entitv: cor county Administrative Services Deparlbrnent Procurement Services Division VENDOR REFERENCE CHECK LOG 21-7918 Reference Check by: Brett A. Dean, E.I. Trail Boulevard Water Main Improvements Phases 2 & 3 Date: September 28, 2021 Andrew Sitework, LLC Phone: 239-226-1606 Johnson EneineerinR. Inc. REFERENCED PROJECT: Project Name: Del-Prado Reuse Transmission Main Project Location: Cape Coral/Fort Myers, FL Project Description: 6,000 LF of 12"-20" PVC via open -cut & 6,000 LF via HDD Completion Date: 2018-2019 Contract Value: $2,318,113.00 Project Owner/Title: Florida Governmental Utility Authority (FGUA) Owner's Address: 9841 Bernwood Place Dr, Ste 120, Fort Myers, FL 33966 Phone: 239-334-0046 Owner's Contact Person: Dave Trouteaud, Engineer E-Mail: dbt@johnsoneng.com 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes, some minor deviations but nothing major. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No issues 7. Did the project include any utility construction within an FDOT ROW?: Yes 11.A.2 co 0 N m LL r a O J W 0 0 N O N a-: C a� E t U 2 r Q Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 495 8. Can you confirm if this project included installing utility pipeline through an existing single family neighborho 11.A.2 It was within County/State ROW's that abutted single family developments 9. Did the project include installation of at least 5,280 feet of potable water pipeline? This project was a reuse/reclaimed main greater than 5,280 linear feet co 0 54 Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 496 Solicitation No.: Solicitation Title: Bidder's Name: Desien Entitv: cor county Administrative Services Depart rnent Procurement Services Division VENDOR REFERENCE CHECK LOG 21-7918 Reference Check by: Brett A. Dean, E.I. Trail Boulevard Water Main Improvements Phases 2 & 3 Date: September 28, 2021 Andrew Sitework, LLC Johnson EnRin REFERENCED PROJECT: Inc. Phone: 1 239-226-1606 Project Name: Cape Coral Underground Fire Lines Project Location: Cape Coral, FL Project Description: 15,000 LF of 4"-12" water main by open cut installation. Completion Date: 2021 Contract Value: $2,862,424.00 Project Owner/Title: City of Cape Coral Owner's Address: PO Box 150027 Cape Coral, FL 33915 Phone: 239-574-0729 Owner's Contact Person: Jeff Pearson, Utility Director E-Mail: Ipearson@capecoral.net 1. Was project completed timely and within budget? (If not, provide detail) Yes. The budget was slightly exceeded due to additional requirements imposed by the Public Works Department through no fault of Andrew Sitework (ASW). 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, Andrew Sitework is one of the City's preferred Contractors. 4. Did the process run smoothly? Were there any changes? Describe below. The process ran very smooth given the numerous work sites scattered around the City and involved relaying waterline to reconnecting fire systems to the potable waterline. There were a few changes but most were due to less than optimal engineering drawings. S. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes, all paperwork completed and submitted 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? None to date 7. Did the project include any utility construction within an FDOT ROW?: No, but Andrew has done work for us on FDOT ROW before. 11.A.2 Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 497 11.A.2 8. Can you confirm if this project included installing utility pipeline through an existing single family neighborhood? A portion of the project was performed in a single family residential neighborhood. ASW has also done three very large water line replacements completely in residential neighborhoods in the past that were very successful. 9. Did the project include installation of at least 5,280 feet of potable water pipeline? Yes 10. Additional comments: As noted above, ASW is one of the preferred contractors for City utility work. Their crews are very experienced and their supervision is second to none. They are very good to work with on a project and require minimal inspection staff supervision. Their projects have always been completed on time and within budget except for occasional Owner initiated changes. We are presently finishing up another job with ASW on a joint project with Lee County. You cannot go wrong with ASW. Any questions please give me a call at either of the numbers listed below. Thanks, Bill Sperry Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 498 Solicitation No.: Solicitation Title Bidder's Name: Design Entitv: cor county Administrative Services Departrrnent Procurement Services Division VENDOR REFERENCE CHECK LOG 21-7918 Reference Check by: Brett A. Dean, E.I. Trail Boulevard Water Main Improvements Phases 2 & 3 Date: September 28, 2021 Andrew Sitework, LLC Phone: 239-226-1606 Johnson Engineering. Inc. REFERENCED PROJECT: Project Name: McGregor Blvd Reconstruction & Drainage Project Location: Fort Myers, FL Project Description: 2 miles of roadway building, drainage and restoration Completion Date: 2019 Contract Value: $5,400,000.00 Project Owner/Title: City of Fort Myers, FDOT Owner's Address: 2600 Dr MLK Jr Blvd, Ste 101 Fort Myers, FL Phone: 239-841-5000 Owner's Contact Person: Robbie Powell, Project Manager E-Mail: Robbie.powelI@wcgf1.com 1. Was project completed timely and within budget? (If not, provide detail) 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) 3. Was the construction process performed satisfactorily? (If not, provide detail) 4. Did the process run smoothly? Were there any changes? Describe below. Yes, all changes were a result of unforeseen conflicts 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No warranty issues 7. Did the project include any utility construction within an FDOT ROW?: Yes 11.A.2 co 0 N m LL r a O J uJ 0 0 N O N a-: C a� E t v 2 r Q Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 499 8. Can you confirm if this project included installing utility pipeline through an existing single family neighborho 11.A.2 9. Did the project include installation of at least 5,280 feet of potable water pipeline? co 0 54 Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 500 Solicitation No.: Solicitation Title: Bidder's Name: Desi cor county Administrative Services Deparlbrnent Procurement Services Division VENDOR REFERENCE CHECK LOG 21-7918 Reference Check by: Brett A. Dean, E.I. Trail Boulevard Water Main Improvements Phases 2 & 3 Date: September 28, 2021 Andrew Sitework, LLC Phone: 239-226-1606 Johnson Engineering, Inc. REFERENCED PROJECT: Parkside CRA Utility Project Name: Improvements Project Location: Port Charlotte, FL 3,000 LF of gravity main; 2,500 LF of 24" force main; 4,000 LF of WM; 2-30" HDDs under Project Description: FDOT Roadway Completion Date: 2017 Contract Value: $4,300,000.00 Project Owner/Title: Charlotte County BOCC 1850 Murdock Cir Owner's Address: Port Charlotte, FL Phone: 841-743-1377 Owner's Contact Arthur Markham, Person: Project Manager E-Mail: art.markham@charlottecountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Original contract amount $ 3,439,801.58. Final contract amount $4,243,678.19. Original contract time:.360 calendar days. Start date: 01/04/2016 completion date: 02/24/2018. Added 250 days 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. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No warranty issues everything was fine 7. Did the project include any utility construction within an FDOT ROW?: Yes 11.A.2 co 0 N > 00 LL r a o: O J W 0 0 N O N a-: C N E t U 2 r Q Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 501 8. Can you confirm if this project included installing utility pipeline through an existing single family neighborho 11.A.2 9. Did the project include installation of at least 5,280 feet of potable water pipeline? No. 4,805 LF potable water main. Project also included gravity sewer lift station and force main co 0 54 Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 502 DocuSign Envelope ID: DC9D7B61-C4DF-4EE3-82F1-53FE4C5079FD 11.A.3 Coer County Administrative Services Department Procurement Services Division Date: October 5, 2021 0 a Notice of Recommended Award E Solicitation No.: 21-7918 Title: Trail Boulevard Water Main Improvements Phases 2 & 3 L Bid Due Date and Time: September 14, 2021 @ 3:00 pm RESPONDENTS: Company Name City County ST Total Bid Responsive/ Responsible Andrew Sitework, LLC Fort Myers Lee FL $1,546,350.00 Yes/Yes PWC Joint Venture, LLC Fort Myers Lee FL $1,603,297.00 Yes/Yes Coastal Concrete Projects, LLC Fort Myers Lee FL $1,688,547.00 Yes/Yes Haskins, Inc. Bonita Springs Lee FL $1,958,646.00 Yes/Yes Douglas N. Higgins, Inc. Naples Collier FL $1,967,054.00 Yes/Yes Mitchell & Stark Construction Co. Inc. Naples Collier FL $2,085,428.13 Yes/Yes Utilized Local Vendor Preference: Yes = No = N/A On August 13, 2021, the Procurement Services Division issued ITB Solicitation 21-7918 Trail Boulevard Water Main Improvements Phases 2 & 3, to thirty-five thousand one hundred forty (35,140) vendors. Eighty-eight (88) vendors viewed the bid package and on September 14, 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 Andrew Sitework, LLC is the lowest responsive and responsible bidder. Staff therefore recommends the contract be awarded to Andrew Sitework, LLC, the lowest responsive and responsible bidder, for a total contract amount of $1,546,350. Required Signatures DocuSigned by: Project Manag r:AUuA, Abbb{f 10/13/2021 DocuSigned by: Procurement Strateg step -PAC. 10/13/2021 0321CC6D8B7F455... Procurement Services Director: DocuSigned by: (� 10/13/2021 �§SF 'rFR96era Tab 2 - Appendix 11- Template — Notice of Recommended Award — NORA—rev 02-14-20 Packet Pg. 503 Client#: 1462194 132ANDRESIT 11.A.5 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATED 11/02/2021 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 E BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. L 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 CU this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Mary Hoshor m McGriff Insurance ServicesNTACT PHONE 239 433-7149 A/C, No, 866-802-8680 13515 Bell Tower Drive E A Lo, Et): cC ADDRESS: mhoshor@McGriff.com Fort Myers, FL 33907 INSURER(S) AFFORDING COVERAGE NAIC # i 239 433-4535 25453 INSURED Andrew Site Work LLC 2511 Palm Avenue Fort Myers, FL 33916 COVERAGES CERTIFICATE NUMBER: INSURER A: Nationwide Insurance Co of America INSURER B: Allied P & C Insurance Co 42579 O to INSURERC: FCCI Insurance Company 10178 M INSURER D : Allied Insurance Company of America 10127 � INSURER E: T_ to INSURER F : L 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 AC PLZ03100181509 9/15/2021 09/15/2022 EACH OCCURRENCE $1,000,000 CLAIMS -MADE F OCCUR PREMISES Eaoc.urence $100,000 X MED EXP (Any one person) $5,000 PD Ded:1,000 PERSONAL & ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ^I JECOT LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: D AUTOMOBILE LIABILITY X X ACPBAL3100181509 9/15/2021 09/15/202 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 $ B X UMBRELLA LIAB N OCCUR ACPCAP3100181509 09/15/2021 09/15/2022 EACH OCCURRENCE s5,000,000 AGGREGATE s5,000,000 EXCESS LIAB CLAIMS -MADE DED I X RETENTION $0 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICER/MEMBER EXCLUDED? F_N1 (Mandatory in NH) N / A X WC010006777501 4/01/2021 04/01/202 X PER OTH- STATUTE 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 B Rented Equipment ACPCIMP3100181509 9/15/2021 09/15/202 $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Workers Comp Information includes USLH Coverage Project: Trail Boulevard Water Main Improvements Phases 2 & 3" For any and all work performed on behalf of Collier County. Collier County Board of County Commissioners is named as an additional insured with respect to General (See Attached Descriptions) CERTIFICATE HOLDER Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 CO CANCELLATION IL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE N THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN r ACCORDANCE WITH THE POLICY PROVISIONS. d E AUTHORIZED REPRESENTATIVE i v A<C4 , 11ICJ"Ift411416P. k-,,- © 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. 504 #S28918539/M28699065 TOLE DESCRIPTIONS (Continued from Page 1) 11.A.5 Liability and Automobile Liability on a primary and non-contributory basis. r to O N SAGITTA 25.3 (2016/03) 2 of 2 #S28918539/M28699065 Packet Pg. 505 nnaapuV o; `866L-LZ 'oN 8ll P-1eMV : 6L906 leU1d ddd s;uauaanoidual uiew aa;eM deal :}u9wLj3ejjv ca 0 Q uO a d m Y V R d m 66 N O m 0 N E U c� dJ Q anaapuV o; `S6U-6Z'ON 1311 pJ12MV 6OR) IeU1=l ddd s;uauaanoidwi uieW as;eM 1iej1 :;uOwL]Oe;;d I- Q C) � d N yr d Y u R d O a_+ U N =3 f6 N N •� 0 •� :3 L Q1 E aN-+ ate-+ C6 ate-+ Q bn U N _CL v too U U (IJ v v O ca _C f6 i1 N O Q O }' ate-+ i r1 .O > N N 4-J 4-J 4--j ■ ■ U Q) C O U nnaapuV o; `866L-LVON 811 P-1eMV : 6L90Z) leUld ddd s;uawanoidual ulew aa;eM Ile.al :;ugwLj3e;;v 00 0 d r m r d m +. d V R a l� nL.- Co 1� m 2 J_ Q W J 0 z H Q 0 f'0 J Q F- H • � N a 0 U 4' v O M 06 N V) M a PINE RIDGE ROAD nnaapuV o; `9I,6L-6Z 'oN 8ll P-1emV : 1,1,906 leU1=l ddd s;uauaanoidual uiew as;eM deal :;uawLj3e;;v N n� W Lo Q J � 0 CD Q J o z BANYAN ROAD U RIDGE DRIVE o L 06 d N f L U) MYRTLE ROAD G O _ ��E Q r E — a 0 U nnaapuV o; `866L-LVON 8ll P-1eMV : 6�90Z) leU1d ddd s;uawanoidual uiew aa;eM deal :;ugwLj3e;;�y � o r d r m r d L m m a rn 4-j M () Q) Lo VANDERBILT BEACH ROAD Phase 2 8 3 ui HICKORY ROAD 0 o Q v 2 � j J O_ Q w a a O o `n m J a Q a BANYAN ROAD MOJPUV o; `S6U-6Z 'ON 1311 pJ12MV 6OR) IeU1=l ddd s;uauaanoidwi uieW .Ia;eM Iiej1 :;uOwL]Oe;;d Q u) IL m Y u R d ■ I Ln v J ^L W CO Ln i a b L •L Ln 0 O U t� ■ MOJPUV o; `S6U-6Z 'ON 1311 pJ12MV 6OR) IeU1=l ddd s;uauaanoidwi uieW .Ia;eM 1iej1 :;uOwL]Oe;;d N Q LC) IL n rr d Y u R d rl N N C6 O cn +-+ z>�� O U om U a) O _ s = � — O O O N •� C O Ct3 O C O O L- -0 O //}�� L M rl W D O -�-J E O ' ^ J- l M c—I > •� O O �--+ 0- 00 ul aA 0 E O 01 -c =3 ■ CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Andrew Site Work, LLC ("Contractor') of 2511 Palm Ave, Fort Myers, FL 33916, a Florida Limited Liability Company, authorized to do business in the State of Florida, to perform all work ("Work") in connection with "Trail Boulevard Water Main Improvements Phases 2 & 3", Invitation to Bid No. 21-7918 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Johnson Engineering, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof. the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Doruments shall be maintained by Contractor at the Project site at all times during the performance of the Work. S. 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 (�erein "Contract Amount"), in accordance with the terms of this Agreement: One Million Five Hundred Forty -Six Thousand Three Hundred and Fifty Dollars ($1,646,350.00). Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and 8-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner'. provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas..qov/c570/c570.htrnl#certified. Should the Contract Amount be less I Construction services. Agreement, Revised 01.28.21 (v1 0) (C DX than $500,000, the requirements of Section 287,0935, F.S. shall govern the rating and classification of the surety. 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 Llauldated Damacles. 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 two hundred seventy (270) 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 (of 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 cis a penalty, One Thousand Six Hundred Ninety -Four Dollars ($1,694.00) 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 8ubstantial 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 an a Saturday 2 construction Services Agreement: Revr�sed 01,2a-21 (00) 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. D, Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner, The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work. Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents, H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of Its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #21-7918 "Trail Boulevard Water Main Improvements Phases 2 & 3". Exhibit A-1: Contractor's Bid Schedule Exhibit A-2, Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1 : Payment Bond Forms Not Applicable Exhibit B-2: Performance Bond Forms Not Applicable Exhibit H-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D-. Contractor Application for Payment Form 3 ConstrLdion Services Agreement; ROVISO 01.28.21 (v 10) Exhibit F: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H, General Terms and Conditions Exhibit 1: Supplemental Terms and Conditions L] Applicable X Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #21-7918 "Trail Boulevard Water Main Improvements Phases 2 & 3". The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: httl)s://www, bids y nc. comlbid sync-ca 5/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box � ED ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. IZExhibit J: Technical Specifications E]Exhibit K Permits 7Exhibit L: Standard Details EExhiblt M: Plans and Specifications prepared by Johnson Engineering, Inc. [KExhibit 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 Owned 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 3339 Tamiami Trail East, Suite 303 Naples, Florida 34112-5361 Attn, Alicia Abbot, Project Manager Phone: (239) 252-5344 Email, Alicia Abbott(EDcollierCOLintyfl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be! made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile,! addressed to the following: Andrew Site Work, LLC 2511 Palm Ave Fort Myers, FIL 33916 Attn. Ralph C. Andrew 111, President Phone: (239) 226-1606 Email: Ralph ganciFewsitework.com C. Either party may change its above noted address by giving written notice to the other party! in accordance with the requirements of this Section. 4 Construction Services Agreement: Revised 01.28.21 (00) 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 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 CATFGCRY 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 Assians. 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 �ts right thereafter to enforce each and every such provision, Section 13. Entire Aareement. 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 negollat�ons, 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, Const(uctlon SoNins Agreement RevIsed 01.20.21 (00� SectionlS. Chanae 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. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement- The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. W*** 6 Construution 8ervicas Agreement: Revised 01.28.21 (0 0) IN VVI I NIZOO MiEREOF, the paweS Have executed this Agreement on LHIZ; CUU�01 ndicated below. 6 'IRST WITNESS 4(` 7 e:57 Z4 <140 o / e Print Name Print Name ate. Uf I Ip I u ul I UVLL11:r\ %�v.JUIN I I F F\ EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Constfudlon Services Agroemenl: RevIsed 01,2B.21 (00) 9 Solicitation NO: 21-7918 ,Solicitation Title: Trail Boulevard Water Min Improvements Phases 2 & 3 Bid Due Date: September 14, 2021 BID SCHEDULE I- . --- 13100L�: ANDREW SITF=WOKK. LILC ITEM ND. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT General I Mobilizatlonj Dernobllizaticri L5 1 $92,350,00 $92,35o.00 2 Maintenance ufTrafflC LS 1 $65,340.0 $65,340,00 3 Survey& Record Drawings L$ 1 $53,450.00 $53,4%00 4 Pre -Construction Video LS 1 $10,140,00 slojlu.00 5 Furnish and Install Project Sign I— I - 19,592.001 $19,592.00 SUB -TOTAL GENERAL: $240,882.00 Water System 6 Install Water Main Pipelines a� 8-Inch PVC C900 DR18 Water MzIn Via Open Cut Method LF 1 7558 $55321 $418,108.56 7 Connect to Existing Water M a in a. Connect to Existing S-Inch Water Main EA 10 $2,305.G11 $23,060.00 b. Connect to Existing 6-Inch Water Main EA 1 $3,097,00 $3,097.00 8 Install Air Release Valve EA 4 $2,367.00 9 Install Fire Hydrant Assem4ly EA 20 L654,00 10 Install Gate Valve and Box a, 8" Oate Valve and Box EA 18 $.2.084.00 $57,512.001 11 Install Permanent BarteriologlEal Sample Point EA 10 $2,34600 �23,460.001 12 Water Services a. NEW Short Side Single Service, Water Meter and Box EA 4 1,833,00 $7,332,00 b. NEW Short Side Double Service, Water Meterand Box EA 3 �2,358,00 $7,074.00 c. jh DrtRS i dTe Service (Connect to Existing Meter) EA 23 1 527,00 $55,1 13 Ip . !Ole P at Existing Connection Points LF 933 $65.80 562,324.AO SUB -TOTAL WATER SYSTEM: $73%636.96 Restoration 14 General Restoration 1 $106,600.54 is RoadwaV Restoration SY 2066 $51,20 $1059779.20 16 Remove and Replace Driveways a, Asphalt (this includes I rock drivewayl SY 1350 $36.00 48,600.00 b, Concrete Sy 753 $99.001 $74,547�00 c, Brick Pavers SY 964 $48.261 $46,522.64 27 Remove and Reelace Slclewalk a. Concrete Sidewalk �y So $135.01 $�6,750.00 19 Abandon & Remove Existing -Water Main a, Existing 6" AG water main LF 313 $18.23 $5,705.99 b. Existing 6" PVC Water Main LF 31 $59.00 $1,829.00 c. Exilting 6" Cast Iron Water MMn 679 $18.14, $12,724 19 Abandon & Grout Existing Water Main a . Existing 8', Pvc Water Main LF 285 $14�21 $4,049.85, b. ExIslinu 6" Cost Iton Water Mala Lr 318 $16.30 $5,183.40 c. Existing 611 AC Water Main L� 273 $17�00 $4,G41.00 d . Existing e)" PVC Water Main LF 9 $238.00 $2,142.00 a. Existing 6" Cost Iron Water Main LF 3594 �11.34 �40,755�96 SUB -TOTAL TRAFFIC SIGNAL; 465,831.04 ICC-10000 OWNERS ALLOWANCE T&M 1 $100,000-001 5100,000,00 I I [TOTAL DID -TRADEWORK SUBTOTAL+ OWNER ALLOWANCE I (Owners Allowance) - for Owners Use as Directed. This Allownrice wIll be LIS041 only at the Owner's direction to accomplish work dUo to unforeseQn condidons and�or as d1racted by the Owncr Inclusion of the Allowanm as pwt of thQ Conlu�cl. P4�.e is not a that tho CartractorwHI be paid any portion or the fvIi aniount of the Allowance- Expenftraf, cf Owners Allowance will be IMKIP thrOLI-911 Chnnge Order with proper dOCUITIentAtion of 'rime and Mateprials supporting the c�hartge. 9 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement: Revisad 01.28.21 (vlO) (9 -,f— ir comer County Adn�nlstrahve Services Uslon Memorandum Email: (Cynth;a.McCanna@colliercountyfl.gov) Telephone: (239-252-8992) ADD5NDUM#1 / Date: 8/26/2021 From: Cynthia McCanna, Procurement Strategist To: Interested Parties Subject: Addendum #1 21-7918 Trail Boulevard Water Main Improvements, Phases 2 & 3 This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. Addition 1: 21-7918 - Exhibit K - Colfier County Right -of -Way Permit Addition 2: 21-7918 - Exhibit K - FDOT Utility Permit and Plans Please acknowledge receipt of this Addendum and include with your bid. (Sien a t u re) 1Wo), e� - Andrew SiLawork, LLC (Name of Firm) 0911412011 Date If you require additional Information, please post a question on Bid$ync; on-line or contact rne using the above contact Informatiuri. App�_Indlx F-Tamplate - Adderiduirl-ruv 10-18-18 (9 coffler coulity AdWnis�ative Sef)Aces Division prockifemeni SeNces Ditte: AUpust 27, 2021 Email: Cyiithi�i,N[cCaiiiia@colliercOL�lltyfl,gDV Teiephone: 239.252.8992 AVOE NDUM # 2 V From " Cynthia Mccanna, procumment Strategisl To: Interested Bidders Subject: Addeiidum #2 21-7918 Ti'all BOWevard Water Main lin prove mems, Phases 2 & 3 Tliis Addenddill has bmi iSSLIed for the followhig kems identifyingc1arifications. chango-s, difletions, and/or additions to flic scope (if work, solicitation documents and/or bid SCIIOLfle for the above refcmneed solicitation: A nrwr I f'% A L, The "Sisn-In Sheets" from 8/24/2021 Pre -Bid Meeting liave been uploaded to BidSync, If you require additional information please post e question on our Bid Syiie (wwm,,bidsXnc-com) bidding plafform under the so] icitation fbi, this project. Please Sign below and return a copy of this Addendum with your submittal for the above referenced solicitation, 0911412021 Date Andrew Sitesvork, LLC (NaInc of' -nz_ .S�6 �i�Coxn�ty Adminisimlive SeNces Dyision P(Opiremarit Services Email. Cyliriiia.tvIeCaiiiiaCci,)colliercotiiityn.gov Telephone: 239.252.8992 ADDENDUM # 3 Dnfe-. Seplember 1, 202 1 Fro1w CY11111hL MCCallila, ProOL11-CInC111 Stra[CgiSt To., Interested Bidders Subject: AddendL1111 U3 21-7918"ri-ail Boulevard Wnter Main iniprovemenits, Phases 2 &, 3 This AddendUrn has been issued For the rollowiny, iteins identifying clarifications, changm. deletions, and/or additions to 1he scope of work, solicitati011 CIOCL1111ews andiar bid WhedLlle For the above referenced solicitation-, Changes: 21-7918 - Addendum 3 - Revised Bid Schedule been uploaded to BidSync, Rostoration 14 Go lid w t, Fil h & install, Open ;Fpnrh 13eneral Restoration is 09Fa Roadway Restoration 16 Remove and ReplaO� DrivewaYs a. Sipal-C�, Asphalt (this lndudc�s I rock drivewFly) 1), 8i@Ra1(; b4e�-Rernave - iAtefseebon Concrete c. 14604DV4"atflo, F & 6r+defg;o"Or4&Ab-eF brick Pavers 17 Aerneve and Replace $]dewailc a, Fiber Optic C 6AeO yOFE, Relee, Splice Tray Concrole Sidewalk Abandon & kernov,� EKIsting Water Main ,i. 4bi-fl-Qptiv Connee�tlep I lardw 12ateh Panel Held TeFFminaked ExIsting 6" AC Water Ma'In Puil & Splic-e geo, F&I, 18 X M GOVeF 94P Oisting 6" PVC Water Main C. P-MR& pkegemj&1,174�-ekkxr-� ExIstIng 6" Cast Iron Water Main 19 Abandon & GrOUt FOSting Water Main a. PA1,O.'AF&eFVl99?, 1�94, WFIEIPFE�GWRGI, M@ter 1244��HtraEtGP FXiSthlg 8" PVC WI-1tOr Maill b. Eleetfie fix1sting 3" Cist Iron Water Maill c. Existing 6" AC Water Main d. ExistIng 6" PVC Witer Main e. j Weak; 1 Se ice own; Existina 6" Cast Iron Water Main If you require additional informalion please post a qtiestion on our Bid Sync LwAA.bjdsyn_�_x(�m) b1ciding platform under the solicitation ror this pro ' ject. Please sign below and return a copy of this Addendum with your SUbmittal. for the above referenced solicitEk MI-1 A nd rew I I I Ancircw Skework, LILC (Name of Firm) 09/102021 Date 0 I FORM I - 1311) RESPONSE FORM I BOMM OF COUN,ry COMMISSIONERS COLLIER COUNTY, FIA)RIDA Trnil Boulevard Water rybdin Improvements Phases 2 & 3 RI 1) NO. 21-7918 I'till Name of Bidder—AodrewSilmork. LIX Main Business Address 2511 Palm A%v PlaccaMisliwss FortMyers.F1.33916 Telephone No. 239-226-16.06 Pax No. 239-726-1665 CUC1224064 Stateof Florida Certifleate of Authority Dockirrient NUrnbcr 1,160911002695 Fedei'alTa%,fdantificiLti<)nNtimbei, 2()-3291871 DUNS # 052740710 CCRH 7871154 Cage Code 611113 TO; 80,kRD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter callod the Owner) The, Undersigned, as Bidder declares that tile only person Or parties interested in this Bid as principals are those nanied hereln� that this Bid is submit(ed withOLIt C01illIj011 With any OthCr pDrson, firm ol, corporation,- that it haq carefully examined the location of the proposed Work, the proposed form urAgrecnicnt and all other Contract Documents and Bonds, and tile Contract Orawings and Specifications. Sidd4er proposes, and agrees if this Bid is accepted, Bidder will exectile the Agreement included in the Bidding Dounients, to provide all necessary machinery, tDDIS, apparalus and Other rnennS Of COFISM160111. ifiChidilIg Utility anif trawsporiallon serv�ces necessary tin do all tile Work, and furnish all the materials and equipmcm specified or rcfern-,d �o in (lie Cowract Documents in the manner iind time herein prescribed and according to the reqUirenients. of the Owner as IlleTein Set rol-th, funliSll the C0V11L'ueTor'.% Bonds and Insurance specified in flic Qcnvral Ccri(litions of [lie Contract, and to do all other things rcquired of the Conli-nator by the Contract D=Linents, and that it will take Pull payment the sums sel rorth in the rollowing Bid Schedvle� Unit prices sholl be provided in no inore than two decimal points, and in the case where furtlicr decinul points lire inadvertently provided, rounding to two decimal pointswill be conducted by Procurenient Services Division SUM Upon nutification that its Bid has been awarded, the Sticcessful Bidder Nvill execute the Agreernent fourn varlied to the Bidding Documents within teri. ([G) calendard4ys and deliver the SUrely Bond Or Bonds and 11151,11rfl= Certifictites as MqUired by the Contract Documents. The bid security altached is to become the property ortlic Owiler in the event the Agreement, lnuirance Certificates and Bonds are 110t eXULlied and delivered tu Owner ivithiii the time above set fol-t1l, os liquidated dariliagei, for the May and additianal expense to the Owner, it being recognized that, sinco th-ne is of the essence, owner will suffer fillancial loss if the Successful Bidder fails to eKeciite And deliver to Owrli�r the required Agreement, hisw-nnre Certificates Find BoTids within the required tinle period. in 111C CVCnt 01'91,1ch rhilul-L, the toul aniotivit of'Okyner's dernngeR, will be diffictilt, if no( impossible, to defiLlitely ascortain and qUantiry. It is hereby agreed that it jS apprOpri;kW and fair that Ownet receive liqUidated dainnges from flic SuccesSful Bidder in the event it fails to execuLe and deliver the Agreement. Instirance Cerlifit:fttrs, and Bonds as required hereunder. The Con4ruction Solicitation Doc rev 02-21-20 0 Sucet5sful Biddet, hereby c,,pre5q�y Ivaives. and relinquishes filly righl whicil it IIIRY have to sq�elk to ellaraclerize lilt above amed liqUidALvd darnages as a penalty, %Yllicli the Implics agcce represerils a Fair And reasallable estimateof Oww's actual (Inmages im the tim-e Ol'bidding if the Sumsstlil Biddcr rails tO OWCOU and deliYer Ole Agreellmil, Imurance Cm-tiffems, and Bonds in a timely numner. Upall reccipt of [lie sigiwd and approved agreemom and PLIFCIIJISt� Or&r, thc undersigned propliscs to commence work cc OpV d U111 5 ,it I I ie site within Ove (5) ca I end a r days From thu C0111111MICCITIent d8tC StlPILI-illed ill the %%TiElell NOti t MC CS ilie Pro ' lect Majiagew, iii writing, subsequently wilives the Contractor Dfa modirted (laler) comm eiiceme! Ill dale� Tile Undel-Signed furilier agrees to substantially complete all work covered by this Bid within two hundred sevesity (270) oonsecutive calendar days, computed by excluding tile commencement date and inciuciing tile last day orstici, period, and to be fully complctcd to the point ofrinal act�eptance by Ole O%vflcj- within thirty (30) consecutive Calendar days aller Stibstantial Completion, compulQd by excillding cornmencenicni dnte mid including lhc last (Iny of itich period. Ar,ceptarice and acknowledged by an Authorize Agent Ralph C. Andrc%% I I J N12,4 e , A'VAA�b-feAr— Title; III-Ciiduill Date.. Sgplim1wr 14.202J Construction Soficitalion Doc rev 02-21-20 rORIVI 2 - CONTRACTOR'S i<r,,V. PERSONNE LASSIONIPI)TOTHL PROJECT Trall Boulevard Wii(er NNIn Improvements Phases 2 & 3 Bid No. 21-7918 UUM O"ResulliesAlluelled" Personnel Cmegor Construction Superintcndent *'['BD* Project Manager *THD* Coasfraction Solicifation Doc rev 02-21-20 (9 Brian Paul Brandfass 437 NW 101 Terr, Cape Coral, FL 33993 (239) B26-3884 brian@andrewsitework,co 1) riaob4s nook@ hotm ail. cc m General Manager wilh over 20 yoars of experience in generaJ n7arwgument, projoct managemont, projoct 9.0maling, inspection and testing, construction, maintenanco and supervision o0nulti-inillior)-dollar inunicipal pi-ojects. Ambitious to app�y my knovvJadge in the undergi-ound and sitework construction ffold And anforco strict safety guidolinos to saCCRSSffilly MaflagG a PCISH011 with yoor oiganizolion. PROFESSIONAL EXPERIENCE ANDREW SITEWORK LLC, FORT MYERS, F General Manager, October 2009 — Present 0 Oversee daily activities and coordinate projects with genera� and site superintendents. 4 Performed a variety of managerial duties involved in prime contracts between the company and the municipality including, execution ofcontracts, creating and executing subcontracts & purchase orders, condLICting negotiations or buyouts, overseeing project management staff and estimators, reviewing bids and change orders, invoicing, budgeting and cost tracking of $10 million+ in municipal projects annually, including residential neighborhood infrastructure rehabilitations, installation of new potable, reclaimed, & reuse water, force mains, gravity and low pressure sewer, storm drains, plant reliabs, Lift Stations, and general site improvements, Strictly adhere to the company's safety rules, regulations, and procedures, thereby ensuring the safety of my coworkers. Schedule and assist In qUarterly safety meetings - Responsible, strong corTirnunication, organization, and record keeping skills. Attention to detail, Always willing to tackle any task and help ot�ers to Improve their skills as well. TITAN GOLF SERVICES, INC Surveying Technician / Forman, September 2007 — September 2009 6 Operated Top -Con GPS Survey equipment and instruments along with CAD files and blue print plans to provide layout of both new construction and renovations of existing golf Course* and ball fields throughout the state of riorida. & Operated both tight and �eavy equipment riecessary to excavate, grade, and shape ball fields and golf Courses and site work construction. 