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Agenda 12/13/2022 Item #16A21 (Payment Application - Cougar Contracting LLC)12/13/2022 EXECUTIVE SUMMARY Recommendation to authorize payment of outstanding invoice for final Payment Application No. 12 for work performed under Agreement No. 20-7820, by Cougar Contracting, LLC, to construct Triangle Boulevard Transportation Operational Improvements (Project # 60215), and assess $74,791.00 (29 days @ $2,579.00 per day) in liquidated damages and waiving 14 days. OBJECTIVE: To obtain authorization to process payment for final Pay Application No. 12 submitted by Cougar Contracting, LLC and assess $74,791.00 (29 days @ $2,579.00 per day) in liquidated damages and waiving 14 days. CONSIDERATIONS: On February 23, 2021, the Board approved Agenda Item 11.I., the award of Agreement No. 20-7820 “Triangle Blvd Transportation Operational Improvements,” to Cougar Contracting, LLC, in the amount of $3,395,000. This Executive Summary contains several recommendations by staff to facilitate payment, as more specifically discussed below. The Board approved the agreement with an established 335 days for the Contractor to reach Substantial Completion and 30 days for Final Completion and the ability to assess liquidated damages in the amount of $2,579.00 for each calendar day thereafter until Substantial Completion is achieved. Staff issued a Notice to Proceed designating March 6, 2022 as the Substantial Completion date and April 5, 2022 as the Final Completion. On March 15, 2022, Staff agreed to add 13 days to the contract time for holidays (10) and weather delays (3) and a Change Order #1 was processed. Change Order #1 was administratively approved on March 23, 2022 per the Procurement Ordinance, Section Nineteen, Contract Administration, Section 19, subsection 3b, and subsequently approved by the Board on April 1, 2022. Substantial Completion was met on April 18, 2022, and Final Completion on July 07, 2022. The Contractor did not meet the original March 6, 2022 Substantial Completion due to the construction not being completed on multiple line items in the contract required to complete the project. Staff d oes not believe there is any basis that would warrant an assessment of liquidated damages beyond 29 days. Staff requests approval to assess liquidated damages, per Section 5, subsection B of the agreement, at $74,791.00 (29 days @ $2,579.00 per day) and waiving 14 days. Cougar Contracting, LLC, a local company, has been in business since 2017 and satisfactorily has completed the project under the Agreement. FISCAL IMPACT: The final Payment Application No. 12 is $152,290.73, with a reduction due to li quidated damages in the amount of $74,791.00, the net fiscal impact is $77,499.73. Funding for this payment application is available within the Infrastructure Sales Tax Fund (318) under the Triangle Blvd project (60215). LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. My understanding is that there was a change order issued after the substantial completion date that added additional work to the project as well as an additional 13 days to do so. Best practice would have been to take this Change Order to the Board, noting the issue with the substantial completion date. Staff is of the opinion that it was their intent to add 13 days to the substantial completion date, and as a matter of fairness the contractor’s liquidated damage s be calculated to reflect this. With that noted, this item is approved as to form and legality, and requires majority vote for approval. - JAK GROWTH MANAGEMENT IMPACT: There is no impact to the current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: Recommendation to approve to authorize payment of outstanding invoice for final Payment Application No. 12 for work performed under Agreement No. 20-7820, by Cougar Contracting, LLC to construct Triangle Boulevard Transportation Operational Improvements (Project # 60215) and assess $74,791.00 (29 days @ $2,579.00 per day) in liquidated damages and waiving 14 days. 16.A.21 Packet Pg. 794 12/13/2022 Prepared By: Shannon Bassett, Senior Field Inspector, Transportation Engineering ATTACHMENT(S) 1. CO #1 Cougar 60215 (PDF) 2. Pay App#12-FINAL Mar 2022 Triangle Blvd Transp Improv Revised#2 (PDF) 3. Substantial Completion - Triangle (PDF) 4. [Linked] 20-7820 CougarContracting_Contract. (PDF) 16.A.21 Packet Pg. 795 12/13/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.21 Doc ID: 23857 Item Summary: Recommendation to authorize payment of outstanding invoice for final Payment Application No. 12 for work performed under Agreement No. 20-7820, by Cougar Contracting, LLC, to construct Triangle Boulevard Transportation Operational Improvements (Project # 60215), and assess $74,791.00 (29 days @ $2,579.00 per day) in liquidated damages and waiving 14 days. Meeting Date: 12/13/2022 Prepared by: Title: Inspector – Transportation Engineering Name: Shannon Bassett 11/14/2022 1:16 PM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 11/14/2022 1:16 PM Approved By: Review: Growth Management Department Jeanne Marcella Transportation Management Services Department Completed 11/16/2022 3:30 PM Procurement Services Ana Reynoso Additional Reviewer Completed 11/16/2022 3:46 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 11/17/2022 6:53 AM Transportation Engineering Matthew Thomas Additional Reviewer Completed 11/17/2022 2:24 PM Growth Management Operations Support Tara Castillo Additional Reviewer Completed 11/17/2022 3:52 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/18/2022 7:27 AM Procurement Services Sue Zimmerman Additional Reviewer Completed 11/18/2022 12:35 PM Procurement Services Sandra Herrera Additional Reviewer Completed 11/18/2022 3:01 PM Growth Management Department Trinity Scott Transportation Completed 11/21/2022 1:24 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/21/2022 2:03 PM County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Completed 11/21/2022 4:37 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 11/30/2022 10:07 AM Office of Management and Budget Christopher Johnson Additional Reviewer Completed 12/02/2022 10:28 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/06/2022 5:41 PM Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM 16.A.21 Packet Pg. 796 Revised: 01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Admin BCC Rpt BCC ES Contract Modification Work Order Modification Contract #: Change #: Purchase Order #: Project #: Contractor/Firm Name: Contract/Project: Project Manager Name: r: Division Name: Original Contract/Work Order Amount $ 3,395,000.00 2/23/21 11.I Original BCC Approval Date; Agenda Item # Current BCC Approved Amount $ 3,395,000.00 2/23/21 11.I Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount $ 3,395,000.00 4/5/2022 SAP Contract Expiration Date (Master) Dollar Amount of this Change 0.00% Total Change from Original Amount Revised Contract/Work Order Total $ 3,395,000.00 0.00% Change from Current BCC Approved Amount Cumulative Changes $ 0.00 0.00% Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date (Includes this change) # of Days Added Select Tasks Add new task(s) Delete task(s) Change task(s) Other Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Procurement Services Change Order Form 60215 Cougar Contracting, LLC 4500209833 20-7820 1 Triangle Blvd. Trans. Operational Improvements Transportation Engineering/ Growth Management Shannon Bassett 4/18/22 4/5/22 4/5/22 13 4/5/21 A. Additional Concrete Curb (520-1-10): 1. This change order will use allowance to pay $5,173.70 for changes to concrete curb due to existing conditions at the commercial property on Celeste Street 2. The change being requested was not included in the original contract because the existing curb and driveway were modified after the plans were complete and the contract was let for the project. 3. If this modification is not processed the new asphalt and concrete curb would not tie in with existing driveway and curb. B. Additional Brick Pavers (526-1-1): 1. This Change order will use allowance to pay $651.00 for additional brick pavers as measured in the field. 2. The change being requested was not included in the original contract because the contract quantity was an estimate. 3. If this modification is not processed the construction would be incomplete C. Additional Concrete Sidewalk (522-2): 1. This change order will use allowance to pay $4,824.10 for additional sidewalk construction required to bring the new and existing sidewalks into compliance with current A.D.A. standards. 2. The change being requested was not included in the original contract because the sidewalk tie in points were approximate. 3. If this modification is not processed the concrete sidewalks would not meet ADA standards. D. Additional Light Pole Relocation (715-511-140): 1. This change order will use allowance to pay $2,336.00 for additional light pole relocation deemed necessary in the field due to clearance issues with new sidewalk location. 2. The change being requested was not included in the original contract because the clearance issue was not known 3. If this modification is not processed the light pole would be in the new sidewalk E. Additional Optional Base Group 15 (245-7-15): 1. This change order will use allowance to pay $23,600.00 for changes to base quantity due to plan dimensions 2. The change being requested was not included in the original contract because the quantity of base area was an estimate 3. If this modification is not processed the new base area would be incomplete 16.A.21.a Packet Pg. 797 Attachment: CO #1 Cougar 60215 (23857 : 60215 Triangle Boulevard Transportation Operational Improvements) Revised: 01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Admin BCC Rpt BCC ES Prepared by: ___________________________________________________________________________ Date: ________________ (Robert White P.E., Sr. Field Inspector, Transportation Engineering) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: ___________________________________________________________________________ Date: ________________ (Andrew Schmitt, President,, Cougar Contracting, LLC) Approved by: ___________________________________________________________________________ Date: ________________ (Steve Ritter, Construction Manager, Transportation Engineering) Approved by: ___________________________________________________________________________ Date:________________ (Jay Ahmad P.E., Division Director, Transportation Engineering) Approved by: ___________________________________________________________________________ Date:________________ (Trinity Scott, Department Head, Transportation Management Services Department) Approved by: ___________________________________________________________________________ Date: ________________ (Sara Schneeberger, Procurement Strategist, Procurement Services) F. Switch Asphalt Types (334-1-12 & 337-7-22) & Switch Milling depth and area (327-70-1): 1. This Change order will use allowance to pay $8,807.76 for the substitution of FC-5 and SP-12.5 asphalt for SP-9.5 asphalt, and for changes to the depth and milling areas. These costs are associated with Work Directive #1. [ ($67,875.00) + $14,461.97 + $74,997.87 + ($24,900.00) + $12,927.74 = $9,612.57 ] 2. The change being requested was not included in the original contract because the substitution is being made at the direction of the FDOT 3. If this modification is not processed the FDOT would not accept the work G. Additional Concrete Curb (520-1-10): 1. This change order will use allowance to pay $4,485.00 for additional curb construction required to match existing conditions 2. The change being requested was not included in the original contract because the quantity was an estimate. 3. If this modification is not processed the construction would be incomplete H. Additional Detectable Warnings (527-2): 1. This change order will use allowance to pay $2,046.00 for additional detectable warnings 2. The change being requested was not included in the original contract because the quantity was an estimate 3. If this modification is not processed the ramps would not meet ADA specifications I. Additional Loop Assembly (660-2-102): 1. This change order will use allowance to pay $3,564.00 for additional loop assemblies 2. The change being requested was not included in the original contract because the quantity was an estimate 3. If this modification is not processed the traffic signals would not work properly without the loops installed J. Additional Loop Assembly (660-2-106): 1. This change order will use allowance to pay $4,545.00 for additional loop assemblies 2. The change being requested was not included in the original contract because the quantity was an estimate 3. If this modification is not processed the traffic signals would not work properly without the loops installed K. Additional Contract Days: 1. This change order will add 13 days to the contract time for holidays (10) and weather delays (3) 2. The change being requested was not included in the original contract because there is no work on holidays and weather delays cannot be predicted 3. If this modification is not processed the contractor would not receive fair time recompense for holidays and weather delay beyond the contractors control sing out of or relate ________________ Schmitt, President 3.14.2022 d by: d by: BCC Rpt 42 16.E.4.b Packet Pg. 1415 Attachment: 0412 Change Order Backup - FY22 (21842 : Procurement Services administrative reports)16.A.21.a Packet Pg. 798 Attachment: CO #1 Cougar 60215 (23857 : 60215 Triangle Boulevard Transportation Operational Improvements) Revised: 01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Admin BCC Rpt BCC ES Change Order Summary CO# AMD# Description COST TIME Justification Additive (+) Deductive (-) Days Added New Amount 1 Use of allowance & Add 13 days 13 378 Field adjustments to match existing conditions. Pay quantities based on field measurements. FDOT requested changes to work on US 41. Holidays & weather delays 16.A.21.a Packet Pg. 799 Attachment: CO #1 Cougar 60215 (23857 : 60215 Triangle Boulevard Transportation Operational Improvements) ITEMDESCRIPTION OF WORKPLAN UNIT UNIT INCREASE/ INCREASE/ QUANTITY COSTNO. QUANTITY PRICE (DECREASE) (DECREASE) TOTAL TOTALQUANTITY COST REVISED REVISEDGENERAL520-1-10CONCRETE CURB & GUTTER TYPE "F" 9,028 LF 19.00$ 272.3 5,173.70$ 9,300.3 176,705.70$ 526-1-1BRICK PAVERS611 SY 93.00$ 7 651.00$ 618.0 57,474.00$ 522-2CONCRETE SIDEWALK, 6" THICK1,718 SY 38.00$ 126.95 4,824.10$ 1,844.95 70,108.10$ 715ဨ511ဨ140LIGHT POLE COMP, F&I, SGL ARM SM, AL, 40' (RELOCATED)11 EA 2,336.00$ 1 2,336.00$ 12.028,032.00$ SECTION TOTAL 12,984.80$ FDOT US-41 ROADWAY IMPROVEMENTS245-7-15OPTIONAL BASE GROUP 15 (9" THICK)1,069 SY 59.00$ 400 23,600.00$ 1,469.0 86,671.00$ 334-1-12SPE ASPH. CONC. TYPE SP 9.5 (TRAFFIC D, 1.5"" THICK), RESURFACE543 TN 125.00$ (543)(67,875.00)$ 0.0-$ 334-1-12SPE ASPH. CONC. TYPE SP 12.5 (TRAFFIC D, 1.5"" THICK), RESURFACE0 TN 155.505$ 93 14,461.97$ 93.014,461.97$ 337-7-22SPE ASPH. CONC. TYPE FC-5 (0.75" THICK), RESURFACE0 TN 269.7765$ 278 74,997.87$ 278.0 74,997.87$ 327-70-1MILLING EXISTING PAVEMENT (1.5" THICK AVE.)4,980 SY 5.00$ (4980) (24,900.00)$ 0.0 -$ 327-70-1MILLING EXISTING PAVEMENT (0.75" THICK AVE.)0 SY 2.0895$ 6187 12,927.74$ 6,187.0 12,927.74$ 520-1-10CONCRETE CURB & GUTTER TYPE "F" 419 LF 23.00$ 195 4,485.00$ 614.0 14,122.00$ 527-2DETECTABLE WARNINGS12 SF 31.00$ 66 2,046.00$ 78.0 2,418.00$ SECTION TOTAL 39,743.57$ FDOT US-41 SIGNAL IMPROVEMENTS660-2-102LOOP ASSEMBLY (F & I) (TYPE B)3AS1,188.00$ 3 3,564.00$ 6 7,128.00$ 660-2-106LOOP ASSEMBLY (F & I) (TYPE F) (6' X 40')8AS1,515.00$ 3 4,545.00$ 11 16,665.00$ SECTION TOTAL 8,109.00$ OWNER ALLOWANCE$380,000.00PREVIOUS CO INCREASES/DECREASES$0.00INCREASE/DECREASE THIS CHANGE$60,837.37TOTAL REVISED ALLOWANCE$319,162.63CHANGE ORDER #1EXHIBIT "A"Triangle Blvd. Trans. Operational Improvements CC#6021516.A.21.aPacket Pg. 800Attachment: CO #1 Cougar 60215 (23857 : 60215 Triangle Boulevard Transportation Operational Transportation Engineering/G.M.D. WORK DIRECTIVE CHANGE CONTRACT # /PROJECT NAME: Triangle Blvd CHANGE # 1 DATE OF ISSUANCE: 2-18-2022 EFFECTIVE DATE: 2-18-2022 OWNER: Collier County Board of Commissioners PROJECT#: 60215 CONTRACTOR: Cougar Contracting ENGINEER/DESIGN PROFESSIONAL: Mark McCleary, PE You are directed to proceed promptly with the following change(s): Description: Going from 1 ½” mill and overlay with SP - 12.5 to ¾” mill and overlay with FC-5. Going from 1 ½” SP - 12.5 on the pavement widening to ¾” inch SP -9.5 on levelling and ¾” FC-5. The quantities will be measured in the field after the work has been completed. Purpose of Work Directive Change: Revision to be in compliance with current FDOT requirements as requested by FDOT. Attachments: If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract Price: Method of determining change in Contract Times: Unit Prices Contractor’s records Lump Sum Engineer’s record Other Other N/A Estimated increase (decrease) in Contract Price Estimated change in Contract Time: $ Increase or decrease by -0- calendar days. RECOMMENDED: AUTHORIZED: By: By: Engineer Owner’s Representative 16.A.21.a Packet Pg. 801 Attachment: CO #1 Cougar 60215 (23857 : 60215 Triangle Boulevard Transportation Operational Improvements) To:Contact:Collier County Boad Of Commissioners CO 1 - Triangle Blvd - FC-5 AdditionsProject Name:Bid Number:132242022 Fax:Naples, FL Address:2800 North Horseshore Drive Phone: Project Location:Triangle Blvd, Naples, FL Bid Date:2/23/2022 Addendum #:9 Thank You for Considering Cougar Companies. Total Price0DUNXSUnitItem DescriptionItem # Estimated Quantity FC-5 REQUIRED ON FDOT RD 01 93.00 TON $.$14,46.Superpave Asph. Conc. Type SP 12.5 Traffic D - 1.5" 02 278.00 TON $$74,99.8Friction Course Type FC-5 PG 76-22 - 0.75" 03 6,187.00 SY $.$12,9.0.75-1.0" Milling And Clean Up Total Price for aboYH Items:$102,3. Total Bid Price: $102,3. ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Buyer: Signature: Date of Acceptance: CONFIRMED: Cougar Contracting LLC Authorized Signature: 30:*UHJRU\+DDV JUHJ@cougarcompanies.com 2/23/2022 8:21:24 AM Page 1 of 1 6XE3ULFH 16.A.21.a Packet Pg. 802 Attachment: CO #1 Cougar 60215 (23857 : 60215 Triangle Boulevard Transportation Operational Improvements) Date of Acceptance J. Alex DeMarco Director of Operations Divisions of Southern Striping Solutions, LLC . 239.591.5903 office 239.351.6080 cell 239.280.0762 fax www.collierpave.com Directorr 16.A.21.a Packet Pg. 803 Attachment: CO #1 Cougar 60215 (23857 : 60215 Triangle Boulevard Transportation Operational Improvements) Change Order Request Date: 2/18/2022 Divisions of Southern Striping Solutions, LLC . 