9 Accurately read and interpreted print, maps. sketches, Survey Instrumentations, as-bUIll Drawings, CPM Schedules, charts and graphs provided by Owner, Engineers, and Developers, 6 Track daily pf0dUCtiOnS for billings and schedule planning ALLIED ENGINEERING & TESTING, INC, Geotechnical Exploration Technician and Inspector, February 2002 — August 2005 9 Provided inspection services including Pile Driving rnonAoring, Sheet Pile Placement Monitoring, Structural Steel Plarement and installation inspections, Water Turbidity daily monitoring, to contractors in the Collier, Lee, Charlotte, Sarasota, Desoto, and Glades County areas. # Worked Directly with and an projects managed by both FEMA and the Army Corp of Engineers conducting inspection services in the development of temporary housing facilities In both the City of Arcadia, and City of Indian Town Okeechobee FL. These were twenty-four-hOff operations requiring strenuous hours and Impeccable tracking of test and lab results, 13tiall P lif:111LIJILSs 431 NW 141h Ter Cap Cord. 14, 33993 (239) 826-199-1 briiiiih,istiookplioini-.ii�.com OCINO EDUCATION Estero High School Gradtlatq, Estero FL. Diploma, Received May 2005. ADDIIJONAL SKILLS & CERTIFICATIONS, Ability to track productions and manage budgets. Outstanding organization skills. DEP, Stormwater Management Inspector Qualification, No. 27909 FDOT Advanced Maintenance of Traffic Course Certificate Holder, "No. 22281, Troxier Radiation Safety Training Certified (Expired) NCI, National Concrete InSliftlte Certification Training. HDPE Pipe FLIS1011 Certification "ISCO Industries" Confined Space Entry Training Certification. Excavation Safety Training Certification. Lee Memorial Health Systems (AHA) First Aid Training Certification Holder. US EPA IVIVAC Refrigerant Recovery and Recycling Training, Card No, MVAC C391484 Ed Chlopfer School of Rea� Estate Residential inspection Certification. Briiin P Brand Foss 437 NW I 41h Tcr Calic Coral, Fl. 33993 1219) 326-3884 brinlib,knunW911alm a i I &A" 0 Chad M. Baker 4584 Winkler Ave. Apt #306 Fort Myers, FL 33916 (239)462-3i8l) Chad@andrewsitework,corn Construction worker with 6+ yeors of experience in the construction, maintenance, repair of malti-million- dollar municipal projects. Possess a COL license and an OSHA Corlification. PROFESSIONAL EXPERIENCE ANDREW SITEWORK, LLC, FORT MYERS, FL Project Estimator/ Project Manager, February 2016 — Present 0 Identify, evaluate and implement new ideas to increase organizational effIclencles and cost savings, 0 Supervise day-to-day work activitles by delegating authority, assigning and prioritizing activities and monitoring operating standards. Monitor performance improvements of the contract, Conduct bid review meetings with the Project Manager to finalize bid, markup, and strategies. Responsible for RFQ'S from receipt, through pricIng and review to final submittal. ANDREW SITEWORK, LLC, FORT MYERS, FL Equipment operator / foreman. December 2014— January 2016 0 Manage and make decisions related to the performance of work, scheduling, delivery, quality control ard employee staffing levels, 6 Manage the work to ensure that It is completed in compl�ance with and conforms to the approved contract documents. ResponsVe for scheduling, quality of work and daily reporting of progress, Manage field staff, actively work in the field, and operate specialized installation equipment for execution of construction projects, Operate a variety of equipment and trucks for the purpose cf street and utility repair projects. EDUCATION Cypress Lake High School, Fort Myers, FL Diploma, May 2011 ADDITIONAL SKILLS & CERTIFICATIONS Experience providing detailed budgetary estimates ranging from 325K to $5M on a wide varlely of construction projects. CDL Class A License HDPE Fusing Certified OSHA Excavation Certification 45H Wiiikkr Aw Apt 306. Foil Mym. FL 331)16 (239)AQ-3194 diaQan4imnysiuwo&M111 0 Cheryl Robinson 12601 Panasoffkee Drive North Fort Myers. FL 33903 (239) 851-7473 Ckr5479@hotmall,com Performance driven construction ptoject manager wtfh 5+ years of experience successfully overseeing all phases of multi -million dollar underground utility projects. ExperAse In civil site and infrastructure construction, primarily working with municipal and government contracts. Proven results of early completion, under -budget, hIgh-quality projects. Licensed Underground Utilities and Excavation Contractor, State of Florida Cetflfled Women's Business EoterprisolDisadvantaged Business Enterprise. PROFESSIONAL EXPERIENCE ANDREW SITEWORK, LLC, FORT MYERS, FL Project Manager. March 2014 — 1?7esent 9 Proficiently managed all aspects of underground utility construction projects including budgeting, financial forecasting, scheduling, specification compliance, facilitating ond tracking Requests for Information, change orders, and purchase orders. Projects managed ranged insize up to $5.3 Million. 0 Effectual knowledge and experience with construction legal matter's Including contracts, subcontracts, rederal labor standards, certified payroll, Davis -Bacon, and EECC compliance. a Resourceful in negotiating with Owners, angineerS, subcontractors, and suppliers. Proactive at identifying and resolving problems on projects before they became major issun. BISTRO 41, FORT MYERS, FIL Manager, February 2010 — March 2014 Drove consistent year over year revenue increases In a fine dining restaurant. Supervised daily financial operations, sales, cost control, labor, Inventory management, and budgeting, Responsible for supervision and development of 50+ employees, Reduced controllable liquor, wine and beer losses to within 1,0% of ideal cost (24%) vs- 28% (November 2011) and 32% (November 2010), Lowered labor cost as a percentage of sales to 11- 13% from an average of 17V9 by eliminating unnecessary labor costs and increasing workforce efficiency, Improved employee work ethic, productivity, and reduced staff turnover by initiating systems for accountability and by Implementing effective training programs. EDUCATION Florida Gulf Coast University Master of Business Administration, Finance, April 2006 Florida Atlantic University Bachelor of Arts in Business Administration, Finance, December 2001 ADDITIONAL SK)LLS & CERTIFICATIONS Licensed Florida Underground Utility and Excavation Contractor Certified Florida Stormwater. Erosion, and Sedimentation Control Inspector Advanced FDOT Maintenance of Traff Ic Certification State of Florida Certified Women's Business Enterprise/ Disadvantaged Business Enterprise 100,0 Denny Lyn Dutton 30488 Holly Rd, Punta Gorda Fl. (239)494-0002 Danny@androwsitework.com Construction worker with 20+ yese.7 of experience in the construction field suporvised large capital projects. Aspiring to apply my deep knowledge of construction management techniques, and safety guidelines to sticcessfully serve as an assistant general superintendent on your team. Possess a 30 Hr, OSHA Certification lAdvancad MOT Cartification / QC manager Asphalt level One and two / CPR Certification / PROFESSIONAL EXPERIENCE ANDREW SITEWORK INC. Superintendent, September 2017 — Present • Performed a variety of construction duties from job supervision of large multi-millIon dollar projects to smaller project that include underground utilities. roadway construction, and concrete • Strictly adhere to the company, OSHA, and municipal safoty rules to ensure a safe work environment for my workers and the traveling public • Submit all proper paperwork to bill jobs In a timely manner, Review timesheets and daily foreman's paperwork to ensure proper pay and information supplied by Foreman is correct. • Assist off Ice review bids before they get submitted BONN115SS INC General SuperInler dent, September 2007 — 2016 a Performed a variety of construction duries involved in the maintenance of $2 milllion+ municipal projects, including residential roads, highways, and private charter schools 9 Strictly adhere to the company's safety rules. regulations, and procedures, thereby ensuring the safety of my coworkers, 0 Submit all jobsite and timesheet records on time and fully complainant with company standards. EDUCATION CHARLOTTE HIGH SCHOOL Graduated in 1993 ADDITIONAL SKILLS & CERTIFICATIONS Ability to operate a variety of heavy equipment: loader, track hoe. motor grader, dozer, box blade, self -load pan, skid steer, etc. QC. Manager Certification Asphalt Level One And Level Two, 0sha Certification, CPR Certification, MOT Advance Certification 0 Conversant In Spanish 3(M88 Elul ly It il, llwltii Coahl. N. 33992 (23q) 49440112 0 I PORM 3 - NIATE RIAL MANUFAC-m RERS THIS FO RNI MUST BE COM PLETE D OR BID SIIA LL B E DEEMED NON-RESPONSIV C All Bidders shall mil'irm by signature that they wdl provicic Ille IIMLACturors and materials outlined in (hi.� Bid specificadons, including compliance with Florida StRIMU 255.20 to proyide ItIlliber, timber and other rorest produm lwoclucod and InaiMfi-WILired in the Stnte orFlorida as long as tile Price, fitness and quaffly m-e equifl. Exceptions (whcri equals are acceptable) may be requested by completing the Material Mnnufacturer Exception Usl below. It'all exception For a manu fact Ury r andlor maluritil is proposed and listed below and is nol approved by Engineer/Project Nimiager, Bidder shall Furnish the ill 01C SPCCification. Acceptanee of this farm dDcs not conitilute accepmjic�e of inaterial proposed Dn this list, Complete atid �ign seciloll A OR B. Scuflun A (Accciptan" of all 111MIliffiCtures and materials in Bid speriflcalian�) On behalf of my firm, I confirm lhot we will use all mantifiwitirers and materials as specificlilly Outlined in 1he Bid specifications, compny, Andr;,wSllv-%yjk,l.LC Moe; 0911,112021 t' � ion B (Exception requested Lo Bid specifications manuracturers ancl materin1s) EXCEPTION MAYURIAL. 5. Hem imscrt additional pages Company: Dift Comiructiori Soficilatioi) Doc rev 02-21-20 0 FORM 4 - 1,181'OF MAJOR, SIJRcai�T�,icrom THIS LISTMUST BE COMPLE111) Olt 1111) MAY HE I)EENIE.1) NON -RESPONSIVE The, midusigni:d states that the rolloNvirig is a list of [Iii: proposed subcontractors ror di� innjor categories outlfiik�d ill Ille rC(lUi1'CJl1Qfl1.9 Or tile Bid SPCCi r1CR1i01l5. The undersigoed ack-nowledges its reslimisibility lor ctistiring Ihat (lie Subcontractors for the major catugorie-.� listed heruk art! "quolilied" (as dermod in Ordinance 2017-08 and Stxtiorl 15 of Insiructiolks to Bidders) And Illect all legal requirements Applicable to and necessitated by the Cmitrad Documents, including. but aw limitcd to proper licenseq. Certifications, m0stradouls And illSUrguice coverup. The Owner rescrves tht� right to disqualify any Didder Nyllo iLlCludus non-compliani or rioii.qualifiu,6 Subcontractors ii) its bid offer, Furlher, the Owner may direu the Succusful. Bidder to removelreii lace any �ubcantraator, tit no akitional cost to Owner. wilich is found to be non -compliant wMI this requircnicnt ellher barbre or atler the issuarice of [lie Award of Conlract by Owncr, (Attuch additional sheem as necdod), Further, tile undersigiied acknowledges; mid ag,rces that promptty Oler the Award of Contract, and ill Rccordance with tile requirements of lbe Comrac( DoCLIMCIIIS, tllC SUccessful Bidder sholl identify all Subcontractors it iiiiends to use oil the Pro ' ivet. ThC Undersigned ftirther agrecs thatall Subcontraciors %ubseclutint[y identirk!d for any portion of work on this ProJect must be qUalirlCd AS 1101CCI -60M IMajor Clitegory of Work SLlbQQl1IMC(0r;md Address I . Electrival NIA 2. i'vlechanictll. WA 3� PlUnibing NIA 4. Site Work 5. Paving 6. Identify other Nu bcont rectors that reproselit 1110(e thall 10% of price 01. that afrm tile critical pEith of tile soliedule NIA C01110411y: ��ndnny Ralph C. Andre%%, M IWIV 6" lAacc�XW_ Constructiciii Solicitation Doc rev 02-21-20 0 FORNI 5 - STAITMENT OFEXPERIENCE ()v Bi mum Thc Bidder is recit.iired to state below what work of similar magnitude comploted within ffic last five (5) years iS 0 jUdge of its expericnce, skill and bLIShICSS standing and of its ability to conduct the work as completely and as rapidly as required under the terms. of the Agmement, I. 10 Mile Canat 24" Fo= Main -City- of Farl Myo i's (project 11-ame) (PI-0.1ect Owner) 2. 3. Fmt Nlyers. VL 2200 Second 51reet, Ful klycri, FI, 33901 (project location) (Owner's address) 11,000 LFM'24" FM A (1) 30" Directiomit Drill Robbie 110 wel I PTJVCt MonaBar (prcjec(description) (Ommr's coffl= porSuil) (title) ----ZQ.16-1017 $ 1.220.000.0 239-841-5000 rubl)k. 0WLdl(4,WqgII.0DIII (project startkompletion dates) (controct VRILIe) (phone) (enlaij) IWSD - Water Main Replacentent lmmokaILL Water& Smer [Y.91rict (project nerne) (pi-ojeeL MYner) Immokulm PI, 34142 1020 Nition Rgod, I in ingkoke. EL �4142 (PlAect location) (Owner's address) 50,00OLFor.-I'l-12" yrq�r Mqi�n 4y qatg_Cut I I-IL)q Gary Forrame Engine r (pr)jert description) (Owner's contact person) (title) 2011-2018 (project start/comp[ecion dates) (contract va4m) 0110110) (ernall) DcWlradi) Reim Transmission ivinin Florida Grovernmunial Util ity Aulharity ( FGUA) (project Imme) (project owner) Capc Cord / N oh Fort ?vl),crq 9841 Bernwood Pl. Drive,5 rl, 33966 (project location) (Owner's Wdrm) 6.000 LF of 12-20" PVC b ()pvII cktt- (%obo i.,r of'[IDD (project descripcioll) (Owner's contnet person) (title) -, ZQI 0-2019 2,319,113,00 2-19-334-0046 (projeeLslaj't/collipletiori�ates) (contract value) (phone) (enlail) Construction Solicitation Doc rev 02-21-20 9 L FORM 5- STATEIVIE NTOR EXPERIENCE OF III DDER i 4. 1. 6. ('npd Coml UndeNromw rire iineg romi (Project narim) (Pro,imi ownel.) Cape Cml. Ft. (prqjt!Ct location) 15,000 LI`or4-.I2" WM01' 11111ill b3' UPL41 CUL inswIt. (project description) 2021 $ Z962,424.00 (project Complotion dale) (contract val Lie) 130 box 150027 Cape Cor J-1 3L9 L5. (Uwji(,.r's address) len'Pearsun Ulility Director (ownul"s contact Person) (title) 239-574-0729 (Phorie) (�nlail) IvIc0rugor 131A Reconsl"Lletiol) & _gk.A Fort Hyarl LFDOT (project name) (project owiler) Fort F1, 2601) DR NILK MUM Suild 101, Pofi kl�vs� 1-1, (project location) (ONVIler's fld&e�s) (2) miles rundmy builklij% LlfjLv��. k- RosiorW10ii Robbie Pom,11 Projul Manager (project description) (owner's Contact persoll) (title) ZU19 --- -' — $.-ijnumoo (prujert complWilon 6te) (contract V411.1e) 239441-5000 (Pholle) (email) J'ffR9jEICVRA Ulllit� 1111 proven mlti Churlullo Counly BOCC (Project ligniol (pivjmt myner) Pon Churlatic. 121, 18500 MUrilock Cirdg. Port Chtirlotte 12 L (project location) Avrier's addruss) 3.000 I-FJOrnyhy, 3500 LF ol`74" Hvl 4,000[.Fq(3�V r�iir.iiq,(2)20"IIDDtintiLri-i)o,rit(i. Arudiet Marldium P tyl (project description) (Owner's contut person) W110) AQ 17 . S--Llw.=p (projoct cmriipledan dale) (contract value) Company: And Signatffe.� L11C 8.11-743-1377 (Phone) Ralpi :.AndrewIll h Mile: 09114?2021 Cuostruction Soliclistion Dov mv 02-21-20 (9� I MIUM 6 - TIZE NCH SAFETY ACT Bidder ackiiowledges that incloded in the various items or the bid and in the Total Bid Price are costs Ibr complying with the FIOL'ida Tranch. Safety Act (90-,96, Laws ol'Florida) e-rfective October 1, 1990.Thc Biddar further identirte5 [lie cost to be summarized below Trench Sarety Units or Unii Unit Extended C2ji Men8ure Measure (Qualitity) CQJS (De.gription I (LF,SY) Sim PIC S lope ShCeLi1I9.& Shurinw, 3. 4. 3.780 - 1 5 �() TOTAL $ S 11.340�00 Fa�lure to complete the above may result in the Bid being declared non -responsive. Company: SigUILIF0 Constniction Soficitatiao Doc mv 02-21-20 S 3.7RO.00 Date: ___Dq�jALZq,2L_ G i P ORM 7 - 1311) BOND I KNOW A11 M EN BY T1 IESE PHMN'I'S, Tilat %ve Andrew Site Work, LLC TWEFI-068-s u a il: y - I ri.c' u. ra - I . 1 . ce -- (hereill After called the Principal) and "'--qq1PPAfly (herein uilled the Surety), a corporntiori oliarlered and rXisting till CIO I -the Iaws of I lie State of Now HampItliLeivith its priii6 pa I arrices lit the city of_. Bostonj MA e or Florida and authorized to do business in tl e . ri�i— are hold niul firmly bound unto the C0lUQr-Q.Q,'jaty-BQvq.qf (11creinkillercalled thoOkyner), In the'rull midjust stlin of EiMe PQL0rVU Ir dollars ($- good ovd! lawful money of _LAM [lit U n i led Stat" o r A ri i orl ca. to he p;i id Li poll demn n d of th e Owne r. to w I i i ch py m en I we I I a n d I ru ly to be made, 111 e Ill'incilill Find tile Surety bind thumscIves, their heirs. and executors. administrators. and assigns, jointly and si-,veodly and firmly by thest, prescnits. Whcreas, Ilic 11rincipill is abOUt to SUbmit. or lias submitted to ilie Owner. a Uid for furnishing all labor, mate'dals, �mjtjipmenl and incideawk nucessory lo rurnish. himill, and I'Lilly Complete itle Work Oil (lie Projcct known m Bld No. 21-7918 '1'rail BOUILvard Water Maill I 111proveril onts P1111sos 7 & 3. NOW. TFJE..RGF0Rr. ir dic Owner shall accept the Rid flf'the PRINCIPAL, ond lhe PRINCIPAL. sliall effler into tile rquircd Agi-mment Mth the Owlier 1111d withirl 1011 day� altor 11W tittle Oia %V6111.0a Notice orAward hi accordance with ilia lornig of.such Bid, and give smuh bond or holids ill all 01110o"I of 100% tlic (()lal Ctintrtict AL1101,1111 as specified ill the L)CIC11111C1104 Nvitil goodmid Stitll-Vont skively fior ffie raitliftil perl'ormanceni'llic Aguevniont antl lol' 1110 prol'11131 p�,131111UL Of labor, maievials and svpplics flumished in die prosecutioji llwreof or, in (lie evenl ofthe failure orthe PRINCIPAL to mer kii:o,�uvli Agi-twnitMl; atlo give soch boild �w bonds, and deliverto Owner Itic requircd cerfificates of insomilco, il'ilic PRINCIPAL shall pay to the OBLIGEE Ilic lixed stim of$1119 "O'cl"Amouni S1qj0te4I tibove fl� liqUidawd domages, and not a3 it penalty, as providod in 1he Bidding DOULIJIMIN, UMI this ob iji'm �shall be null and V01d. t�jllQl1Vj,0,%1 tO J-011)1lin it] f'UII 1111VC �Llld IN 'ru'rimoNly 'niercor. itie Primillal alld SUIT'lly have cauged IIlC!SQ PrVMMIS 10 IX (ILIty signed and sealed this 14th Llay of 20 21 - BY Andrew SaQzrL—LLC Principal The Ohio Casualtv Insurance Conim Brett Rosenhatis. Attorn ay-J n -Fact & Florida Licensed Agent Coontersigned Appointud Producing Ak�UIL 1`01-, The Chio Casualty Insurance Company (Seal.) Surely (Scal) 0 Liberty Mutual, 10. � — SURETY Thlo Power of Attomay4nilts tho pots of those named heroin, and they hove no authority to bind the Company except In the manner and to the extent horo;o stated. Liberty Mutual Insurance Company The Ohlo Casualty Insurance Company West American Insurance Corn pany POWER OF ATTORNEY Caftificale No� 82008211-9134021) KNOWN ALL PERSONS BY THESE PRCSENTS: That The Oliko Casualty lasLrance Company is a carporallon duly orgentred Undor 14o Jaws of the State of Now Hampshim, that Liberty Mutual lristrOACe Company Is a corporaWn duly orgflNzod undor Ilia laws of Ili a Slate ol Massuouselt�, and West Amwican Insurance Company Is a corporation duly organizEld under the laws of the State of Indlena (hereln collectively called Ih a 'Compunlee), pursoarit to and by authority herairl set loirth, doss hereby name, con�lltule andappoinl, D� A. nqljs� Breit Rosenhatis all of the city of . __.Delro� Beach . slalool 171. ouch inotirldually If there he more than one nomad. Its tnue and lawful pll�nney4n-fact to rrahs, excuolo, 501 40iiowledge and deliver, larandonils behall'as surelyandos Its admild load. onyandall undeftalkings, bonds, racognl2anicea andallhor surety &ipallcnii, In pursuance of illusB prtsarlIs and shall be as binding upon lh@ Companies as if they ilave been duly 5ignod by the president and allested by the secretary of the ComFaqles In ihdr own proper persons. IN WITNESS WHEREOF, this Pmar of Altornay has been subzUd by an aill1torized oillicer of official of this Companies and the corporalo �eals of the Companies Pave been afted thereto Ibis I si day of April 1 2019 . Liberty mutual In8ur4nce company %Nsfuj N�l IN40 INSU The Ohlo Casually Insurance Company itpo P West American Insurance Company 19 2 1919 t U MA L�' By, bavid M. Carey, Assistant Saorotory State of PENNSYLVANIA County of MONTGOVIRRY Q_)'� On this lit day 0 Aeril . 2019 before ire pamonallyappeaTed Uaidd R Corey, Who aCknowledged h1m3elfto be the AssislarilSecreLaryof Liberty Mutual I Compan_y_,Th_97hi;; Cam-1-allyy Cornipaity, ainMe_s I AnnerIcan Insuranco Company and �hai lie, oa aucli, being aulhori�ed so to do, execute Ilia foregoinD itistiumeril. for the Iherein coniaicied byBigning on bobfllfof tiia w(poratials by hlinselfasa duly auliliolzed officef. IN WITNESS WHEREOF, I have titimurile subscribed my name and allixed my notarial seal at King of Prussia. Poln5ylvarila. an the day and year firalabove written. PA&�, ommaNwEALTH OF PINNGMAN', e R i0iial sold "__1 OF TOMAH I'dii1ollp. Ntaflry Pulifie Uppw WrionTwp, MonlUcnwryCountip Ely, ella. Notary ptlbli� 14 This Power of Attorney is made and executed pursuant to und by aulhofJ4 of Ilia following By-laws and Aulhorizalions of The Ohio Casually Insurance Company. Liberty MirluAl Insurance Company, and West American Insurance Company which rosoluillouS one now in full force arid effect reading as follows: ARTICLE IV - OFFICERS! Section 11 2� Power of AlWraq. Any offiwr Of 0�r 0111clal of the corporation authorized for [hot purpose In w1irig by the Ciialiman or the Prezirlool, and 8object to such Ilmllotlon as the Chairman or the President may presvlba, shall appoint such atilofneys-hi-fact, as may be necessary to Pot �o -behalf of the Corporation to inake, execute, seal. ocknovirlodigia and deliver as surely any and oil undertakings, bonds, recoUnizences and othot surely obligations. Such atiomays-in-fact, subject to the imitallons set forth In their respectivispowets of allomey� 001 have full power to bind the Carpornlion by their signature and oxec0pa of any such instruments and (a atlach Ilierelo the seal of t.110 Corpotalion. When so executed, such InsIrunriant5 shall be as Wildrig as 11 Signed by (lie ProsIderl. and alliusled to by the Secrotiwy. Any power or outh0ty granted to arty (opfosentaflve or allorroy-13-fact under the provisions of this article may be revoked at any lime by Me Board, The Chalrman, he President or by the offionr or officers granting such power of authority, ARTICLE X111 - EXecullon of Contractc Section 6. Surely Bonds and Underlakiogii. Any officer of the Company authorized for that purpose jo writing by the chairman or the prosident, end subjecl to Such llm]WUon3 as the chelfrinan or the pre$14611t rn8y proscribe, shall appotnt such altorneya�ln-fact, as may be necessary to aa In balialf of the Company to make, execLte, seal, cGlinowledgu and dellver as surety arly and all undarlskirigs, bonds, focWnizoliceii end other surely abligatforls. Sucil rittomeys-in-facl subject to the limilations set forth �r plair relipectivo powers of altomey� shall hays full power to b1nd [he Company by thoIr 51grialuto end execution of any such Ins1ruments and to altach thereto the goal of the Conripnay. Wiien so executed Soth Instruments shall be as bindino as If $Ignod by the pres[dant and otlested by the secretary, Certificale of Designation - The President of the Cornpany, acting pursuant to the 8y�aws or the Company. aullicrizes David M. Carey, Assistant Secretary to appoint such allomays-In- Fact as may be necessary to act on behalf of Ilia Compsoy to make, execute, seal, acknowledoe and deliver as isuroly any and all untlailitikings, bonds, and other surety obligations. Authorlzat[on - By unanimous consent of the Company's 8owd at Directors, ffie Wnpany coossrits Ihal lacsinille of mechanically reproduced signature of any us5isteril. secretary of the Company, wherever appearing upon a certified copy of mny povv4�r of attorney Issued by Ilia Company In onneellon willi surely bonds. shall be valid and bmdinq upon the Company with the some force and affect us though rverivilly affixed. 1, Range C. i-lowellyn, Ilia undoisigned. Assistant Secretary. The Ohio Casualty Insurance Company, Literty Mutual lotiuronDa. Company. and WestAmefican insurance Company do hereby ceirlily that [he ar�linml power of attorney of which lhe foregoing is a full, Injo pod Correct copy of lho Power of Attorney executed by said ComPariles, Is In full force and Qua J1191 Iias inoll been revoked. IN TESTIMONY WHEREOF, I have hereunto set my ftond and oflIxed the goals of said Companies this I-Iih day of Sapicilibu _, 202 1 , UNS(I 1� INS& 114so 0 By, Renee C. Llowallyn. Ass[stom Sec(oluily &17 a 0 t; Lu N-1 M E M CM cc 19 FORM H - INSURANCE AND BONDING REQUIREMFNTS Tile Vendor shall at its own expense, carry and maintain insurance coverage ftom responsible companies dilly atilhorized to do buginess in the Stato ofFlorldri as set rorth in FORM 8 of this solicitakiciii. The Vendor sholl procure and maintain property inS111-011CC upon file entire project, if required, to the rull insikirable value of the scope of work. The Counly and the Vendor waive RgiLinst each other and the Coumy*s separate Vendors, Contractorq, Design Consoltant, SLlbC011tMCtOFS, ilgC1115 and ernployees ofeadi and all of them, till dilmages covered by property in5uranca providcd herein, except such rights as they may have to the proceeds of skich h151,11111CO. ThD Vendor and Couilly sliall, where appropriale, require sinidar waivers of subrogation rrorn the Cotinty's sepnrate Vendors, Design ConsultaiI15 and Subcontractors and shal I require each or theiin to include siniflar wRivers in lbeir conirticts. Collier County shall be responsible for purchasing and maintaining its own liability insurance, CelliflCAIIVS iSSUed ns a result of the nward orthis solleitation must ident[lly "For any and all work pci-forined oil behalf of 12011itl' COLUlty", or, [lie sptci rN solicitation number and title. The Ocneral Liability Policy provided by Vendor to meet the requirements or this SoliCiLaLioll shall namn Collier County. Florida, as gn additional inSLII'cd as to tile Operations of Vendor tinder this solicitation and shall con;aln a S4,W011blilty or hiteresu provisions. Tilt Certificate I [older shalt be named as Collier County Board or Countly Coniiuissioiie�-s, OR. Board of County Commissioners in Collier County, OR Collier County Governmeni, OR Collier County. The 0�rtirscates of InSiffance niust stale tile- Contract NUmber, or Project Number. or specific Project description, or LIOUSt reAd; For ally and all ivark performed on behalforCollier County. The alliounis and types orinsuralice coverage shall conforin to the mininwin requirenlenis set forth in FORM S with tile LISC OfillSurflIlCe Services Office fISO) forms and endorscnionts or their equivalents, If Vendor has any self - insured rCtCJ1t1QnS 01- EleductibICS LindCr any orilie below listed IllillifflUM rcqUired coverago-, Wndor unust iderifiry on the Certificate of Instivance the nature and RMOUllt Of Stick Selr- insured retentions or dedticiibles and provide satisfamry evidellceoffinalicial responsibility for suchobligatiofls, A It self- insured retentions or dedLICI ibiCS NY! 11 he VcndlGr's sole itsponsibility. coveragew Shall 6e maintained WithOU1 intert'LlptiOn firom tho date of cominencenient of the Work tintil tile date of compIction and acceptance of the scope of work by the Comity or as specified in this solicitation, whi0wvor is lungcr. The Vendor and/or its insurance carrier shall provide thirty (30) days written noticiz to the Courity Of Policy cancellution or non-reneWRI oil (lie parl of the insuriance can-ier or the Vendor, The Vendor shall also notiry the Counly, in alikemanner, wiihin twevity-rour(24) �iotirs after recelpt, orally notices orexpiration, cancellation, noti- reneNyal or material changv. in coveragr or limits received by Vendor froill its ilISLIMI' and nothing contained herein shot I relieve Vendor ofthis requireilleill to proyide notice, In the event of a reduction in the aggregate limil. of any policy to be provided by Vendur hemUvder. Vondor shall iminedintely take steps to have the Hggregote limit ri�lnstatcd to the; full extent pti,mitted under stich policy, Should at any time the Vendor not malwain tile instirance covet-agetJo required herein, tile County may twillillate the Agreement or at its sole discretion Nllflll be flU1110riZed to pUrChilSe SLICII coyeragebj and charge the Vendor for such coverageW purchased. If Vendor fails to rciniburie tile County fOl' SLICh Costs Within thilly (30) days Rrter dernand, tile coulity has the right to offset these costs fi-oiis ally aniotint due Vendor kinder thi� Agreement or tiny other a8reenient between the County and Vendor, The COLIMY Shall be Under 110 obligation to PLII-ChaSe SUCh insurance, nor shall it bu responsible for the coverage Us purchased or the insurance company or conipanius used. The decision or the C011fily 10 PUrchaie such insumnce coveragaW shall in no way be COLIstrued to be 2 %vaiver of any of its riglits under the Conirac( Documents. If the initial or any %ibscquently iSSLled Certificate of hisurancu expires prior to the completion of ilie scope of work, tile Vendor shall furnish to the Counly reriewal or replacammil Certiricato(s) of Instirance llot later than tell (10) calendar days llfter the expiration dato on the certificinte. Failure of dic Vendor to pruvidu the County with swch renewal certificatels) sliall be considered jILSfification ror tile County LD ternrlinkile ally Mid all COntracts, ®r—A Callier Comity Mulch himumince aml Bon(ling Requirenimits Insortince I Bond Type Requircd Limits 1, IZ Worker's C�mpensmion StaftltOry Limits ot' Florida Stahl(M Cllaplff 4110 alld Ull Federal Gowril in Vill Statutory Limits and Rccliiii,ements EvIdencooMurkers' Compenkilion coycrage ova Certificate of ExempHoll issued by the State of Florida is required. Entilic-s that IN fol-Illed as Sole Proprielorships sliall not be I-qu ' ired to provido a proof ol'exemption. Ali q)pfication for memptioll enn be obtained online at 2. Employer's Liability 3 1,000,000 singic I imit per occurrence 3. Commercial Gicncral Bodily 111ji.113'and Property D'MllR9C U abi I i ty MCC 11 I-1-t-lice Form) paitemed after the S1,000,000 single �imit Im, occurreue. S2,000.000 aggregate for Bodily Injury current ISO form Liability and Property Darnag�� Liability, This shall inclade Pi-cmises and Opermions; Indepen(lent Contructors� Products wid Compluted Operations and Contractual Liability, 4. 9 Indcrimilivalion To the maNknum extent pormitted by Iloridiii law. the Contraetor"Venclor shull defend, inclefflniry and hold harmleSS Colliel' COLInty, its orticers and employces front imy Tuid all liabilities. damages, lossus and costs. incituling. but not limited to, rensonablc morneys' fices and ImalegiJIS' ]"COS, to tile eXtClit C111.1sed bythe negligence. recklessness, Ur iflt0ltiCllially WL'Oligftil COnfILIct ()f the Contractor/ Vendor or anyone eiVloyed or utilimt by the Con tracto Ocri dor in the performence orthis Agrearlielit. 5. Automobile I lahility S1,000,000 E41CII OCCUIT011CCI Bodily In ' jory & Property Damage, 0wriod/Non-owned4lived; Automobile liluladud 6. 00wi, inwrance as Watercrall $ Per Occurrence 110ml: UnItcd States Longshoreman's and I larborworker's Act coverage shrill be III ai ntain cc[ where applicable to the completion of the work. $ Per Occurrence Maritime Coverage (Jones Act) shall bp, maintained Nvilci-C -applicable to 11w Completion of (fie NY06. S Per OCCUrrence Aircratl Liability coverage shall ba carried in ii,mits or not less ti,on sM00-00o cach occurrence irappiicable to the completion of dw Services Linder rhis Agreement, Pei- Occurrcrice D Pollution Per Occurrence 0 111-01,651011111 Liability S Per cloini & ill tile aggregate L] Prqjt�ct Prafe8sional Liability S Pei- Occurrence [] WLMble Papers Insurvinco Pu Occurrence L] Cyber Liability $ Per Occurreure E)Technology Errors & Omissions S Pu Occurrence 10 7. Bid bmid 51mil be submitted with proposal m9ponse in the form of cerlified fuids, cashiers' chcck or all irreyo;;able lotcr of urcclit, n cash bond posted wilk tho Counly Clerk, or proposril bond in a stim cqual to 5% of [lie cost proposal. All checks shall bl� madc payablc to the Collier Couilty Board of County Commissioners oil a bank or trum company locnWd in tile Slate off'loride and insurcd by dw Fedvra� Dqosit Insurmice Corporation. 