239.591.5903 office Project:70702*20-7820 Triangle Blvd. Improvemen 239.351.6080 cell Contractor: Cougar Contracting, LLC 239.280.0762 fax Location: Naples, FL - US 41 www.collierpave.com Scope: Pavement Design Changes to FC-5 CO #:2 Item No.Description Unit Quantity Unit Price Extension 334-1-12 SUPERPAVE ASPH. CONC. TYPE SP 12.5 (TRAFFIC D, 2.25" THICK), WIDENING TN 93 148.10$ 13,773.30$ 337-4-1 FRICTION COURSE ASPH. CONC. TYPE FC-5 PG 76-22 - .75"TN 278 256.93$ 71,426.54$ 327-70-1 MILLING EXISTING ASPHALT PAVEMENT (.75" AVG. DEPTH)SY 6,187 1.99$ 12,312.13$ TOTAL ADDED AMOUNT 97,511.97$ SUPERPAVE ASPH. CONC. TYPE SP 12.5 (TRAFFIC D, 2.25" THICK), WIDENING; Item has been added (Tonnage) to bring up turn lane and widening within .75" to accept FC-5. The original contract item of a total 181 TN pays for the other 1.5" FRICTION COURSE ASPH. CONC. TYPE FC-5 PG 76-22 - .75"; This change order item replaces the original contract item 334-1-12 SUPERPAVE ASPH. CONC. TYPE SP 12.5 (TRAFFIC D, 1.5" THICK), RESURFACE MILLING EXISTING ASPHALT PAVEMENT (.75" AVG. DEPTH) This change order item replaces the original contract item 327-70-1 MILLING EXISTING PAVEMENT (1.5" AVG. DEPTH) TERMS AND CONDITIONS x No Permits, Fee’s or Bond x No traffic control or devices x No Testing x No Q/C Plan or Services x No Fine Grade of sub-base x This Change Order is a per unit price - ALL QTYs for billing will be based on field measure x Price submitted is good for 30 days from date of proposal · Excludes all Asphalt over-runs due to yielding sub-grade or Base All terms and conditions of original contract apply 16.A.21.a Packet Pg. 804 Attachment: CO #1 Cougar 60215 (23857 : 60215 Triangle Boulevard Transportation Operational Improvements) 16.A.21.bPacket Pg. 805Attachment: Pay App#12-FINAL Mar 2022 Triangle Blvd Transp Improv Revised#2 (23857 : 60215 Triangle Boulevard Transportation Operational 16.A.21.bPacket Pg. 806Attachment: Pay App#12-FINAL Mar 2022 Triangle Blvd Transp Improv Revised#2 (23857 : 60215 Triangle Boulevard Transportation Operational 16.A.21.bPacket Pg. 807Attachment: Pay App#12-FINAL Mar 2022 Triangle Blvd Transp Improv Revised#2 (23857 : 60215 Triangle Boulevard Transportation Operational 16.A.21.bPacket Pg. 808Attachment: Pay App#12-FINAL Mar 2022 Triangle Blvd Transp Improv Revised#2 (23857 : 60215 Triangle Boulevard Transportation Operational 16.A.21.bPacket Pg. 809Attachment: Pay App#12-FINAL Mar 2022 Triangle Blvd Transp Improv Revised#2 (23857 : 60215 Triangle Boulevard Transportation Operational 16.A.21.bPacket Pg. 810Attachment: Pay App#12-FINAL Mar 2022 Triangle Blvd Transp Improv Revised#2 (23857 : 60215 Triangle Boulevard Transportation Operational 16.A.21.bPacket Pg. 811Attachment: Pay App#12-FINAL Mar 2022 Triangle Blvd Transp Improv Revised#2 (23857 : 60215 Triangle Boulevard Transportation Operational 16.A.21.bPacket Pg. 812Attachment: Pay App#12-FINAL Mar 2022 Triangle Blvd Transp Improv Revised#2 (23857 : 60215 Triangle Boulevard Transportation Operational 16.A.21.bPacket Pg. 813Attachment: Pay App#12-FINAL Mar 2022 Triangle Blvd Transp Improv Revised#2 (23857 : 60215 Triangle Boulevard Transportation Operational 16.A.21.bPacket Pg. 814Attachment: Pay App#12-FINAL Mar 2022 Triangle Blvd Transp Improv Revised#2 (23857 : 60215 Triangle Boulevard Transportation Operational 16.A.21.b Packet Pg. 815 Attachment: Pay App#12-FINAL Mar 2022 Triangle Blvd Transp Improv Revised#2 (23857 : 60215 Triangle 16.A.21.b Packet Pg. 816 Attachment: Pay App#12-FINAL Mar 2022 Triangle Blvd Transp Improv Revised#2 (23857 : 60215 Triangle 16.A.21.b Packet Pg. 817 Attachment: Pay App#12-FINAL Mar 2022 Triangle Blvd Transp Improv Revised#2 (23857 : 60215 Triangle 16.A.21.b Packet Pg. 818 Attachment: Pay App#12-FINAL Mar 2022 Triangle Blvd Transp Improv Revised#2 (23857 : 60215 Triangle 16.A.21.c Packet Pg. 819 Attachment: Substantial Completion - Triangle (23857 : 60215 Triangle Boulevard Transportation Operational Improvements) 16.A.21.c Packet Pg. 820 Attachment: Substantial Completion - Triangle (23857 : 60215 Triangle Boulevard Transportation Operational Improvements) CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Cougar Contracting, LLC ("Contractor") of 5420 Division Drive, Ft. Myers, FL 33905, a Florida Limited Liability Company, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Triangle Blvd Transportation Operational Improvements, Invitation to Bid No. 20-7820 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Collier County Transportation Engineering Division, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Three Million Three Hundred Ninety-Five Thousand Dollars ($3,395,000.00). Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/ c570.html#certified. Should the Contract Amount be less Construction Services Agreement:Revised 12-13-20(v8) 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 Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within three hundred thirty-five (335) calendar days from the Commencement Date herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department 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 fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Two Thousand Five Hundred Seventy-Nine Dollars ($2,579.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty,which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday 2 Construction Services Agreement:Revised 12-13-20(v8) 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 #20-7820 "Triangle Blvd Transportation Operational Improvements". 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 n Not Applicable Exhibit B-2: Performance Bond Forms Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 Construction Services Agreement: Revised 12- 13-20(v8) Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I:Supplemental Terms and Conditions 171 Applicable Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #20-7820 "Triangle Blvd Transportation Operational Improvements". The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. nExhibit J: Technical Specifications Exhibit K: Permits nExhibit L: Standard Details Exhibit M: Plans and Specifications prepared by: Collier County Transportation Engineering Division Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Transportation Engineering Division 2885 Horseshoe Drive S Naples, FL 34104 Attn: Mark McCleary, Principal Project Manager Phone: (239) 252-8442 Email: Mark.McClearyAcolliercountyfl.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: Cougar Contracting, LLC 5420 Division Drive Ft. Myers, FL 33905 Attn: Andrew Schmitt, President Phone: (239) 275-0746 Email: Andrew(c cougarcontractingllc.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 12-13-20(v8) 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 CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Construction Services Agreement:Revised 12-13-20(v8) Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. 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. 6 Construction Services Agreement: Revised 12-13-20(v8) IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO • N ES: Cougar Contracting, LLC FI ITNESS eSe;Cd 4r-trislrepty By:2,....._ t Name 1,VO/f0lt) . -1, /T 1/g o2 l Print Name and Title Da e SECOND WITNESS I4Ntt M- Print Name Date: //e24 / ATTEST: OWNER: CrySal K. Kinzel, Clerk'of Courts BOARD OF COUNTY COMMISSIONERS Comptroller OF COL R UNTY FLORID tk ' '. &AWAL, t BY: C//1-418 Attest as to ChaittAan's Penny Taylor,Chairperson signature only, Appr d as to Form and Legality: iieLL—. County Attorney Print Name 7 % 6ConstructionServicesAgreement:Revised 12- 13-20(v8) r 4) EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE FOLLOWING THIS PAGE) 8 Construction Services Agreement:Revised 12-13-20(v8) CNO Solicitation N. 20.7620 Solicitation TIIW Triangle Blvd Transportation Operational Improvements Bld Due Data: December 1,2020 a 3:03 pm PRICE STREET B CELESTE DRIVE ROADWAY IMPROVEMENTS COLUER COUNTY PROJECT No.60215 REVISED BID SCHEDULE Addendum#9 BIDDER COUGAR CONTRACTING LLC ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT 10t-1 MOBILIZATION LS 1 1383,765.00 $383,785.00 _ 101.1.1 PROVIDE/MAINTAIN AS-BUILT PLANS LS 1 $8,670.00 $5,670.00 101.1.2 PROVIDE CONSTRUCTION SURVEYING AND LAYOUT LS 1 - 548,780.00 S48,780.00 702.1 MAINTENANCE OF TRAFFIC LS • 1 $183,000.00 5183,000.00 104.11 FLOATING TURBIDITY BARRIER LF 400 10.00 $ 4,000.00 104-13-1 STAKED SILT FENCE LF 9,294 2.00 $18,588.00 110.1-1 STANDARD CLEARING 8 GRUBBING LS 1 $130, 000.00 $130,000.00 110.410 REMOVAL OF EXISTING CONCRETE SY 3,678 23.00 584, 594.00 120.1 EXCAVATION CY 10,833 10.00 5108,330.00 120.E EMBANKMENT CY , 11,301 16.00 $180, 816.00 121.70 FLOWABLE FILL CY 91 285.00 $24,115.00 285-7.15 OPTIONAL BASE GROUP 15(0"THICK) 5Y 5,688 27.00 $153,036.00 327.70-1 MILLING EXISTING ASPHALT PAVEMENT(1.5'AVG.DEPTH( SY 17.421 2.00 $ 34,842.00 314-1.13 SUPERPAVE ASPH.CONC.TYPE SP 9.5(TRAFFIC C.1.5"THICK,(INCLUDES RESURFACE) TN 1.645 5115.00 $212,175.00 334.1-13 SUPERPAVE ASPH.CONC.TYPE SP 12.5(TRAFFIC C,15"THICK)(INCLUDES OVERBUILD) TN 405 140.00 $ 56,700.30 425.11-1 MODIFY EXIST.DRAINAGE STRUCTURE(INLET TOP ONLY) EA S $1,639.00 58,195.00 425.1.36-3 INLET,CURB TYPE P.R.