8, Peribmiance and Vor projects in extess of $200,000.. bonds shull be SLIbillittCd With Ole tXeCUtud Pilymcm Bonds contract by Proposers receiving award. awl writlen rar 1000/a ol'the Con(raot award arnowit, the cost borne by the Proposer mceiving an award. The Perrormance and Paymem i3onds shall be underwritten by A 51.11-tty AUthorized to do boshiess ill 111C state or Florida and DtheRViSe aCCePllblC to Owner; provided, however, the surcty sliall bc rated ms "A-" or better its to gerierni policy holders rating oild Class V or higher rating as to rinkincial size calegoty and Ilie amomit 1-cquired 511all not cxceed 5% of the repocted policy holders* surplvs, all as reported iii the most Gurreml Besl Key Rating Guide, published by A,rvl, Best Cornpimy, [lic. of 75 F'iiltotl Street, New York, Mw York 10038. 9. Z Voldor sImll ell,51.11V thill 4111 SUbcon tractors comply with the mc lrlsurai= reci"iremenIS tll-,kt IIC is MqUired W incet. The srime Vendor sluill prOVitle COtinty �Vijlj Ce6jflCatej Of iFISLInince muling [lie required insurance provisions. I G. Z Collier counly Illust be liallmd as "ADDITIONAL INSURM)" 071 the Insurance Certificate for Commercial Geiieral Liablility where required. This instirunce sliall be primary and non -0011111 butory with respect to ally Other imurance maintained by, or available for the beiierm or, the Additional Insured and the Vendor's policy shall be endorsed accordingly. J L Z The Certificate Holder shall be mulled as Collier County Roard of Comity Commissiours, OR, Board of counly Commissioners ill Collim. CoUnty. OR Collicr County Government, OR Coillur County. The 0�i'tificlltei of Insurance muststate dic Contract Number,or PrkilectNurnim-, orspeciric Project description, or must mod: For Emy and all work puformed on bduilf of Collier County. J2. Z On all certiricates, the Certificate 110ldCl- 111LISt I-ClId: Collier County Board of Conwi�ssioriors. 3295 Tamimii Trail East, Nriples, rL,34 112 13, Z Thirty (30) Days Cancellation Notice required, �4. COMCV C01111ty Sll@ll IM)CLIFe and Maintain BiOders Risk histirance. oil all C01IS11116041 PrOjCCIS WhOM R is dcmied necessary. Stwh coveragc sholl be endorsed fe) WVCI� 01C ill[OIVS(S Of C011ier COL111ty aS WCII AS Ille C011traMr. Premiums shall br billed to the project and the Conirtictor sholl 1101 ilICIVIle SLLIlders Risk prewitims ill its project proposal or proje-A billings, All kIuCSH0FlS regarding Builder's Risk IngUl-ftliCe will be addresstxt by the Collici, County Risk Mallagenlent. Division. 815/2021 - J W Vendor's Imsurance Amptince BY Wbmissioo of the bid Vendor accepts ond undustwids. the insurance requirements of theso specifications alld that the evidence of insilrability may be required wIlWn five (5) d;kyS Or tile mard or this !io&luition, The insurmlec SUbmirted IIILISI provide coventge ror a milliniLlin of six (6) moriffis from the date oraward. 0 GO ., le-r �Cou"ty AdmInIstrEtIvo Sorulces Do Inient The Vericlor uemiries dint, it) the bust of its knowledge and belief, the past flnd curreol work on ally Collier COUnty project affiliated �Yith this. solicitaijkli; &)cs not Imse oil organizational cariflict as described by wic or the three catagnries below: Biased ground rules —The firm lias nol set the "ground I'LlICS" For affiliatcd pust orcurrem Collier County project idenfirwd aWye writing a procurement's statemelit oF work, speci ficut ions, or performing systems togilicering ;11111 technical direction for the procuremetil) which appurs. to skmv the competition in ravor of my I irm� Impalred objectivily —The firm has not perrorined Nyork on an affiliated past 01' CLUTent C-011iCl- ('011111tY project identified abovc to i�wlwate prolio8a)s I past performance of itself or a competitor, whivil calls Into (jucstion the Contractor's ability to rmider fitipailial advice to [lie gow I'll nielit. unequill access to Information —The firill Ilas not had access to nonpublic information Els port of its perfornilkFIC0 Of U Collier COU1111Y PrGjCQt �deiiti ried above which inay have provided the contractor (ai- all affiate) wlih an unfaircompetitive a�jVflIltkIgC in CUrrent Or future solicitations and comi-Acts. m Addition to this 5igiied affidayil, 1110 Contractorl verclor must provide ille fullowilig: I . All (JOCIA11101k prLI41LICed RS a L'CSLIIL Orthe work completed fii the pw or currently �eing worked oil For the abov(�- mentioned projixt-, and, 2. 111dicate if Elw hi0ormation prodticed was obtained aS n nintterufmMig r -scord (in 1110 "SLIVIShilIC") OV thi-OU911 11011- ptiblic (not Ili the "smishinc") conversation (s), meeting(s). docament(s) andlor Awl' Imam, Failure to disclose all materhil or having an organ izational GolitllCt in oilt Or wore orthe three categories above be identifled, may rcsult in (lie disqUillificatioll for rulure soflCitations tiffilinted with the above referenced pr*ct(s). By the signature below, tha Firm (employees, officers andlor agenLs) Cerfirics, find hereby disclostm that, to the best of Ilicir knowledge and helier, all relevant facts concerning past, prestlij, ol- currently planned interest or arllvity Wmanclal, Coiltractufll, orsallizatiollal, or otlierwise) iviiich relares to flie project Wendried above has beon fully dIsOosed Alld (lots ViDt POSC art organizational conflict, Sftc%vork, LLC Company Narric 4V _§igilnture �pdjih �C.A Print Now and Title State of F� COLInty Or Ue ']Iie Foregoing insirtmiem was acknowiccIgad b6ore mc by metins of ID WaskjILMUO Or 0 onlinQ notavization, this l4lb dfiy of Sup 011cinth), 2021 (year), by Itlilph C. AtidImw IWP%, (naine of person acknowledging). j In AP 11 (SIZIUV-0 of'?�Qlal Public State of Florido) (Print, Type, or Staltip C m, issiormd Name of Notary Pobliv) eersamlly Knoym Olt Produced Iden Li Fical ion Type of Identiricatic,ii PlUdUced KARLA BREWT -StH10 of Florida Notary PublIC Commission # HII I Il 0250 My C=rnissiort Expires juhuary 13, 202.9 Ip- Mnihistratva Selvices Dopartrwrit PIULUMV10111 Swim [)Msbi) FOR51 10 - VVNI)OR J)KCl,AlkXN0.'%.' $Txrt;.mrN'r 130ARD OF COUNTYCOMMISSIONERS Collier Cullilly Govemillem complex Naples, Florida 34112 Dear Commissioners: The undersigned, fig Vendor (leclares tha( this response is made wiflioul romiection or arrangement with any other person and this proposal is in evory respect fair and 1118dC jtj g0O(l faill), �Vjjj)011t CD111ISiOLI or ftatid. The Vendur licreby declares the instructions, purohase order terms und conditions, rujuirements, and slwui ficationsiscope of work or (his solicitation have been fully examined and accopted. The Vendor agrecs. if tljiS SL)ljCjtftjj0jj SUbm iltal 1S aCeCptcd, to execUle A C011iei- COUilly dOCUITIC11t for the PU1'l)0se Of establishing a rorimil contractual rclationship between 1he firm und Collier Counly, for the perfonnfince Of all requiremuts to which. the Solicitotion pertgins. The VC11110V StAtC9 that the SUbmitted iS based 1.11)011 111C d0milents listed by the above referenced Solicitation. Further, the Vendor agrees [lint ifflWarded ;k contract fol, these gr)ods nudhni- services, the VVIC101-Will ]lot be eligible to compete, submit it proposal, be mvRi,ded, Dr perform as FLsul). vendor for- imy futurc� rissocinted with Work that is 11 result or thiq mvill-ded eantrilet. IN WITNESS WHEREOP, WC have 1wreunto subscribed Our mimes on this 141h dily of SqjjL 20 21 Ili tht COL111ty Of ill the strile or 1:1, Firm's Legal Name: Address: Andrew SItework, I.LC 2511 Palm Me. City, State, Zip Fort N-13-urs. H., 33916 Cod e.- Florida ceoiricatoof A uthoricy Dor,unicill Nurnbtr pi�deral 'ran Idt,m6ricailon Number *CCR 0 01. CAGE Code ooriiy wGram Funded Telephone: Email: Signalure by: (Typed and written) Title.- CM1224664 26-3291871 60134 239-220-1606 President C. Andrck% Ill 0�1 Additional ('011tilet 1111`01-11111tioll Send pnyments to: Ancirm Simm-ork, LI-C (required irdifromml Company liame used a� payee fl-0111 above) CoMact name: _R�L11)IIII C. Andm-w Title: lllv"�Llcm Address; 2111 11:11111 1% VC City, State, ZIP P(irE IMyurs. I-L 33916 Telephotic. 239-226-1606 Etliall. ra I pli4rillArewsi W wur�xcl in office servicing Coiller SMOr County to place Orders (mquired it'ditTemit From above) Contact liame: Tlde� Addi-ess: City, State, ZIP Telephone: Email: Secondary Colitfict fol. Mimi P. BramWiss - cencral Mminger this Solicitation: POlu.: 2.19-326-3384 01 C okir— COMHty Admln�MWSapAnsDepafterit Proulfement Sq1 mas Division FORM I I - Imsuciu-i'm This Affidavit IS 1'eqUired and should be signed, natad;,ed by an authorized principill of tile M-m aild sUbmiaed with 1501`11-1411 SDIlCitRti01i SUbmittaLq. Further, Vendors are rquired to be� enrolled in the F-Verify program, and provide acceptable evidence of thch- enrollment, M the time of the submission of the Veildor's bid. Acceptable evidence consists of a copy of rho proll"ly Completed E-Vei-ify Company Prol'ile page or n copy of the fully ex'ccuted P.-Verify Memormidum orUnderstanding ror tht comparly which will be pro(ILIced at tile tillia of tile 51-1bill iS%iOtl Ofthe V1011001"S Wd or withifl. rive (5) clay or lbt� cntillly's Ncitioc of R=mirtmd Award. FAILURE TO EXECUTE Till.$' AFFIDAVIT CER-11-1171CATION AND NNTI-1111 VENDOR'S PRO.POSAUBID MAY DEEM THE VENDOR NON -RESPONSIVE. Collier Cowity Nvill 1101 inteilliona1y Hward cotlilly colitracts to any Veodoi, who knowingly envloys anauthorized -.1 aliep Nvorkers, conslitliting rL violaiioit of tile eiiiploynituit provision comained in 8 U.S,C. Scctioii 1324 a(e) Section 274A(c) of the I Inni igratioil mid Nationality Ad �INA`). Collier Cotimy may consider the employment by any Vendor of unfludiorizcd ilipns a Yioliktion orsection 274A (u) of [lie INA. Suoh Violation by tile rcciplem oftht� Employment Provisions contAitied in Sectimi 274A (c)of the INA sliall be gt-OMILIS ror millateral terminatimi of the cowrart by Collier County. Vendor alteqtS that they tire Fully Compliant with till opplicible immigration laws ("P(-kflr1QQllY 10 tile 1986 Immigration Act 'md subseqUent Ameiidincrit(s)) illa it is, in g(mipliallge With the reguiremenis set Forth -ill-E-ki SiLiwEu5 §448,005, jand agrees to comply Willi tho provNions of tile lylemormidum of Understandiiii; with F-Verify and to provide proof Dr enrollment in The Employment FliSibility Verificalion System (E-Verify)� operated by tile Department ul"Homeland Security in parmuship Willi t1w Social Security Administration at tile time of submission of the Vendor's pimposal/bId. Androv Silmork, U-0 Company Mime Signature Ruloll C. Akrew Ill � Proskluill. Print Name and Title sime of V 1. Counly af- Lee The rQrC8Qj1lg ill5tFUMC11t was acknowledged belbre me by means of 0 phygical presence or 0 onlinc iio(prization, th is - 14,111 day of . phL 2021 (year), by RaiRli C—Androk, Ill (name (mufflh). of person acknowicdging). N IttUre*441 Ll I "i Stary 1) bl' State of Florida) 0, (Print, Type, or Stamp Commissioned Nanic ol'Noinry Public) &Ljmja4-KnoWli OR Produced Identification " Pusomilly Known" Type kV Identl Ficrition ProdUced KARLA BREWTON -SLate 01 Florida '"otary Publin Commisslori 0 HH 11026n My cornm�sslon Expires =�=Ionuwy 11, 2023 FORM 12 -13 1 DDERSCIIECICLIST IMPOR'T'ANT, No bid shall be consIdel-ed (1111uss it Is InAde On 1111311el-ed Bid ral-lils wilichare included ill the Ridding DoCH Ill ell t5. PIC 1150 VeR (I Cal'VfU I I Y, Sig Ll i n the SIMM IndiC a tiOd ui�l return wi Ili your Bid, Bidder shou I d check o IT euch of thc fo I lowing items us thu nuessary act ion is Oon I p I Mod: 1. The Rid hns been signed,o� 2. The Bill prices offered have been reviewed. &.-' 3. TIT PriCC OXICOSiOnS and 1011115 hlLVC been checked. 4. Bid Schedule has been completed mid attached. r--"' 5, Any required drawings, descrip(ive literattire� etc. have been included.w-' 6. Any delivery information coquired. is Included. --' 7, The fo I Iming oil- I in c s tand ard documents li a ve been mviewed -a nd accepted! n Bid Sy no: a. Construction bid instftld[01119 form V' b. collstrucliall services agreenleM W.— e. Purchase wdcr terms and conditions 8. All of the Following bid forms liuve beco completed and signed-, a. D id Form (Form I) l,,- b. Con tmetors Key Personne I (Fomi 2) c. Maierial rYkinufacturers (Form 3)4e-- d. List of Major Subcontractor% (Form 4) e. Statement of Eiperience (Form 5) 4e, r. Trctich Safely Art (Form 6) w- g� 131d Bond rorm (Form 7)v---- Ii. Insurance and bonding Iteqkdruments Worm 8) w"' i. Conflict of Interest Arfidavii J`urm Q) 0-1 j. Vendor Deelm-Mion Suilement (Form 10)40"— It. Immigration Law Affidavit Ceiiirwallion Form I I ) MUST be signcd mid atlached wilh yourw— slibililtial oryou MAY be DEENTED NON-RESPONSIVIE 1. Signed Grant Provisions and Assw-ances package in its entirely, irapplicablLt. �ire executed and Should be included Nvith yoursuhmiani. MI fornis must be execuied. Qryou MAY be DEEIVIED NON -RESPONSIVE, Copies of rquired iororm8tion havc bmi atiached ki, Business tax Receipt (Colfler COUnly 1111AVICSSrS nll�y) b, coippany*s r-Verify proffle page or memorandum ol'imdCrstanding c. Certiricale or Authorky to Conduct Business in �late cel'Floridal (Sutlbiz,org) d, Any required prollissional licenses — vnlid and current (myfloridalicense-con'l) (le; Gemicral Conti'actors license, Underground Utility and Excnvntion, Builders, Trade Conlraclor% etc., as Hppliubic. requested andlor required.) e. Vendor w-9 rorn, 10. Irrequirvd, the ainount or Did bond litis been checked, and the Bid bond or cmshier's clicek Ims been �tlblnilml- 11. Any addendn have been signed flnd acknowledgeimm Forin attached and included, or you MAY be DEEMED NON-RESPONSIVIR, 12. The Bid will be uplooded ill fline to be rcu�ved 110 later thal) the sPecifled Opening dite.and t4lic. otherwise the Did vannot be considered, J .1. Form 5 lim been completcd using 111C qualificatiops fl� StRIC6 ill tilt lJOUL1111011. "Sll�)1110111VIIUI InfORY1116011 Conlra(,iors Qualiftiffloos". 7" 2 JIM 6 Ix 0 i LL L.4 0 LU Ul) z 0 D 0 LLJ z 0 LU LL CL LU z 7) D ca LL 0 P_ z uj LLI LU C) z r) LLI V) LL Lu LLJ z z z r,'LU " 14 U 0`6 "Z U�i A'P z V) 0 Z 0 0 u Ld I 'k ') Iz t u E gj D uj z 0 ,2 03 4-0 Z3 u 0 'a 4E 9; cu oj L) ra 41 LA .c 0 F D Florida Department qf Transportation RON DESANTIS 605 StAvannec Strw KEYIN I THIDAULT, JJX, GOVERNOR Tallnlwv�qm FL 32399-0430 SECRETARY Nay 19, 2021 ANDREW SrTE WORK LLC R511 PALM AVE. FORT MYERS, FLORIDA 33916 F,E: CERTTFICA'�C OF QUALIFICATIGM Dear Sir/Mad-1:11; The Department. of TrarisF--�r--ation has qualified yo�tr c--jffipany for the cype Or work irldlQ6ited balaw, Un:ass yDv: company is aotiEiad otherwi3o, this CertLficdto of will expire 6/30/202Z. th;) new apPlica-LID(I is du -a 4�301.2022. Yn acoordaAce with S.337.14 fl) r,S. your next apptication must be filed within (4) months oE tha ending date ot the applicantla auditad annual financial Statements, If your company's mjLximum capacity hqs been ravised, you can acce*s it by logging into the Contractor Prequalification ApplIcation System via the faLLowinq link: once jogged irk, saleoL "View" for the most recently approved application, and then cilak Lhe "Hanagall and "Application Swimary" habs. FDOT APPROVED WORK CIARS&Sr DRAINAGE, ORADB�, GrVSSI�IC, SPEDING, AZID SODDING, SIDEWALY, GtLlitie-s sewer� you may apply fvr A Rcjv�s-�d Certificate of Qt4at�ficdtion at any Litte pflor to the expitation dite of this certificate aczording tc Saiction Florida Admini,5�caLlve Code I F�A.C- I , by accessing yzwz moot recen�L7 *PzOved aPPII"�iQn a$ stown abcvs Aft;1 choo-91ng "Update" Jr.Stoad of "View." tf rertificafion in addltLonell ,�laqsqs oE Wqrk is dagireel) dj�:Umentdtion Js noaded to shc;w thAt your comp,3ny hA.9 d3ne w,�rk with Vour own fnrces a:,Lcj uquipmunt e>� thA� eXperia.lCe wiQ 9.1ined with ancthar �:-)ntractor and that Y��'U hWe the ns-9,5-gary laq-,iiptrent: for Qich ajdLrLonal CI-132 of worp relliasted. All preq-.tElifia:i ;,Lce req,.:.::ed bV Sec.-Llori :0 certify theit -,)or% unde.-way rwn0ly In �rJer to adJu3t MlNiMUM i�idUrlg zaPdcitY r.-� avuilable bidding tapa:�Izv. Yf,)l.j ran find -,Ile Linli to thi5 roport ,tt the ah-)-an above. AA.' Cq 3 inceralYr A:.ari Alitry, Nan,-vjer ccwtacrs Adroinialra'-Ion Offin-0 Iniprove Setle0% Enhance Alobdif ' V. hispirO h"101-elli'lN wwwBol.gov 01,112020 L1C4)11.j0_Pde191j ( I ).111M jimmy r4wwa N-0:1 Mull ('111 FFFENAWA.M. OFF W k.'N J111111)l fl-kilki K0111 MCC101ij DIVNIM DIRECUOR SAFE'ry FROORAM N1,kNAUR .% 0.4 1 .. ", i FLORIDA DEPAKUMENT OF FINANCIALSERVICES DIVISION OFSTATE FIRE MARSHAL Glfi[10 Sffddri - TjjfiLjtjj.jj1;V, F10fid.1 32.10M.Idj Tel-830411-1P4 r.u.850-410-1461 CERTIMATE OF COMPETENCY OFFICIAL COPY THIS CUTIFIES THAT- Ralph C Andrew 2511 Palm Aventie Ft. Myers FL 3 3 916 DUSNESS ORGAN(ZAT(ON: Anch-ew Site Work LLC Coutractor V mcaos n con trnctor whose business is I imited to che exacution o F contracts rqLi i ring (lie ability to fabriatc, install, kispect, alter, mpairand servicc (be Undaground piping For a fire protection system Wing water as the extinguishingagent beginning nt the point of service zis clormed in theact and ending, no more (han I foot 0 M nbovc the fini-ihed floor, fssi�c Nw� Type; Class: Co�inly: License/Ponnit #: Expiration Dam.- nacrFinandal 0111cer 07"OU2020 09 14 Lee 119776-0001-2008 06/30/2022 Mu Wr rUsurs?FwN j t .0, H IOCIA () MY011112cl. 29, ZaJ2 rq7[1&filttlj,l UO,,, Uel $11CCM6111 C0jnrj4:tI0g the Plodda Starnimptur artalais 1ild$zd;mewAdna Coniml jaspwnr ThifliVrogrAm. 18rd1l1?flP�v4CjAC . In alld hvfpqdyqu 110 b0tift LJflddr,7fAfljj 1�'Jfljjdlq� Ind file Impoemlice orpCovar dedgm, conowdoo, 010 OF Msbo nd setibunt corltrofj 00C105 vonstrucdo", In order is) 11311w. efle Proper 10AW-form Aper.11hp met" Dr'tdv"'Vcr AYNcals fa Atturlied you ;VW PACI Y011V Mlfr�ved cogfl&lwind Wet carct. Wrlklld De cled, tic in ch,101dingor yotled'v.1m, refc,111boar rurrhar elo (lot hojiraca (00)[1mat M1 At DrIall Drandfass A ndr; w S Ica WOrk LLC '1696 81tivallor, lvjy rf. Wou. N. 33905 Vic-w 14( ID4 Wow It there ore -mycryari In rbo DONAWSW 01i 9WIROWNWAL FROT90TV1 3709hMATIA INVOIJONZI gonrnoL NP(dron TRAIO4144 Pfloomm 'ian Cly? oftwuhl 1" atmuoij-1) QUALITIED STORMTVATER MANAGEMENT INSPECTOR Thl undersIgned h&lky �C�10%vfdc(qaj thit Brian brandfass fi,13 9L1CC0;SrLjVy Met pli NqUirements ij�ccs4qry (() J)e fully (JuArldd thcougli the Honda DapArrment of LWArontric.-jital Protedon And Scdirnentadon COtIctol Inspector Tralaing Program Novdinhev 1, :912 hispuvior M11jeo �/Ztj fu I 9 ji." kit Mo 41 Mlll)h Andrew , kw 1/'Isat"sivs wo alc 19 MO If', OSR, 4 Corn abivh!J, )OIJ Mla—ftl 1) 7a, illill-vi U. 0 Client#: 1462194 132ANDRESIT ACORD,,, CERTIFICATE OF LIABILITY INSURANCE 1347F (MMIDWYYYY? THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS No RIGHTS U PON THE CERTIFICATE HOLDER, THI$ CERTIVICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, TH* C11ATIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. I MPORTANT: If the corlifficato holder Is an ADDITIONAL INSURED, the polley(las) must have APDITIONAL INSURED provisions or bo endorsed. if SUBRDGA'rION 18 WAIV11D. Su6joet to Ihe totms and �ondjjjonq of the polioy, orlytain polloles may require an endorsement. A sloNment on [his certificate doev nD1 comfor any rights to lhe carflileato holder In I�qu of such olideftement(s). PRODUCER Tony Lecibetter �1 42� .. ...... -8a -5271 39 433. 1 McGrIff Insurance Services 39 Fxx see. 13515 Bell Tower DrIve letterCmegriff-com ___ 'I -- Port Myers, FIL 33907 INSURER(S) AFFOR011,10 COVeRAGe NAIG 0 239 43S-035 INAURER A. FCCI Commarcial Jnsuranco, Company 3$472 INSUR90 Andrew Sim Wark !-�C INSUA8R 9: F"I Insufanca Company 2511 Palm Avanuo INBURER D: Fort Myots, FIL 33016 INSURER IR COVE GES CERTIFICATE NUMBER; REVISiON NUMBER* TH�S IS TO CERTIFY THAT THE POLiCIES OP INSURANCE LISTED BELOW HAVE BEEN ISSJED TO THC INSURED RANIED ABOVE FOR THE POLICY PERIOD INDICATE10. NOTWITHSTANDING ANY REQUIRE&18NT. TER141 OR CONUITION OF ANY C;ONTRACT OR OTFIER GOCLIMENT WITH RESPECT' TO WHICH THIS CERTIFICATQ MAY BE ISSUED OR MAY PERTAIN. THE 11145URANCE� AFFORLIED BY THE POLIOES DE,9CRI13ED HEREIN IS SU83ECT TO ALL THE TERNIS. EXCLUSIONS AND CONDITIONS OF SUCH PQLiCIES. LINUTS 8HOWN MAY HAVE EIEENI REDUCED BY PAJD CLAIMS. JAU0Lt%Vt1Ml — --- 601 TYP&OPIN11URAKIII JNSR WVO� POLICY NUMARR OVIERAL LIA13OUTY X X -- 1 1-0 - %- 0911512020 --- &.kb I I NY U101113 0911512021 ' �ACN O=LAFIENcE I s 1'000, 000 A �MEARJ�CJI.AL �0006061114200 CL J_ MADE OCCUR S100,000 X PID Dad,l 000 mEo Exporywo pvt4onl S sLg-�o PFRSONAL I AOV IKJURY S1,000,000 QEWL ACIORTGAri LIMITAPPLIffS PER; GeNeRAL AGaREGATE $2,9019-90 -- - F-7. PRO. r too PQLIQY I—X Or 1_1 LLRaOucls —�cOm"��—AOL 11-000,000 A AUTOMOBtLE LIABILITY X CAI 0008114000 COMOIN'D 3WOLE 1.401' 09J!I&?(120 scoderill -- j �1'000'000 —1 X ANY 41) ro QgaiLy INjURY ifte person) S RUV600 N L Y X 'AN"S Ol1LY SCREDULED AUTO$ NON-OWNEO i— AUTOSONLY BODILY iNjURY(Pomcdclanij S A X UMaReLLA UAB EX CESS LIAR X � OCCUR I UMF310006114800 CLAINIS-MOOE q/1512020ligwii-12021�eAtMOCOUFlIkEN�t—.- 154 iAGORECATE .--#14 01-:0 � XfRLqL-.F1Tlotj510'000 3 WORKERS cOMPENgAriON. 1 1 X 001WC19AT2134 ACIT 'T' f0l/2I)2C,04N112021'X i TATUTIF Ft A IContractons Leased / Rented C.L. EACH ACCIOENT SI e.L, OkSEASI - EA EMPLOYE �$ 11 126-69115120 '—CM-t0006114400 Ti 20 0' 211 $500,001) Limit 1 1 1 $5,000 Deductible QE30R)PWN OF OPURATIONS f LOCATIGNS I VEWCaS (ACOR D I Di. Addit1wisl Ramdrkii gthodii I* rAjy ba allachod If MON 101ad lb coqul I Rd) Wiprikers Comp Coverage InCludoe USL&H Coverage FOR PROPOSAL PURPOSES ONLY NA"'flop"'A Andraw Site Work LLC 2511 Palm Avenuo Furt Myvra. FL 33916 Fort Myers, F� 3�915 SH OULD ANY OF TH 5 ABOVE DESCR�HUD POLICIES BE CANQELI-513 BEFORE THE EXPIRATION DATE THEREOF. NO110E WILL SE DE�IVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED RePRelfiNTATIVE A&4A"' 14,1 k."— �* 1 D88-2015 AUUML) UQKYUt(A I 1UN. All rignts reservea. ACORD 25 �2016103) 1 of I Tho ACORD narvu arid logo aro r"Isiarad marks ofACORO N9264751201M�64174962 TOLE 0 12 Aa. DjVpa�014 Q17 CORPORArIoNb r .Org 0-OWIdnoilL "f= I I1Mf19n9[D9MnW-t" I �Wr&-RMdl I I Detail by Entity Name Florida Limited Liability Company ANDREW SITE WORK, I -LC FlI1n9irALQW9W Document Number PEIIEIN Number Date Plied Effective Date State Status Last Event Event Date Filed Event Effective Date EdnLq1RaLkdskM 2511 Palm Ave, FORT MYER$, FL 33916 Changed: 04/14/2015 MaIll g Address 2511 Palm Ave. FORT MYERS, FIL 33916 L08000082353 26-3291 ST1 0812812008 08/2V2008 FL ACTIVF CORPORATE MERGER 12/2112015 NONE Changed: 04114/2015 Eggistered gent Na le & Address Andrew, Ralph C, III 2061 SE 28th Terrace Cape Coral, FIL 33906 Name Changed: 02104/2013 Address Changed� 01/07/2019 AigborIzed Perso (u)-UjW Name & Address Title Manager ANDRFW, RALPH Chancey, III 2061 SE 281h Terr Cape Coral, FL 33906 Annual R ports Report Year Filed Date 2019 01107/2019 2020 QW612020 2021 0112912021 Docurnent lmagtg View irmage in ��F 1cmaL_j 01/1612020 —ANNUA1, 2 View irrage In POF formai Of/0712Dl 0 — 6NNUAI- REPOR MOW irnflue In PPOF farMat 021.02 View Image In Por format 000 12011 ANNUAL REPM1 View image in PDF format 0jj2?0Q.jB----6NNWAI- RFM.RT Mow Imw a hi PDF format 12121120 16 Me ggg VlowimagoinpLx-ro"not avi 412p ANNuAL REPORT View Irflaga in POF format View image In POF format Qjt29J2014 View xnuge;� POF OrMiki 0=412013 — ANUUAL BEPORT \tjew image in POF formol O�Y2012012 ANNUAL REPORI View Image In PDF form at Mew IMAge in PUF , tornlsk RfWTATJ�tA �hLt View Image in PDF rormat Q012&POO8 Florida Umitud-W&MY. View Imago in POF �rTOL---� 11. .,.11, 1, o -no, uf ftWl, O-V-0-1-1 W 0 I I ll-,(??f) E-Verify Welcome Ralph Andrew C 0 ITIpany Information Company Namo Andrew Sitework Company 10 Nomber 399745 001na Buslilass Aa (08A� Narok) DUNS Numbot Physical Looatlon Address 1 2511 Palm Ave Addrass 2 CRY Fort Nlyors state FL Zip CO(h) 33916 County LEE Mafllng Address Addross 1 Addras� 2 City Z)P code Lp,;';Is lipm E MENU 71 JAW11) AddMonal informatlon E-vuly E11,O)YO? V11:x(I - ('0iAptly 1"Formawn Erliplover I'dontilicalion Number 263291871 Total Mimber of Empioyaus 20 to 99 Pt�rform Vor1ficatims too Your Company's Empfoyeas Yus Parent Organlzalfon Ornarilzatloa DR919nWon Emp lay or C a tog 0 ry None of these categorlos nply P) ( --w _1E d-1-1 I NAICS Code 221 -UTILITIES FVrOW I E7dit rc?tot Point's of conlacl View Original MOU Template AM Ldvit Login! 06122.?20.20 u ag A.m U 5 Doparlmant or H(>mtjtjnA SOCLI(Ily I Id"14 el if)4 � j 0 Fofm WM9 Request for Taxpayer Give Form to the (Sev. October 20 in) Identification Number and Certification requester. Do not or Ihe Tirearilry send to the IRS. Coma $arvica )P- Go to www.irs.gov/PorfnW9 for instructions and the latest Information. i Name �vs shown on your incoma lax (OtLirnl- Name is required an this line: do not lobve this line blArill. Andrew site Work, L L C 2 BuslnsaA fiame/diar"arded antily narrie, if differem from inbove Andrew Sitework, LLC 3 ChIck appropriate box for redorai tax cusuincautin or the person wnow narine is entered on line 1. Check OrIly Oft Of JI1Q following &even bokes, Indlyltfual/sots proprietor or [3 C Carparston El S Corpoyallcri El Partnership El Trusueslate sinole-member LLC Limitad flabiPycomPBOY. 15Mter the tax alasigIflcallon JC-C corporation, S=S corporation. P-Partnership)lp P Note; Ohork the appropriate box In the line abovo for the tag WaSsiftation of the slng�e-mamber owner. Do not check LL0 If 1ho LLC in; classiffed as a singla-member LLC that IB disregarded Iroril the ownar unlins& ths ownar al the LLC is another LLC that Is not disregarded froin the owner for U,3. federal tax purposes. Otherwise. ol single -member 1,I-C the Is disregarded from the owner Mould cheak 1110 appropriate box for the tax classification of Its owner. GlhqF (8019 instructions)i 10 or 2511 Palm Ave 6 City, stata. and ZIP code Fort Myers, FL 33916 7 List uccounlriumbtfts; horn 4 Exemptions (codes apply only to certain entities. not M,Ividuafs: see finstruMomi on page 3)� Exempt payee code tif any) �xemption from FATCA reporting code @f any) Requastar's narrD MCI RdWOSS tOpriOnag V'* US, J= Taxpayer Identification Number (TIN) Enter Your TIN In the appropHats box� The TIN provided must match the name given on lirie 1 to avold Social socur�ty ritnribu backup withholding. For Individuals, Wis is generally your social security numbur (SSN). However. for a resident alien, sole proprietor, or dIsregardad entity, see the instructions for Part t. later, For other _M aritItio, 11 I� your employer Identification number (EIN), If you do not have el rlomW, tee Now fo gal it TIAI� later� or Nato: It lhe account Is In nicire than one name. see the Instructions for 11�ne 1. Also see What Name and Fmplayar identification number __J Mimber ro Give the Requester for guidelines on whose number to enter. F2 T61 -1 3 1 2 1 9 1 1 1 8 1 7 1 '1 1 aimm uartmoaxion Under penalties of perjary, I 0WIfy that: 1, The number shown on thIs form Is my correct taxpayer Identification number (or I am wailting for a number to be issued to me): and 2, 1 am not subjeot to backup withhol6rig because: (a) I am exempt from backup withholding. or 0) 1 hsvo rat been noUfled by the Intornal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 1. 1 am a U.S, citizen or other U.S. person (deffned below): and 4, The FATCA codeis) entered on lhis form (if any) Indicating that I OM OKOMpt from FATOA reporting Is correct. CertIfIcallon Instructions. You must me$ out item 2 above If you have been notified by the IRS that you are curreMy sut)locl to backup wIthholding because you have failed to report all interest slid dividends an your tax return. For ruW estate transactions, gem 2 does not apply. For rnor�Qaga interest paid, acquisition or abandonment of secumd property, cancellation of debt, contributions to an IndIvIduol retirement arrangement (IRA), and generally, paymeril� other than interest and dividends, you are not required to j3iqn the certification, but you must provide your correct TIM. See the instructions for -Part 11, Vo). Sign S190811M Of Hore U.S. parson 10, Date 1� 1 -1. 1 - - - ' 60_�p General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future devolopments. For the latest Informatlan about developments related to Form W-9 and Its Instructions, such as legislation enacted after they were published. go to w�ymits.9ov/FormlV9. Purpose of Form An Individual or ent1ty (Form W-0 requester) who It requIred to file an Information return with the IRS must obtain your correct taxpayer identlillcation number (TIN) which may be your social security numbsir (SSN), Individual taxp�iyor identiflcation number (ITIN), adoption taxpayer Idenillilioation number (ATIN), or employer Identillcation number (EIN), to report or an Information rallum the iamount pald to you, or other amount reportable on an information return. Examples of Information returns Include, but are not limited 10, the following. * Form 1099 -INT (Interest earned or paid) o Form 1099-DIV (dividends, Including 11100 frOM $1009 Or mutual fund�) � Form 1099-MISO (various types of Income, prizes, awards, or gross proceeds) @ Fo(rn 1 099-B (stod( or mutual fund sales and certain other transactions by brokers) * Form 1099-S (proceeds from real estate transactions) v Form 1099-K (merchant card and third party network lransact�ons� * Form 1099 (home mortgage interest), 1098-E (student loan Interest), I 098-T (tuitlon) Form 1099-0 (canceled debt) Form I M-A (acquIsItIon or abnndonment of secured property) Use Form W-9 only If you are a U.S. person (Including a resident alien), to provide your correct TIN. It you do not return Fo" W-9 to the requester with a TIN, you r*ghf be subject 1`0 backup withholding. Sao What is backup withholding. loter. Cal. No. 1023�x FQirr W - 9 (1 lov, 10-20181 0 EXHIBIT A-3. CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Brian P. Brandfass Chad M. Baker Cheryl Robinson Danny L. Dutton Personnel Cateciory Construction Superintendent Project Manager Project Manager Project Manager 10 Construdion SefvIces Agreernent: Rev1sed 01,2821 (v1 0) INSTR 6157598 OR 6040 PG 1360 RECORDED 11/10/2021 2:04 Pm PAGEs 8 CLERK OF THE CIRCUIT COURT AND COMPTROLLERj COLLIER COUNTY FLORIDA REC $69m5O A X71VXlrj XTrlr T2 C% Flon'da Statute 255.05 511 Palm Avenue ort Myers, FL 33916 39) 226m 1606 I 175 Berkeley Street Boston, MA 02116 (617) 357m9500 0 1 D �u Vr T"^ 4 VL16LVw3a LAV�q U Delray Beach, FL 33445 (5 61) 4544210 n1r.11 V Vq Collier Countv Board of County Commiss Naples, FL 34112 (239) 252�5344 ROJE CT* Trail Boulevard Water Main Improvements Phases 2 & 3 LOCATION* Trail Boulevard, Naples, Florida OR 6040 G 1361 um of one P ii ayment wher ITB# 21 =791 8 ntract No. 21=7918 as Principal, and ty Insurance Company as Surety, 175 Berkley Street, Boston, MA 02116 (Business eld and firmly bound to Collier County Board of County Commissioners. as Obligee In the lion Five Hundred Forty�Six Thousand Three Hundred ($ 1 546 MOM )forthe of we bind ourselves, our heirs, executors, personal representatives, successors na assigns, jointly and severally, Fifty & 00/100 Dollars U with Obligee r Trail Boulevard Water Main In S P 1 0 accordance wit" d wings and specol ncorporated by reference and made a part hereof, and is referred to her Wr. rMMITIMI nP TPIQ Pr)Nln le fhmf if Prinni rile rr%m fl mateme minnt tr% nil rini nntQ nQ rinfinad h contract is Contract, re J tj V I V 0 a rosecution of the work provided for in the Contract, then this bond Is voId4 otherwise It remains n full force, ny changes in or under the Contract and compliance or noncompliance with any formalities onnected with the Contract or the changes do not affect Sureties obligation under this Bond. he provisions of this bond are subject to the time limitations of Section 255,05(2). In no event 3ond, regardless of the number of suits that may be flied by claimants, NIWITN ESS WHEREOF, the above parties have executed this Instrument this day of Ndxw�\SytWQA�20Z\ the name of each party being affixed and these presents duly signed )y Its undermsigned representative, pursuant to authority of Its governing body. OR 6040 PG 1362 n the presence of, i�� AA%A r\ triesses as4o Prindirial 0 MEO OUNTY OF rillne Ai'Jilotgrizavok, Atnlc� day of as eliall ol the corporation, ritushe is 1� 4k r% 4 0 9= 0 1 No C ornmission HH 119250 My Commission Expires January 13, 2023 fill 0'a f4' I Fj k 4 c pre en or go by I I P U Pilo CIO vl%d U%ju dentification and did (did not) mmission No., 9 SURETY, Ohio Casu I usiness Address N/A N/A inted Name) OR 6040 PG 1363 All Rix i?