(.101(INCLUDES CONCRETE RISER) EA 6 $5,429.00 $ 32,574.00 425.2-71 MANHOLES TYPE T-7,PARTIAL(TOP ONLY)(INCLUDES RISER) EA 4 $3,366.00 813,464.00 425-1-71 GUTTER INLET TYPE"V"(TOP ONLY) EA 1 3,513.00 $3,513.00 430-174-215 PIPE CULVERT OPTIONAL MATERIAL ELLIPUARCH,12"X18'S/CD LF 284 76.00 $21,584.00 425-6 ADJUST VALVE BOXES(WATER 8 SEWER) EA 10 831.00 36,310.00 520-1-7 CONCRETE CURB 8 GUTTER TYPE"0" LF 333 528.00 $9,324.00 520.1-10 CONCRETE CURB 8 GUTTER TYPE"F" LF 9,028 19.00 $171,532.00 520-2-4 CONCRETE CURB&GUTTER TYPE"CY"LF 207 18.00 53,728.00 520.2-8 CONCRETE CURB&GUTTER TYPE"RA"LF 274 20.00 $5,480.00 520-3 CONCRETE VALLEY GUTTER LF 248 35.00 $8,680.00 520.5-41 CONCRETE TRAFFICE SPEPERATOR,WIDTH VARIES SY 94 83.00 $7,802,00 528-1-1 BRICK PAVERS SY 611 93.00 556,823.00 522.2 CONCRETE SIDEWALK,8"THICK SY 1,718 36.00 $85,284.00 527-2 DETECTABLE WARNINGS SF 600 24.00 $14,4013.00 510-1-2 PERFORMANCE TURF,(BAHIA,PRICE STREET) SY 490 4.00 $1,980.00 570.1.11 PERFORMANCE TURF,(ST AUGUSTINE,TRIANGLE BLVD) SY 8,378 5.00 $31,890.00 700.1-11 SIGN,SINGLE POST AS 44 5215.00 $9,480.00 700-1.11(8BA) SIGN,SINGLE POST,(SPECIAL),(SBA],SLIP BASE ASSEMBLY AS 5 $1,338.00 $ 6,690.00 700.1.50 SIGN,SINGLE POST(RELOCATE) AS 2 134.00 $268.00 , 700-1-80 SIGN,SINGLE POST(REMOVE' AS 12 S11.00 $132.00 700.3- 101 SIGN,SINGLE POST(PANEL ONLY) EA 3 143.00 $429. 00 705.11-4 DELINEATOR,FLEXIBLE TUNULAR(2.375'X48").WHITE EA I 93.00 $93.00 706-3 REFLECTIVE PAVEMENT MARKERS EA 131 5.00 $655.00 710.12.22 PAINTED PAVEMENT MARKINGS(ISLAND NOSE,YELLOW' SF 34 4.00 $136.00 710.11-19 REFLECTIVE PAINTED(ISLAND NOSE)(WHITE) SF 18 4.00 372.00 710-11-29 REFLECTIVE PAINTED(ISLAND NOSE)(YELLOW) SY 4 30.00 $120.00 711-11-121 THERMOPLASTIC,STD,WHITE,SOLID,8' GM 1.60 $4,000.00 $6,400.00 711.11.122 THERMOPLASTIC,STO WHITE,SOLID,8' GM • 0.11 $5,200.00 $572.00 711-11.123 THERMOPLASTIC.STD,WHITE,SOLID,12" LF 2,091 52.00 54,102.00 711.11.124 'THERMOPLASTIC,STD WHITE,SOLID,16" LF 400 3.00 $1,200.00 711.11.125 THERMOPLASTIC,STD,WHITE,SOLID,24' LF 1,018 54. 00 S4.064.00 711.11.131 THERMOPLASTIC,STD-OP,WHITE,B'-10'SKIP,6" GM 0.18 52,000.00 $360 00 711-11.131 THERMOPLASTIC,STD-OP,WHITE,_10-30'SKIP,8" GM 0. 79 $1,500.00 $1,185.00 711-11.141 THERMOPLASTIC,STD-OP,WHITE,2'-4'SKIP,6'(GUIDELINE) GM 0.10 52,000,00 $200.00 711.11.144 THERMOPLASTIC,STD,WHITE,2.2'DOTTED EXTENSION LINE,12"(ROUNDABOUT) GM 0.06 53,000.00 $180.00 711-11-180 THERMOPLASTIC,PREFORMED,WHITE,MESSAGE EA 22 153.00 53.366.00 1 711.11-170 THERMOPLASTIC,PREFORMED,WHITE,ARROW EA 44 51.00 $2.244.00 711-11.201 THERMOPLASTIC,STD,YELLOW,SOLID,8" GM 1.52 54,000.00 S8.080 00 711-11.202 THERMOPLASTIC,STD,YELLOW,SOLID,8" GM 0. 09 $5,200.00 5468.00 711-11.224 THERMOPLASTIC,STD,YELLOW,SOU()16' GM 0. 02 $14,200.00 5284.00 711-11.231 THERMOPLASTIC,STD,YELLOW,8'-10'SKIP,8" GM 0.15 51,500.00 $225 00 711-11-241 THERMOPLASTIC,STD,YELLOW,2'-4'SKIP,6' (GUIDELINE) GM 0. 06 52,000.00 $120.00 715-1.13 LIGHTING CONDUCTORS,FBI,INSUL,NO.4-2 LF 2,714 3.00 58,142.00 715-500-1 POLE CABLE DIST SYS,CONVENTIONAL EA 11 510.00 $5,610.00 715-511.140 LIGHT POLE COMP,FBI,SGL ARM SM,AL,40'(RELOCATED) EA 11 $2,336.00 $25,696.00 711.17 REMOVE EXISTING PAVEMENT MARKINGS LS 1.00 52,722.00 $2.722.00 737-70.1 UTILITY LOCATE,UNDERGROUND EA 25. 00 $251.00 $6,275.00 CC-9998 FIRE HYDRANT ASSEMBLY RELOCATION LS 1.00 33,587,00 $3,587.00 CC-9999A LANDSCAPE AND IRRAGATION REMEDIATION SY 1444.00 $137.00 $197,028.00 CC-9999B LANDSCAPE 6"IRRIGATION LINE LF 1500.00 $19.00 528. 500.00 SUE TOTAL ROADWAY IMPROVEMENTS 2,420,477.00 ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT 161-1MOBILIZAYION LS I $7,449.00 $7.449.00 102-1 MAINTENANCE OF TRAFFIC LS 1 $23,000.00 $23,000.00 110.1. 1 STANDARD CLEARING 8 GRUBBING LS 1 $20,840.00 828.640 00 1201 EXCAVATION CY 1,582 $16,00 $25,312.00 120-8 EMBANKMENT CY 27 $51.00 $1,377.00 180.4 TYPE"B'STABILIZATION SY 1,238 $10.00 312360.00 245.7.15 OPTIONAL BASE GROUP 15(9•THICK) SY 1,069 $59.00 $63,071.00 327.70-1 MILLING EXISTING PAVEMENT(1.5"THICK AVE.) SY 4,980 55.00 $24,900.00 334.1.12 SUPERPAVE ASPH.CONC.TYPE SP 9 5(TRAFFIC D.1.8""THICK),RESURFACE TN 543 $125.00 567,675.00 334-1-12 SUPERPAVE ASPH.CONC.TYPE SP 12.5(TRAFFIC D,3"THICK),WIDENING TN 101 $135.00 524,435.00 339-1 MISCELLANEOUS ASPHALT TN 2 $440.00 $880.00 425-8 ADJUST VALVE BOXES(FM)EA 1 $1,293.00 $1,293.00 520.1.10 CONCRETE CURB&GUTTER TYPE"F' LF 419 1 523.00 $9,837.00 520-5-41 CONCRETE TRAFFICS SPEPERATOR SY 421 $57.00 $23.997.00 528-1. 1 BRICK PAVERS SY 12 $93.00 51,116.00 527-2 DETECTABLE WARNINGS 5F 12 $31.00 $372.00 536-1-1 GUARDRAIL LF 8 $57.00 $342.00 538-2 GUARDRAIL-SHOP BENT PANELS LF 39 538.00 51,402.00 536.73 GUARDRAIL REMOVAL LF 39 , $6.00 234.00 538-85.22 GUARDRAIL END ANCHORAGE ASSEMBLY(ROUND END SECTION) EA 1 $3,232.00 - $3,232.00 570.1-2 PERFORMANCE TURF.SOD SY 377 - $5.00 $1,88s.00 70501.4 DELINEATOR,FLEXIBLE TUBULAR(2.375"X481 WHITE EA 2 $773.00 51,548.00 706-3 REFLECTIVE PAVEMENT MARKINGS EA 48 $4.00 102.00 , 700.20.11 SIGN,SINGLE POST EA 1 $352.00 $352.00 700.20.60 SIGN,SINGLE POST(REMOVE) EA 2 $11 00 22.00 , 710.11-2 PAINTED(ISLAND NOSE)(YELLOW) SY I 530.00 30,00 Prepared by Transportation Operations Department 12/212020 711.11.121 TRAFFIC STRIPE,SOLID,THERMOPLASTIC 16'WHITE) LF 1,313 $1.00 $1,313.00 711-11-122 TRAFFIC STRIPE,SOLID,THERMOPLASTIC(8"WHITE) LF 602 $1.00 002.00 711.11.123 TRAFFIC STRIPE,SOLID,THERMOPLASTIC(12"WHITE) LF 936 $2.00 $1,672.00 711-11.126 TRAFFIC STRIPE,SOLID,THERMOPLASTIC(24'WHITE) LP 242 14.00 966.00 711-11-131 TRAFFIC STRIPE,SKIP(10'30),THERMOPLASTIC(6'WHITE) LF 196 $1,00 196.00 711.11-141 TRAFFIC STRIPE,DOTTED(2'4),GUIDELINE,THERMOPLASTIC 16"WHITE)GM 0.090 $2,000.00 $180.00 711.11.160 PAVEMENT MESSAGES EA 0 $235.00 61,410.00 711.11-170 DIRECTIONAL ARROWS(THERMOPLASTIC) EA 15 $51.00 3765.00 711.11.221 TRAFFIC STRIPE,SOLID,THERMOPLASTIC(6'YELLOW) LF 907 $1.00 907.00 711.11-241 TRAFFIC STRIPE DOTTED(2'-4'),GUIDELINE,THERMOPLASTIC(6'YELLOW)GM 0.109 $2,000.00 I 216.00 CC-10000 LANDSCAPE IRRIGATION REMEDIATION LS 1 555,663.00 $55,683.00 SUBTOTAL MOT US41 ROADWAY IMPROVEMENTS 3389,145.00 ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT 101.1 MOBILIZATION LS I $7.903.00 57,903.00 630-2-I I CONDUIT,(F A I),(OPEN TRENCH) LF 235 56.00 $1,410.00 63u-2-12 CONDUIT,(F A II,(DIRECTIONAL BORE),(3 INCH)LF 430 $53.00 622,790.00 632.7.1 SIGNAL CABLE,(F del),(RECONSTRUCTED INTERSECTION) El I 35.930.00 $5,930.00 635.2.11 PULL BOX,(F R I),(17"X 30'COVER SIZE) EA 18 5752.00 $13.536.60 635-2-10 PULL BOX,(RELOCATE),(24"X 36'COVER SIZE) EA I $1,014.06 $1,014.00 646-1.11 ALUMINUM SIGNAL POLE(F A I)(PEDESTAL) EA 8 $1,733,00 $13,664.00 646-160 ALUMINUM SIGNAL POLE(REMOVE)EA 3 S349.00 $1,047.00 630.1-14 TRAFFIC SIGNAL(F&0 M3)(1 WAY)(ALUMINUM)AS 21 61,411.00 629,757.00 630.160 TRAFFIC SIGNAL(REMOVE) AS IS I153.00 $1,836.00 653.1.11 PEDESTRIAN SIGNAL(F&0(LED COUNTDOWNJI WAY) AS 8 $1,025.00 $6,200.00 653-160 PEDESTRIAN SIGNAL(REMOVE) AS I 6229.00 $229.00 660.1.109 LOOP DETECFOR,INDUCTIVE(F R I)(TYPE 9,1 CH.SS,RM) EA 8 3774.00 $6,102,00 640.2-102 LOOP ASSEMBLY(F&I)(TYPE 0) AS 3 $1,188.00 53,564.00 660.2-106 LOOP ASSEMBLY(P A I)(TYPE F)(6'X 40') AS 6 91,515.00 $12,120.00 6603-I1 VEHICLE DETECTION(FA.I)(RADAR)(CABLNET) EA I $15,042.00 815,042.00 660.3-12 VEHICLE DETECTION(FAI)(RADAR)(ABOVE GROUND) EA 2 $13,843.00 $27,686.00 663.1.500 VEHICLE PRIORITY(ADJUST/MODIFY)(EMERGENCY PREEMPTION) EA 4 $818.00 $3,272.00 665.1.11 PEDESTRIAN DETECTOR(F&II(STANDARD) EA 8 6327.00 $2,618.00 665-160 PEDESTRIAN DETECTOR(REMOVE) EA I $76.00 76.00 670-5400 TRAFFIC CONTROLLER ASSEMBLY(MODIFY) AS I $4,142.00 $4,142.00 700.3-21 INTERNALLY ILLUMINATED SIGN(F A I)(OVERHEAD) EA 4 $5,406.00 $21,824.00 7(0-560 INTERNALLY ILLUMINATED SIGN(REMOVE I(OVERHEAD/ EA 4 S382 00 31,526.00 SUBTOTAL FDOT US4I SIGNAL IMPROVEMENTS 5205,378.00 CC-1000 OWNER'S ALLOWANCE TAM 1 3380,000.00 5380A00.00 BID TOTAL.TRADEWORK TOTAL OWNER'S ALLOWANCE 13,315,000.00 Prepared by:Transportation Operations Department 12/2/2020 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM FOLLOWING THIS PAGE) 9 Construction Services Agreement:Revised 12-13-20(v8) 0 Email: Cynthia.McCarma@colliereountyil.gov Administrative Services Division Telephone:(239)252-8992 Procurement Services Addendum 1 Date: October 21,2020 From: Cynthia McCanna,Procurement Strategist To: Interested Bidders Subject:Addendum# 1 Solicitation#20-7820 Triangle Blvd Transportation Operational Improvements The following clarifications are issued as an addendum identifying the following clarification to the scope of work,changes,deletions,or additions to the original solicitation document for the referenced solicitation: Change 1. Updated Exhibit M Plans Int Imp: 20 ?o2n c..t;t it M of r RI n At! f E B VD INT rn rn n 29 mn 20-7820-Exhibit M-Plans-TRIANGLE BLVD INT IMP 10-21-2020 Addendum 1 If you require additional information,please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Pleas• t elow ; ' return a copy of this Addendum with your submittal for the above refe enced so;- v o. 00/ 10/21/2020 Si es tur- Date Cougar Contracting LLC Name of Firm) C r County Email: Cynthia.McCanna@colliercountyfl.gov Administrative Services Division Telephone: 239.252.8992 Procurement Services ADDENDUM#2 Date: October 27,2020 From: Cynthia McCanna,Procurement Strategist To: Interested Bidders Subject:Addendum#2—20-7820 Triangle Blvd Transportation Operational Improvements This Addenda has been issued for the following items identifying clarifications, changes,deletions, and/or additions to the scope of work,solicitation documents and/or bid schedule for the above referenced solicitation: ADDITION: The Minutes and Sign-In sheet from the October 27,2020 Pre-Bid Meeting has been posted to BidSync: 20-7820 Pre-Bid Meeting Minutes 20-7820 Pre-Bid Meeting Sing-In Sheets If you require additional information please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Please sign bel w and return a copy of this Addendum with your submittal for the above refere a solic' n. 10/29/2020 Signa Date Cougar Contracting LLC Name of Firm) ID CUter County Email: Cynthia.McCanna(@colliercountyfl.gov Administrative Services Division Telephone: (239)252 - 8992 Procurement Services Addendum 3 Date: November 12, 2020 From: Cynthia McCanna,Procurement Strategist To: Interested Bidders Subject:Addendum #3 Solicitation#20-7820 Triangle Blvd Transportation Operational Improvements The following clarifications are issued as an addendum identifying the following clarification to the scope of work,changes,deletions,or additions to the original solicitation document for the referenced solicitation: Change 1. Updated Exhibit M Plans Int Imp 20-7820 Lx1 hit M o1...,.. 'rRIANCI e 20-7820—Addendum 3-Exhibit M—TRIANGLE BLVD Change 2. Adding Exhibit M—US 414Price Adding Exhibit M—US 41(0Price LAIRR 11-10-2020 LAIRR Change 3. Revised Bid Schedule 20 7820 TRIANGLE BLVD BID SCHEDULE 9 29 2020 20-7820—Addendum 3-TRIANGLE BLVD -BID SCHEDULE 11-4-2020 Change 4. Extend Q&A r act Day for meet:,.,:Novcmbc-c 2) n_t 5:nn Pnn Updated Last Day for Questions:November 17,2020 5:00 PM EST Questionc ea by.lik vembcr 10 2020 Updated Answers Deadline:November 19,2020 If you require additional information,please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Please s' e and return a copy of this Addendum with your submittal for the above refere s 'cite 'on. 11/12/2020 Si e Date Cougar Contracting LLC Name of Firm CAS) Email: Cynthia.mccanna@,colliercountyfl.gov Telephone: (239)252- 8992 Addendum 4 Date: November 12, 2020 From: Cynthia McCanna,Procurement Strategist To: Interested Bidders Subject:Addendum #4 Solicitation#7820 Triangle Blvd Transportation Operational Improvements The following clarifications are issued as an addendum identifying the following clarification to the scope of work,changes,deletions,or additions to the original solicitation document for the referenced solicitation: Change 1. DUE DATE: November 24,2020 3:00 PM EST If you require additional information,please post a question on our Bid Sync(www.bidsymc.com) bidding platform under the solicitation for this project. Please gn belo' : 1 d return a copy of this Addendum with your submittal for the above refer 1 so to 'on. 11/12/2020 Sit.. .. Date Cougar Contracting LLC Name of Firm) CEO Co ler C.nmtty Email: Cynthia.McCanna(aicolliercountyfl.gov Administrative Services Division Telephone: (239) 252- 8992 Procurement Services Addendum 5 Date: November 13,2020 From: Cynthia McCanna,Procurement Strategist To: Interested Bidders Subject:Addendum # 5 Solicitation#20-7820 Triangle Blvd Transportation Operational Improvements The following clarifications are issued as an addendum identifying the following clarification to the scope of work,changes,deletions,or additions to the original solicitation document for the referenced solicitation: Change 1. Bid Schedule Content Remained "Triangle Blvd-Addendum 3-Bid Schedule 11-2-2020 MMc.xls the Same,Comments Removed If you require additional information,please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Ptea s' below and return a copy of this Addendum with your submittal for the above refernced lin Cation. 11/13/2020 Date Cougar Contracting LLC Name of Finn ler CO14110 Email:cynthia.mccaiuma(acolliercountyfl.gov Administrative Services Division Telephone:(239)252-8992 Procurement Services ADDENDUM#6 Date: 11-19-2020 From: Cynthia McCanna,Procurement Strategist To: Interested Bidders Subject:Addendum#6—Triangle Blvd- Solicitation 20-7820 This Addendum has been issued for the following items identifying clarifications,changes,deletions, and/or additions to the scope of work,solicitation documents and/or bid schedule for the above referenced solicitation: Updated Summary of Quantities and Bid Schedule on the FDOT Plans. Itcros Updated:334-1-12, 520-1-10,Removed Item:522-2 and Added Item:520-5-41. Updated Summary of Quantities and Bid Schedule on the Triangle Blvd Plans.Items Updated:334-1-13 and 715-500-1. Revised Documents: Exhibit M-Addendum 6-TRIANGLE BLVD 11-16-2020 Exhibit M-Addendum 6-FDOT-US 41 AT TRIANGLE BLVD 11-16-2020 Addendum 6-BID SCHEDULE 11-16-2020(MMc) If you require additional information please post a question on our Bid Sync(tivww.bidsvnc.com)bidding platform under the solicitation for this project. Please si d return a copy of this Addendum with your submittal for the above referen d s ' i do . 11/19/2020 Sign e _.....---"-Date Cougar Contracting LLC Name of Firm) SOP Tab 2-Appendix F-Template-Addendum-rev 02-14-20 i0 Y 0 Email: Cynthia.McCanna(dcolliercountyfl.gov Adminisiralive Setvices D Aon Telephone: (239)252 - 8992 Procurement Services Addendum 7 Date: November 23,2020 From: Cynthia McCanna,Procurement Strategist To: Interested Bidders Subject:Addendum # 7 Solicitation#20-7820 Triangle Blvd Transportation Operational Improvements The following clarifications are issued as an addendum identifying the following clarification to the scope of work,changes,deletions,or additions to the original solicitation document for the referenced solicitation: Change 1. Revised scheduled to close on Dec 1,2020 3:00:00 PM EST If you require additional information,please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Please 'at i o 'and return a copy of this Addendum with your submittal for the above refe • iced soli . : a t n. 11/23/2020 Sig.•, e Date Cougar Contracting LLC Name of Firm o 1er H EmaiLcynthia.mccanna@colliercouutyfl.gov Administrative Servi Telephone:(239) 252-8992 Procurement ServIces ADDENDUM#8 Date: 11-23-2020 From: Cynthia McCanna,Procurement Strategist To: Interested Bidders Subject:Addendum#8—Triangle Blvd-Solicitation 20-7820 This Addendum has been issued for the following items identifying clarifications,changes, deletions, and/or additions to the scope of work, solicitation documents and/or bid schedule for the above referenced solicitation: Updated Summary of Quantities and Bid Schedule on the FDOT Plans. Items Updated:354-1-12 Updated Summary of Quantifies and Bid Schedule on the Triangle Blvd Plans. Items Updated:287-7-15,327-70-1,334-1-13,711-11-231 and 711-11-241. Revised Documents: Exhibit M-Addendum 8 -TRIANGLE BLVD 11-23-2020 Exhibit M-Addendum 8 -FDOT-US 41 AT TRIANGLE BLVD 1.1-23-2020 Addendum 8-BID SCHEDULE 11-16-2020(MMc) If you require additional information please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Please end return a copy of this Addendum with your submittal for the above refere ced sol' 't 'on. 11/23/2020 Signs Date Cougar Contracting LLC Name of Finn) SOP Tab 2-Appendix F-Template-Addendum -rev 02- 14-20 Cier CiountyEmail: Cynthia.McCanna(2colliercountyfl.gov Administrative SeNces Division Telephone: (239)252- 8992 Procurement Services Addendum 9 Date: November 30,2020 From: Cynthia McCanna,Procurement Strategist To: Interested Bidders Subject:Addendum#9 Solicitation#20-7820"Triangle Blvd Transportation Operational Improvements The following clarifications are issued as an addendum identifying the following clarification to the scope of work,changes, deletions,or additions to the original solicitation document for the referenced solicitation: Change 1. Scribner's error only REVISED ern C!`l-ED ii c naa„a ,.,,u REVISED BID SCHEDULE Addendum#9 Change 2. Extend Due Date Due Date December 2,2020 3:00 PM If you require additional information,please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Plea lgn w and return a copy of this Addendum with your submittal for the above re need of cit tion. 11/30/2020 Date Cougar Contracting LLC Name of Firm Director,Procurement Services Division FORM 1-BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Triangle Blvd Transportation Operational Improvements BID NO.20-7820 Full Name of Bidder Cougar Cutting Inc. DBA Cougar Contracting LLC Main Business Address 5420 Division Drive. Ft. Myers, FL 33905 Place of Business 5420 Division Drive, Ft. Myers, FL 33905 Telephone No. 239-275-0746 Fax No. 239-275-9311 State Contractor's License# CGC1526372 State of Florida Certificate of Authority Document Number L1 70002 1 7083 Federal Tax Identification Number 65-0715104 DUNS# 106019397 CCR# Cage Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA hereinafter called the Owner) The undersigned,as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation;that it has carefully examined the location of the proposed Work,the proposed form of Agreement and all other Contract Documents and Bonds,and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents,to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract,and to do all other things required of the Contractor by the Contract Documents,and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points,and in the case where further decimal points are inadvertently provided,rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded,the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten(10)calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents.The bid security attached is to become the property of the Owner in the event the Agreement,Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth,as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages,will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the Construction Solicitation Doc rev 02-21-20 event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder 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 Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates,and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order,the undersigned proposes to commence work at the site within five(5)calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager,in writing,subsequently notifies the Contractor of a modified(later)commencement date.The undersigned further agrees to substantially complete all work covered by this Bid within(335)consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within (30) consecutive calendar days after Substantial Completion,computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signatur : Title: Presiden .._ Date: November 17, 2020 Construction Solicitation Doc rev 02-21-20 FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Triangle Blvd Transportation Operational Improvements Bid No,20-7820 Name Personnel Category Mike Stewart- General Site Superintendent Brent Harrison-General Utility Superintendent Construction Superintendent Glen Stasiak Project Manager Tony Weiler Construction Solicitation Doc rev 02-21-20 A FORM 3-MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber,timber and other forest products produced and manufactured in the State of Florida as long as the price,fitness and quality are equal. Exceptions(when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager,Bidder shall furnish the manufacturer named in the specification.Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A(Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm,I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Cougar ontr cting LLC Signature: Date: 11/17/2020 Section B(Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. Al/4 2. 3. 4. 5. Please insert additional pages as necessary. Company: Cougar Contracting LLC Signature: Date 11/17/2020 Construction Solicitation Doc rev 02-21-20 AO FORM 4-LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are"qualified"(as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders)and meet all legal requirements applicable to and necessitated by the Contract Documents,including,but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer.Further,the Owner may direct the Successful Bidder to remove/replace any Subcontractor,at no additional cost to Owner,which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents,the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical See attached list 2. Landscaping&Irrigation 3. Signage 4. Site Work&Paving 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: Cou &(Coat ctin LLC Signature: Date:11/17/2020 Construction Solicitation Doc rev 02-21-20 CONTRACTING LLC List of Major Subcontractors Trucking Triple J Trucking Of Southwest Florida, LLC 10060 Amberwood Road Ste.#2, Ft. Myers, FL 33913 Testing Universal/GFA 201 Waldo Avenue North, Lehigh Acres, Florida 33971 Survey Angle Right Surveying 12506 Twin Branch Acres Rd.,Tampa, FL 33626 Striping&Signage Traffic Control Products 4020 Edison Ave., Ft. Myers, FL 33916 Sod Hannula Landscaping, Inc. 17051 Jean Street, Unit 7, Fort Myers, FL 33967 Signal AIS American Infrastructure 11341 Lindbergh Blvd., Fort Myers, FL 33913 Prime Palmetto Prime Of Tampa, Inc. 5423 N 59TH ST.,TAMPA, FL 33610 Pavers Timo Brothers 8881 Terrene Ct., Suite 101, Bonita Springs, FL 34135 MOT Acme Barricades 9800 Normandy Blvd,Jacksonville, Florida 32221 Mob All In Hauling LLC 5420 Division Drive, Ft. Myers, FL 33905 Mill Blackrock Milling 1401 W. SWANN AVENUE,TAMPA, FL 33606 Landscape Hannula Landscaping, Inc. 17051 Jean Street, Unit 7, Fort Myers, FL 33967 Guardrail C. Slagter Construction P.O. Box 1154, Palm City, Florida 34991 1 CAO Erosion Kate's Enviromental Fencing, Inc. 3435 Quail Dr., Bonita Springs, FL 34134 Clearing White Tail Bobcat Services INC 2221 14th Ave NE, Naples, FL 34120 Asphalt Atlantic Southern Paving P.O. Box 15591, Fort Lauderdale, FL 33318 2 CA0 FORM 5-STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five (5)years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. Honda Ft. Myers Fort Myers H. Automotive Management project name)project owner) 3550 Colonial Blvd., Ft. Myers, FL 3031 North Rock Point Dr., Ste.770, Tampa, FL 33607 project location) Owner's address) Site work,fire line,weir,and underground utilities for 3 story dealership,9.08 acres. This included a ROW expansion onFDOT roadway and turn lane cut-in on county roadway, John Flinn, President,Morgan Construction Management Services project description) Owner's contact person)title) 11/2018-12/2019 2,748,885.53 727-638-5981 jflinn@morganautogroup.com project start/completion dates) (contract value) (phone)email) 2. Atwater- Veterans Plaza Hagefen, LLC project name) project owner) 200 greasertrap a 20273 Kenilworth Blvd., Pt. Charlotte, FL 7745 Wood Duck Dr., Boca Raton, FL Site work,fire Iitse, nd underground utilities for new fuel ( Owner's address) plaza and shopping center,3.32 Acres.This included two turn lanes.Jacob Huntoon, EnviroStruct LLC project description) Owner's contact person)title) 12/2018-07/2019 704,964.80 jacob@envirostruct.net project start/completion dates) (contract value) (phone)email) 3. Skyplex ROW Lee County Port Authority project name) project owner) Skyplex Blvd. & Daniels Pkwy., Ft. Myers, FL 11000 Terminal Access Rd., Ft. Myers, FL project location) Owner's address) Site work for ROW and median in relation to new roadway, 670 LF Robbie Powell, Wright Construction, Project Manager project description) Owner's contact person)title) 05/2018-08/2018 323,477.06 robbie.powell@wcgfl,com project start/completion dates) (contract value) (phone)email) Construction Solicitation Doc rev 02-21-20 FORM 5-STATEMENT OF EXPERIENCE OF BIDDER 4. Collier County Sports Complex Phase 1A&1 B Collier County Board of Commissioners project name) project owner) 3885 City Gate Blvd. S., Naples, FL 3299 Tamiami Trail East, Naples, FL project location) Owner's address) Site and underground utilities for new sports complex,including 2 lift David Stager stations,parking areas and roadways.Underground fire line for 5 buildings.85.83 Manhattan Construction Senior Project Manager Acres. project description) Owner's contact person)title) 06/2019-0612020 8,776,524.00 dsteger@manhattanconstruction.com project completion date) (contract value) (phone)email) 5. project name) project owner) project location) Owner's address) project description) Owner's contact person)title) project completion date) (contract value) (phone)email) 6. project name) project owner) project location) Owner's address) project description) Owner's contact person)title) project completion date) (contract value) (phone)email) Company: u r cti LLC Signature: ' Date:11/1 7/2020 Construction Solicitation Doc rev 02-21-20 FORM 6-TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act(90- 96,Laws of Florida)effective October 1, 1990.The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure Quantity) Cost Description) LF,SY) 1. ,v(w 2. 3. 4. 5. TOTAL $ Failure to complete the above may result in the Bid being declared non-responsive. Company: e tagar acting LLC Signature:Date: 11/17/202.0 Construction Solicitation Doc rev 02-21-20 FORM 7-BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Cougar Contracting, LLC herein after called the Principal) and The Hanover Insurance Company herein called the Surety), a corporation chartered and existing under the laws of the State of New Hampshire with its principal offices in the city of Worcester. MA and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Board of County Commissioners hereinafter called the Owner),in the full and just sum of Five Percent of Amount Bid-----------------dollars($ 5%amt bid good and lawful money of the United States of America,to be paid upon demand of the Owner,to which payment well and truly to be made,the Principal and the Surety bind themselves,their heirs,and executors,administrators,and assigns,jointly and severally and firmly by these presents. Whereas, the Principal is about to submit,or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install,and fully complete the Work on the Project known as Bid No. 20-7820 Triangle Blvd Transportation Operational Improvements. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid,and give such bond or bonds in an amount of 100%the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor,materials and supplies furnished in the prosecution thereof or,in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds,and deliver to Owner the required certificates of insurance,if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$5%amt bid noted above as liquidated damages,and not as a penalty,as provided in the Bidding Documents,then this obligation shall be null and void,otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 17th day of November 20 20 . Cougar Contracting,LLC Principal BY Seal) The Hanover In ance Company Surety Seal)• Kevin Wojtowicz,Attorney-in-fact and Countersigned N/A Florida Licensed Resident Agent Appointed Producing Agent for The Hanover Insurance Company CA() THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,(hereinafter individually and collectively the"Company")does hereby constitute and appoint, Kevin Wojtowicz and Laura D.Mosholder Of Nielson,Wojtowicz,Neu&Associates of St.Petersburg,FL and Nielson,Mosholder&Associates of Sanford,FL each individually,if there be more than one named,as its true and lawful attorney(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,any and all surety bonds,recognizances,undertakings,or other surety obligations.The execution of such surety bonds,recognizances,undertakings or surety obligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company,in their own proper persons.Provided however,that this power of attomey limits the acts of those named herein;and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States,not to exceed Twenty Five Million and No/100($25,000,000)In any single instance That this power Is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company,and said Resolutions remain In full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys-in-fact of the Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety, any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED:That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as If all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile. Adopted October 7,1981—The Hanover Insurance Company;Adopted April 14,1982—Massachusetts Bay Insurance Company;Adopted September 7,2001—Citizens Insurance Company of America) IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents,this 26" day of April,2018. Tha Hanover insure nco Company Massachusetts Ray Insurance Company The Ffaflover'nsura sots Company Citizens Insurance Com any of America 51r c'o"",t' Massachtmetts Bay Insure rKe Company a+. 