� Rita Lazarides W ralm BeCICH t f 4 f 6 1 1j/V111// Ltt Attorney In Fact tach Power of Attorney) ephanie Wall (Printed Name) I x Xwl IM 220 Congress Park Drive Suite 100 f 4, koia Delray Beach, FL 33445 ixi't F P �i (Business Address) I 561,w454=8210 F (Telephone Number) Cj "VU14A., W I UVVIII Col t �11 y 11h111111111P Brptt Rosenhaus "I", I as AttorneyJ n.Fnrt f The Ohio Casualty Insurance Company N W Hampshire corporation, on ehalf of the corporation, He/she is personally known to me OR has produced Personally Known as identification and did (did not) an m NOTARY PU STATE OF FLORIDA NOm HH1 34133 WCOMMISSION EXPIRES JUL, 01 , 2025 FFICIAL SEAL) 11101K gnature bf Notary Public) arciarita Lazarides Notary Public, State of* Florida OR 6040 PG 1364 tract No. 21"7918 as Principal, and The Ohio Casualty Insurance Company �1 as Surety, located at 175 Berkley Street, Boston, MA 02116 f I Business Address) are held and firmly Collier County Board of County Commissioners as Obligee One -Million Five Hundred FortywSix Thousand Three Hundred Fifty & 00/100 Dollars $ 11546p350M ) for the payment whereof we bond ourselves, our heirs, ex 1 epresentatives, successors and assigns, jointly and severally. zu a 1z; � VC1 � W��" QIU jl� V 1W " �� 0 HE CONDITION OF THIS BOND IS that If Princinalo Performs the Contract at the f Imes and In the ma he sum of with obilgee for In rporated by re rence and Pays Oblinee any and all losses damages costs and attornevsfees that Obligee sustains Jr I I I I amages, whether liquidated or actual, incurred by Obligee; and 4 Performs the guarantee of all work and materials furnished under the Contract forthe time r under the Contract and compliance or noncompliance with any formalities connected with the 0 ontract or the changes do not affect Sureties obligation under this Bond, he Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, he specifications referred to therein shall In anywise affect its obligations under this bond, and it oes hereby waive notice of any such changes, extensions of time, alterations or additions to the erms of the Contract or to work or to the specifications, his Instrument shall be construed in all respects as a common law bond. It Is expressly & 0 6 0 9 4 0 1 Olzg ng M 004 tatutes, shall not apply to this bond, n no event will the Surety be liable In the aggregate to Obligee for more than the penal sum of t�' M W4� M A Al f 4kn n"m1nnr nf c"Ife fhnf mn he filed h%/ Oblirlee N WITNESS WHEREOF, the above parties have executed this instrument this q0"day of 20 7�\ the name of each party being affixed and these presents duly igned by its undersigned representative, pursuant to authority of.its governing body. 14 4 n n 4 4 A OR 6040 PG 1365 I n'the presence of: PRINCIPAL Andrew Site Work,JfLc r 7 P A% .0%% 1,%Iq W# Y % I 1 0 BYA 00.1-1 r1wPeO .1. 9" a P 00 Nitnesses as to Prylpal NAME' W: tAI1 ITSIO lot A 6.aOI %,Io4 rA to CT \r *1 1 1 A, 'L t 3TATE OF mi.:, 14% 0 % W� Intl- 3OUNTY OF to 0 04 0 P rheforegolng Instrument was ackn Wledged before me by means of 'qLphysical presence or 0 No notarization, this ay of & I n tyw lovd, 20 'A_, by Iv U v'k ft. rTT I A as 12W 5ZI �-j f 'WA rew K a r corporation, on )ehalf of the corporation. He/she Is personally known to me OR has produced as IdenWificat on and did (did not) ake an oath. W & N 1 AI3 1 : P ob ,%%I "'p, #jj' %N �tv KA omill 5%;o Q My Commission Expires January 13, 2023 med, Ept! alblv Printed) ary Public, State of: m' Ission No A m o 4 +t J+ �n q Z97i OR 6040 PG 1366 I Vitnesses as to Surety LJol "fifi%kita Lazarides W Stephanie Wall he foregoing Instrument was acknowledged b 0 inted Name) ston, MA 02116 siness Address) thorized Signature) Inted Name) ll/*Vr 14; As Attorney In Fact tach rower Of /AlLorney) to 0 4 & to. tow ;1 W'. fit .0 tt Rosenhaus, Attorneymin,o & FL Licensed Agent, 4� inted Name) 54 1&j4d 0 Congress Park Drive ite 100 tot :b fififi� toot 4), 46 top to k' W., took fififitoop *1 " Zoo Wi Iray Beach, FL 33445 C"�t MIo�*fi-o 9 . orkbill M'fiat'l'fiol I usiness Address) 0 lot. fi�'. lfi� L a I 0 1454-8210 op 47L ol, elephone Number) ik 0 ;1 j Ole No d e It Ole P, ItI4 61 t T I I P off' it e by means of El physical presence or 0 November 2021 1 bv Brett Rosenhaus as AttorneywinwFact f The Ohio Casualty Insurance Company fil a New Hamr)shire corporation, on ehalf of the corporation, He/she is personally known to me OR has produced Personally Known as Identification and did (did not) ake an Y Ifit NOTARY PU N09 HH134133 MYCOMMISSION EXPIRES JUL, 01 j 2025 FICIAL SEAL) gnature of-oNotary Public) rgarita Lazarides 6ki Drinfeirl'% tary Public, State of6 Florida *** OR 6040 PG 1367 *** F� 0 0: 0 U) O.G E 0 E2 C: !D Liberty v Mutual. SURETY state Of FLORIDA CQUnty of Collier I HEREBY CERTIFY THAT this is a true �ndtcorrect copy of a document recorded in he OFFICIAL RECORDS of Collier County WirNESS my hand and official seal a vek 1 11/10/2021 Is Power of Attorney limits the acts of those named herein, and th 1�16 a rilito tr;i tYStAL K, KINZE L bind the Company except In the manner and to tbOL, "tent 6rqln statec K F RCu CO RT N COMPTROLLER Liberty Mutual Insurance Company, %J� W D,C, The Ohio Casualty Insurance Compa"KV�p q q �p ' CertJIicateNO:8200821w964020 West American Insurance Company Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company Is a corporation duly organized rider Ifie laws of the State of Indiana (herein collectively called the mCompanies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, D. A. Belis; Brett Rosenhaus xecute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance I these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies In theirown proper persons, N WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed Liberty Mutual Insurance Company ere Lu wis Ist Cray 01 April ZVJ7 o asua Ly nsurance ompany American Insurance Company a It this Ist day of April 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 ompany, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing Instrumentfor the purposes erein contained by signing on behalf of the corporations by himself as a duly authorized officer. LU N WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Pure5orasiela,110wryru cc per MorionTwp,, Montgornery County By: A&W*40 ConninIssion Expires March 28, 2021 Teresa Pastella, Notary Public mber, PannsylvanIs As�latan Of NOtaM3 ority of the following Bywlaws and Authorizations of The Ohio Casualty Insurano ARTICLE IV� OFFICERS: Section 12. Power of Attorney. w2i Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the I President may prescribe, shall appoint such attorneys-in,fact, as may be necessary to act In behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety C3 any and all undertakings, bonds, recognizences and other surety obligations. Such attomeys,in-fact, subject to the limitations set forth In their respective powers of allomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation, When so executed, such c 01 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in4act under the 04 ce) provisions of this article may be revoked at any Ume by the Board, the Chairman, the President or by the officer or officers granting such power or authority. C? C:) ARTICLE XIII — Execution of Contracts, Section 5. Surety Bonds and Undertakings, Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomays-In-fact, as may be necessary to act In behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances; and other surety obligations. Such attorneys4nefact subject to the limitations set forth In their respective powers of allomey, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary, Certificate of Designation � The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such aRomeyswlnm fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, reoognizances; and other Surety blinations F P Authorization ~ By unanimous consent of the Company's Board of Directors, the Company Consents that facsimile or mechanically reproduced signature of any ksistant se�cretary of the Company, wherever appearing upon a certffied copy of any power of attorney issued by the Company In connection with surety bonds, shall be valid and binding upon the Company with t A . 11 d he same force and effect as though manually affixed, I V�t�14 �r t 4 f. Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American In; r p hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said 6ppanies, Is In. 11 ean an as not been revoked. N TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ay of 0 C) I Su tV11 IN& VW P^ft 40 Vk 0 ZA MP 0 .41 0 1 0 1 IL 4Z 1 0 0 1991 0 50 11 k 0 By: '4b Renee C. Llewellyn, AsFistant �Secretary LMS-12873 LMIC OCIC WAIC Multi Co.0620113 U z W or LU LL LL z 0 D �J 0 D z z C<L 5 0 U 06 cK LU 0 0 0 LO .J Ui z LL LL LU Ui z Ln 2 0 U: CL 5; 0 U z D Lo 22 IELS Nq KOSE HAUS oc ASS CIATES I 1 �511 Palm Avenue Fort Myers, FL 33916 Trail Boulevard Water Main Improvements Phases 2 & 3, Contract No. 21�7918, as Project Bond No. 964227076 )ear Ladies and Gentlemen: Commissioners, as Obligee, the authority to complete these bonds by dating the bonds with the contract date, execution and Power of Attorney dates, The contract date MAY BE THE SAME date as the execution of he bond or PRIOR to the execution date of the bonds. )ossible. Brett R Florida Licensed Agent Delray Beach, FL 33445 Main: 561.454.8210 Fax: 561.455.4787 www.nielsonbonds.com EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense. carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full Insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractor% Design Consultant, SubGOntractors, 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 solicitaWn 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 additbnal 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 Courity 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 Services Agreement: Revised 01.28.21 (Y10) C Ok 0 Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 ConstrUction ServIces Agreement RevIsed 01.28.21 (VI 0) A 0 Coiller County Florida insurance and Bonding Requirements Insurance / Bond Type Required Limits 1, E] Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required, Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https�//apps.fldfs.cornibocexemr)tl 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 Bodlly Injury ISO form Liability and Property Damage Liability- This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liabllity. 4. E] Indemnification To the maximum extent permitted by Florida law, the Contra ctorNen do r/C o nsu Itant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabiAles, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent coused by the neg�lgence, 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, F] Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Cwned/Non-owned/Hired; Automobile Included 6. [1 Other insurance as El Watercraft $ Per Occurrence noted: D United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence 0 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 E] PoWtion $ 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 E] Valuable Papers Insurance $ Per Occurrence Per Occurrence 19 Construction Services Agfeement� Revised 01.26 21 (v10) 0 Cyber Liability $ Per Occurrence Technology Errors & Omissions $ Per Occurrence 7� D Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. B. El 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. F Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The some 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, E] 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 speCifIG Project description, or must read: For any and all work performed on behalf of Collier County, 12, EJ Thirty (30) Days Cancellation Notico 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 (5) days of the award of this solicitation. Name of Firm Signature Print Name Insurance Agency Agent Name Date Telephone Number 20 Construction Services Agreement' Revised 01.2B.21 (VIO) EXHIBIT C., RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Flefore me, the undersigned authority, personally appeared ____who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ - to be received, ' ("Contractor") releases and waives for itself and it's subcontractors, material - men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 120_ for the period from to . This partial walverand release is Gonditioneb upon paymentof the consideration described above. It Is not effective until said payment is received In paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses forwhich Owner might be sued or forwhich a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owners payment to Contractor. (3) Contractor agrees to Indemnify, defend and save harmless Owner from all demands or suits, actions, claims of lien$ or other charges filed or asserted against the Owne� 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 M physical presence or 0 online notarization, this day of 1 20_, by I as of I 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 Conalruct;on ServIces A�rearnanl: Revised 01.28,21 (00) 0 EXHIBIT 0 FORM OF CONTRACT APPLICATION FOR PAYMENT I Collier County Board of County Commissloners (tkq_OWNE?J or Collier Coun!X Wator-sower Owner's Project Did No. h/1;4n;4nA.r'q Nnmp- I I Prolect No. L;ounry-s uivision rqame Submitted by Contractor Contractor's Name & Address: Original Contract Time: Revised Contract Time: Retainage @5% through $ [Insert Date] Retainage @ _11/o $ after [Insert datel Percent Work Completed to Date: Percent Contr-act —TIme Liquidated Damages to Purchase Order 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 $ datel I — Less Retainage 1 $ Total Earned Less Retaiqq2ft__ $ Less previous payment(s) % AMOUNT DUE THIS $ APPLICATION: Reirraining Contract Balance ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR c�ertifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment Incorporated �n said Work or otherwise listed in or covered by this Application for Payment will pass to OWN FIR at time of payment free and clear of all liens, claims, seGurity 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 induded within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner Ir writing and in advance of such Work, 22 Canstrur,flon Services Agreement, Revised 01.28,21 (00) 0 eXHISIT 0 (CQntinu*4) SCHEDULE OF VALUES ProjeGk Name; Project Number: 0316. Period To: iTEM NUIVIBM DOCRIPT10N 11CHROU= VALUE WORK COMPLETED STORED MATERALS TOTAL COMPLETMCOMPLE7E & STORED TO DAT�_ pffcMT BALANCE TORNISH 5% FtrTAJMA.GE —% RETAINAM Ind ... dmo TOTAL RIETAINAGE WITHHELD PREMUSAPPLir.ATIONS THIS PERIOD THRU5�TF SINCEDATIF TOTALS * Explanation for tile tw000lumm prider Previous Appllcatlam� The Tbr" Date is whereyauwIll Place all Information until the contract Is complete unless a felease or reduction of retaina8e issve comas Into play. Ifthi5 happens, all information upto the date of the% change In retainage Is placed In the Thru Date column, Information after that clote It placed In the Since Date cQlumn. This states what has happened 51pcm the change! in retalneSe. 