27r4. Citizens,'flours nes Com pa fly of America 1{ c.fc C 2 i rMT Yam:: a7$ 3 t,•t n 1971 John C.&ache,EVP and President e JamesH.I{acciecki,Viee President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ss. On this 266 day of April,2018 before me came the above named Vice Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the Individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. OIANE J. MARINO y My. CoAenfo l,00 r . Dianc i , x>.Nonary Public t ay Cam,mssion F:zpires Match 4,2022 I,the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,hereby certify that the above and foregoing Is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies,at Worcester, Mosgachpsetts,this/7 'day of 17t,72,1/1—L_l Eu CERTIFIED COPY Ziede Theodore C.Martinez,Vice President.' AO FORM 8-INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project,if required,to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant,Subcontractors,agents and employees of each and all of them,all damages covered by property insurance provided herein,except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate,require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County",or,the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida,as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County.The Certificates 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 FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage,Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. CoverageI1 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 Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County,in a like manner,within twenty-four(24)hours after receipt,of any notices of expiration,cancellation,non- renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder,Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage required herein,the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage{ and charge the Vendor for such coveragejj purchased. If Vendor fails to reimburse the County for such costs within thirty(30)days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor.The County shall be under no obligation to purchase such insurance,nor shall it be responsible for the coverage purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverageL)shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s)of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s)shall be considered justification for the County to terminate any and all contracts. CAO Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers'Compensation coverage or a Certificate of Exemption issued by the State of Florida is required.Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption.An application for exemption can be obtained online at hlps,'z'aoip •lldf .ccxt two,out' 2. / Employer's Liability $_._1,000,004 single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form)patterned after the $ 1,000, 000_. single limit per occurrence,$2,000,000 aggregate for Bodily current ISO form injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. // Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend,indemnify and hold harmless Collier County,its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the Contractor/Vendor or anyone employed or utilized by the ContractorNendor in the performance of'this Agreement. 5. El Automobile Liability $_1,000,000 Each Occurrence; Bodily Injury & Property Damage. Owned/Non-owned/Hired;Automobile Included 6. Other insurance as Watercraft Per Occurrence noted: United States Longshoreman's and Harborworker's Act coverage shall he maintained where applicable to the completion of the work. Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Per Occurrence Pollution Per Occurrence Professional Liability $ Per claim&in the aggregate Project Professional Liability Per Occurrence Valuable Papers Insurance Per Occurrence Cyber Liability Per Occurrence Technology Errors&Omissions $ Per Occurrence CA() 7. Fj Bid bond Shall be submitted with proposal response in the form of certified funds,cashiers' check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ®Performance and For projects in excess of$200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award,and written for 100%of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus,all as reported in the most current Best Key Rating Guide,published by A.M.Best Company,Inc.of 75 Fulton Street,New York,New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance 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 Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County. The Certificates of Insurance must state the Contract Number,or Project Number,or specific Project description,or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East,Naples,FL 34112 13. ® Thirty(30)Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necess iy. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 10/2/20-CC Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six(6)months from the date of award. Colter County Administrative Services Department Procurement Services Division FORM 9-CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules—The firm has not set the"ground rules"for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement)which appears to skew the competition in favor of my firm. Impaired objectivity —The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals/past performance of itself or a competitor,which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate)with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit,the contractor/vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above- mentioned project;and, 2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non- public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified,may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below,the firm(employees,officers and/or agents)certifies,and hereby discloses,that,to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Colt ar C ntra • in LLC ompany Name Signature ndre mitt, President Print Name and Title State of Florida County of Lee The foregoing instrument was acknowledged before me by means of®physical presence or 0 online notarization, this 17th day of November (month), 2020 (year),by Andrew Schmitt name of person acknowledging). Signature lic-State of Florida) Print,Type,or Stamp Commissioned Name of Notary Public) Personally Known 44tilii•OPPriimitiMillifig.quvr Type of Identification Produced Y° JESSICA ARMSTRONG Notary Public-State of Florida p Commission N GG 939521 orrr7.71 My Comm.Expires Mar 17,20I4 Bonded through National Notary Assn. Goiter County Administrative Services Department Procurement Services Division FORM 10-VENDOR DECLARATION STATEMENT BOARD OF COUNTY COIVIIvIISSIONERS Collier County Government Complex Naples,Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith,without collusion or fraud. The Vendor hereby declares the instructions,purchase order terms and conditions,requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees,if this solicitation submittal is accepted,to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further,the vendor agrees that if awarded a contract for these goods and/or services,the vendor will not be eligible to compete,submit a proposal,be awarded,or perform as a sub- vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF,WE have hereunto subscribed our names on this 17th day of November ,2020 in the County of Lee in the State of Florida Firm's Legal Couaar Cuttina Inc. DBA Couaar Contracting LLC Name: Address: 5420 Division Drive City,State,Zip Ft. Myers, Fl 33905 Code: Florida L17000217083 Certificate of Authority Document Number Federal Tax 65-0715104 Identification Number CCR#or CAGE Code Only if Grant Funded Telephone: 239-275-0746 Email: Andr greats arContractingLLC,com Signature by: Typed and written) Title: Andrew Schmitt, President Additional Contact Information Send payments to: Cougar Contracting LLC required if different Company name used as payee from above) Contact name:Cossette Burgos Title: Accounting Address: 5420 Division Drive City, State,ZIP Ft. Myers, Fl 33905 Telephone: 239- 275-0746 Email: Cossette©CougarContractingLLC.com Office servicing Collier Same County to place orders required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email: Secondary Contact for Jessica Armstrong this Solicitation: Email: Jessica©CougarContractingLLC.com Phone: 239-275-0746 Colter County Administrative Services Department Procurement Services Division FORM 11-IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed,notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's