23 Construction Services Agreement: Revised 01-26.21 (00) 0 Exhibit D (Continued) Stored Materials Record Fnrmiilw A + R - C- D = E A B D E Date Doscription Supplier Invoice Number Previously Received Received This Period Previously Installed Installed This Period Balance To Install 24 Constructlan Services Agreemeni: Revised 01.28.21 (v1 0) 0 EXHIBIT E: CHANGE ORDE An electronic data entry form may be found at: htto://br-cspOl/SiteDirector�/ASD/Purchasiriq-/F—Ormsl/Forms/Default.aspx Chanow Order Form Contract#: Change 4;= PurchaieOrdprO� 0. Contractoffirni Narra;F PfoJeCtNarl'14, PrOjeDtM an agar Nam d I D a p iTtm e nt; C6�nnl Gc,P1r5uVWC4Y Crdhr Amount WgInal SiX Approvel Datl�; Agkrda ltwi Cu ff e nt BCC A= aved Anwu nt Lsst BCC Appoval Dale: Apends Iten' r-urrent CwitradW ar� Order Amount $.AP Cantraell Exp�rqtjnn Llme (fAw.1w) Dollar Anwuntof this Chsnge F 4DI ToL%lChanqle front OrliginalAnxunt Rsi�ilirad ContraotW ar( Order TOW 5 0 q0 L-0 IWO I I Changa from Cwrenli BCC AWcved An"Qunt I C u mulia tive r— ha riDai S Of) 1 40 VX! Chonar. fFoM C�tff rent Awount F____ Completion wie, Dwriptlon of the TasR(%) Change, and Rationale for the Chark9a Notice to Proce�e Original Ion Date LxmtApprovetl NWrLed Data 4.1 Date complat Date # af Days Addpd SalimtTasks 13 Add ntwtask(sl 0 Daliatetask(lif C1 ChZ1191-til5k(s) 11 Other iio Provid#& rasponqLto the folloWing: 11.10tailiA andspecific explanationkationaie of therequasitdrhingflS)to the task[%) ancl � or theaddiflanal day5 added jlf requoateA; 2r)Whythiachangewa6 notinDludedin t1neorlUtnal contract: and. 3.) de5oribr- lheimlpactiif th I qi ch a nae is n at DFDC-455ed, Ail.YKjdC1AoAs1 ivf0t413l$'3n Ircrn I �Lv Dt-sgn Proloisiw,31 a rdi or Cworactot I ne-L-d*1 prepared by: (PrWi Manager Narit ano Peparimaml) Date: Ar4aptancaof thii Chup Ot&&r a hall conslit ule a modificationiocontria iyjorkor,�er ileragied abovs, 111111S irrms and conftiDnsas aortaiTL#d in %& coal 33 fol� is iflie Sam a wert st3lej in this wcapianoe. Tl� a wjjwstmeril. if any, tc I �4C*Mfad I haBcorlsibte 3 full and final ielflefliant of any and all c0k,mr. Of Lhk Corwwor., V4ir;dor$CorLsth an I Dipil'ign Professions I arimirsgoui of or retaiediot hoc Karp im forth harain, I rKlpoing clalrn& for Jrn part am delay cim'3- Amerpted by., nalc - Approved by: Dale: Approved by� oale� : 'L'I YL; -ID � 21, '�'W 1 0 V�n3lj AM ]I " lr�R'Jld �'reZ =�I' ��j 1�'� 25 Construrflon SurvicQs Agreement: Revised 01,28,21 (v1 0) 0 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR� Contract For Contract Date This Certifcate 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 1S att2Ghed hereto- This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within -days of the above date of Substantial Completion, The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 26 Construction Services Agreement: Revised 01.28.21 (v10) RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on '20 Design Professional By; Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on OWNER By: Type Name and Title 20 20 27 Construction Services Agreement: Revised 0 1,28.21 (v1 0) EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Contractor: The follow�nq items have been secured by the for the Project known as PO No, � —Date: and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement'. Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1 All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6, Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8- Certificate of Substantial Completion Issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11- Operating Department personnel notified Project is in operating phase. 12, All Spare Parts or Special Tools provided to Owner: 13, Finished Floor Elevation Certificate provided to Owner: 14, Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments, By Contractor: (Company Name) By Design ProfessionaL By Owner: (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name &Title) (Department Name) (Signature) (Name & Title) 28 Construction Services Ag�eernent: Revised 011.28.21 (00) EXHIBIT H: GENERAL TERMS AND CONDITIONS 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 Contractorwith 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. Uniess. 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 fac4ities; climatic: conditions and seasons; physical conditions at the work -site and the project area as a whole� topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 29 Constructlon Servlco�s Agreement: Revised 01,28,21 (00� 9 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). 23 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 (1i) 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. 3,11 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"), The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 30 Construdu Sarvices 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 w�thout the prior approval of the Project Manager. 4. PROGRESSPAYMENTS. 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 Appl�cation 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 ConslrucLlon Services Agreemont: Revtsed 01.2$,21 (0 0) If 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 265.078, Any interest earned on retainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Lxhibit Q, 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 subm�ssion of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement, 4.12 The County may, at its discretion, use 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 X) Construction SoNices Agreement Ravised 01.28.21 (00) 9 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. J I Z 1:101111 61 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6,2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 33 Construction Services Agreement: Revised 01.28.21 (00) (9 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 instWation 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 direot 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. 75 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 CGnst(uCtiorl Services Agreement: Revised 01-28-21 (00) 9 record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 81 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 81.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel; 8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade; 8A.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; 8.1.7 Any unusuai or special occurrences at the Project site; 8.1.8 Materials received at the Project sit% 8A.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 sate place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features 35 Construction Services Agreemerit: Revised 01.213.21 (00) C, (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 Low Chapter 119 and comply with specifically those contractual requirements in 11 9.0701(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 Tamiarnii Trail East, Suite 102 Naples, FL 34112-5746 Telephone: J239) 252-8999 Email: PublieRecordRequest(acolliercountvfl.gqv 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 �n 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 reWning 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 Constroo0on Servlce3 Agreement: RevNed 01.28.21 (00) (( - 910 9, CONTRACT TIME AND TIME EXTENSIONS. 91 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 impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2, herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progressof theWorkfromany causewhatever, including thoseforwhich 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 Wo�k shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes, Contractor shall promptly perform changes authorized by duly executed Change 37 Construction Services Agreement, Revised 01.28.21 (VI 0) (C Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 11M 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 (6%) 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 Contractors 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 shail be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents, The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced In accordance with the provisions of Subsection 10.4. U Construction Servites, Agreement Revised 01.28.21 (VIC) 00 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner -shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 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 2 reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The dut�es 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 It 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 afforneys'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. 112 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless ofany 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 Agreennent until it is determined by final judgment that an action against the Owner oran indemnified 39 Gonalrudion Services Agreement: Revised 01.28.21 (v1 0) 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 Bonding Reauirements 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 St2tUteS). 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 sea. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work 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 SecuMy (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: Commodity based procurement where no services are provided, Where the requirement for the affidavit is waived by the Board of County Commissioners Contractors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor'slbidder'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 Coristrudlon Ser*es Agreement: Revised 01,28.21 (00) they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply, with providin- bot the accepta le E-Verify q h _ b Pvidence and the executed affidavit the bidder's I Contractor's Dr000sal rnav be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website- htti)://www.dhs.gov]E-Veri . 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 seq. 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 equ�pment 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 Contractof 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, withoit 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 41 ConstfLti�flon ServIces Agreement' Revined 01,28,21 [V10) 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) falls to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace Such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy: or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) Makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (110) 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. Allmoneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct arid 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 Servites Agreement; Revised 01.26,21 (00) 0 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all surns paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith underthe 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 @rising 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. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30� days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (il) 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 Contractors 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 four -teen (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 ali 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: Revised 0 1,2a.21 (VI 0) 0 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 accordancewith 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 Construction services Agreement' Revised 01.28,21 (00) 9 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, TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work. whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project 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. 223 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, 22A If any WorR 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. 22.13 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. 46 Construction Services Agreerneni, Revised 01.28.21 �Vlo) J 1 10% 0 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 attributabie to such uncovering, exposure, observation, inspection, testing and reconstruction, 23.3 Ifany 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 falls 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 Constructlon Setvicas Agreement: Raylsed 0 1.28.21 (V1 C) 0 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 Contractors representative at the Project site and shall have author�ty 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 5.6, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 252 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) 9 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 falls 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: 28.11,11 All employees on or about the project site and other persons andlor organizations who may be affected thereby; 281.2 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 ConslfMflan Services Agreement: Revised 01,26,21 (v1 0) 9 damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 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, 28A Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind- 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5,2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day� 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 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 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; 49 construction Services Agreement: Revised 01.28.21 (0 0) 9 28,57 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-constrUGtiOn conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedu�es 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 arid 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 state roadways. These projects shall also comply with Co0ier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copier, are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov,neVpurchasing. 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 Construrtion ServIces Agreement: RevIsed 01.28.21 (00) e 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 ,Iqualified" 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 ConSlfoajOn 80FViQCG Agreement Revis&d MIMI (v1 0) 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. Fufter, 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 (Ile 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 rooting) 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 surn are limited exclusively to its actual costs for such changes plus no more than 100/c for overhead and profit. 52 Construction ServIces Agreement: Revised 01,28.21 (0 0) 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, 341.1 Subcontracts and Purchase Orders 34,11,2 Subcontractor Licenses 34.1 �3 Shop Drawing Submittal/Approval Logs 34.1 A Equipment PurchaselDelivery 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 34.1.14 Cost -Estimates 34,1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34A.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Perm�ts 34.1-20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1,23 "As -Built" Marked Prints 34.124 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 Consiruclion services Agreement Revised D1,28.21 (00) IC 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. ST7�*1411;JklVA 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-FMOPSC@collier�clov.net) whenever an employee assigned to CollierCounty separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and 54 Qorislructlaii ServIcer, Agreernont: Revised 01,28.21 (vl 0) (9 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. 38,11 The contractor shall ensure compliance with all NFPA regulations, specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780� 376 & 403 Florida Statutes; and STI, ULI PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38�2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, ]EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. DI&i0il =1111110 **] 11.111 d W k1. I 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 thisAgreement, 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 fall to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 55 Constructlon Services Agreement; Revised 01.28.21 (00) 00 EXHIBITI, SUPPLEMENTAL TERMS AND CONDITIONS @'N/All 56 oonstructlon Services AgTooment' Revised 01.28.21 (Vlo) 0