bid or within five(5)day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR NON-RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers,constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A(e) of the NA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's bid. Cougar Contracting LLC Company Name Signature Andrew Sc sident Print Name and Title State of Florida County of Lee The foregoing instrument was acknowledged before me by means of® physical presence or 0 online notarization, this 17th day of November (month), 2020 (year),by Andrew Sc name of person acknowledging). Si otary Public-State of Florida) Jessica Armstrong Print,Type,or Stamp Commissioned Name of Notary Public) Personally Known 01111,,J.,,,.. JVbsiihmair minialirdibigawelmasalibarf Type of Identification Produced I 4irP'JESSICA ARMSTRONG IF' `I) Notary Public•State of Florida Commission#GG 939521f' or n. ` My Comm.Expires Mar 17,2t)2 Bonded through National Notary Assn. Q„, FORM 12-BIDDERS CHECKLIST IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents.Please read carefully,sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. X 2. The Bid prices offered have been reviewed. x 3. The price extensions and totals have been checked. C 4. Bid Schedule has been completed and attached. t.K 5. Any required drawings,descriptive literature,etc.have been included. lC 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed and accepted in BidSync: y a. Construction bid instructions form c b. Construction services agreement 7c c. Purchase order terms and conditions k 8. All of the following bid forms have been completed and signed: iC a. Bid Form(Form 1) n b. Contractors Key Personnel(Form 2) c. Material Manufacturers(Form 3) pc" d. List of Major Subcontractors(Form 4) e. Statement of Experience(Form 5) f. Trench Safety Act(Form 6) g. Bid Bond Form(Form 7) c h. Insurance and Bonding Requirements(Form 8) X i. Conflict of Interest Affidavit(Form 9) j. Vendor Declaration Statement(Form 10) A k. Immigration Law Affidavit Certification(Form 11)MUST be signed and attached with your submittal or you MAY be DEEMED NON-RESPONSIVE x I. Signed Grant Provisions and Assurances package in its entirety,if applicable,are executed and should be included with your submittal. All forms must be executed,or you MAY be DEEMED NON-RESPONSIVE. x9. Copies of required information have been attached x a. Business tax Receipt(Collier County Businesses Only) c b. Company's E-Verify profile page or memorandum of understanding X c. Certificate of Authority to Conduct Business in State of Florida(sunbiz.org) d. Any required professional licenses—valid and current(myfloridalicense.com) ie:General Contractors license,Underground Utility and Excavation,Builders, Trade Contractors,etc.,as applicable,requested and/or required.) 10. If required,the amount of Bid bond has been checked, and the Bid bond or cashier's check has been submitted. X11. Any addenda have been signed and acknowledgement form attached and included,or you MAY be DEEMED NON-RESPONSIVE. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time,otherwise the Bid cannot be considered. SU000252 AGOU,, Local Business Tax Receipt Tax Coltctor aeof0r Dear Business Owner: Your 2020-2021 Lee County Local Business Tax Receipt is attached below for account number 1803535. If there is a change in one of the following,refer to the instructions on the back of this receipt. Business name Ownership Physical location Business closed This is not a bill. Detach the bottom portion and display in a public location. I hope you have a successful year. Sincerely, 11'4V-1.14j- Lee County Tax Collector 2020 - 2021 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1803535 Account Expires: September 30, 2021 State License Number: CGC1526372 If state license has changed.contact our office at 239.533.6000 May engage in the business of: Location: GENERAL CONTRACTOR-CERTIFIED 5420 DIVSION DR FT MYERS FL 33905 THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY COUGAR CONTRACTING LLC SMITHERS LANCE ENMON Payment Information: 5420 DIVSION DR FT MYERS FL 33905 PAID 559418-72-1 07/27/2020 12:50 PM 50.00 E-VeriFy Company ID Number: 1244600 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security(DHS) and the Cougar Contracting, LLC (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor)to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and OHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers 1 Revision Date 06/01113 mil E-VerufyOt Company ID Number: 1244600 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept"List B"documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218, b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2)When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA)with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Ever fy e SA Company ID Number: 1244600 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11.The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(I)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 EVenlymu Company ID Number: 1244600 including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274E of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274E of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verifyadhs.gov. Please use"Privacy Incident— Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act(5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 EVenly Company ID Number: 1244600 reasonable notice,to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Vera R Company ID Number: 1244600 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06101113 E-Verify kti Company ID Number: 1244600 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act(42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3, SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888- 464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 08/01/13 E eiii,gloeriyMO, Company ID Number: 1244600 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures)confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 cc, E-Verifyl\A tlll Company ID Number: 1244600 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database(the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 4.26„,,,,,,ynr,.Rrs`'E r . , Company ID Number: 1244600 employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verlfy MOU for Employers I Revision Date 06/01/13 E-Verify frive-ne Company ID Number: 1244600 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, OHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and OHS responsibilities under this MOU may be performed by contractor(s), and SSA and OHS may adjust verification responsibilities between each other as necessary. By separate agreement with OHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 F4G_ eriE 4,...,ii, Company ID Number: 1244600 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G.The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verlfy MOU for Employers I Revision Date 06/01/13 rE_ver ry Company ID Number: 1244600 Approved by: Employer Cougar Contracting, LLC Name (Please Type or Print) Title Jessica Armstrong Signature Date Electronically Signed 11/03/2017 Department of Homeland Security—Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 12/06/2017 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 verify Company ID Number: 1244600 Information Required for the E-Verify Program Information relating to your Company: Cougar Contracting, LLC Company Name 5420 Division Drive Fort Myers, FL 33905 Company Facility Address 5420 Division Drive Fort Myers, FL 33905 Company Alternate Address County or Parish LEE Employer Identification Number 823270916 North American Industry 237 Classification Systems Code Parent Company Number of Employees 20 to 99 Number of Sites Verified for 1 Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 iNI ry Company ID Number: 1244600 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 yE-VeriFy Company ID Number: 1244600 Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name Andrew Schmitt Phone Number (239)275-0746 Fax Number Email Address andrew@cougarcontractingllc.com Name Jessica Armstrong Phone Number (239)275-0746 ext.219 Fax Number Email Address jessica@cougarcontractinglIc.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 yfRp E-VeriFy Company ID Number: 1244600 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Detail by Entity Name Page 1 of 2 Florida Department of State DIVISION OF CORPORATIONS o/ f r i r Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company COUGAR CONTRACTING, LLC Filing Information Document Number L17000217083 FEI/EIN Number 82-3270916 Date Filed 10/19/2017 State FL Status ACTIVE Principal Address 5420 DIVISION DRIVE FORT MYERS, FL 33905 Changed: 01/07/2020 Mailing Address 5420 DIVISION DRIVE FORT MYERS, FL 33905 Changed: 01/07/2020 Registered Agent Name&Address Schmitt, Ronald M 5420 DIVISION DRIVE FORT MYERS, FL 33905 Name Changed:01/07/2020 Address Changed: 01/07/2020 Authorized Person(s)Detail Name&Address Title MGR SCHMITT,ANDREW T 5420 DIVISION DRIVE FORT MYERS, FL 33905 Title MGR SCHMITT, RONALD M http://search.sunbiz.org/inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 12/29/2020 Detail by Entity Name Page 2 of 2 5420 DIVISION DRIVE FORT MYERS, FL 33905 Title P, S SCHMITT,ANDREW T 5420 DIVISION DRIVE FORT MYERS, FL 33905 Title VP, T SCHMITT, RONALD M 5420 DIVISION DRIVE FORT MYERS, FL 33905 Title VP Schmitt, Brandon 5420 DIVISION DRIVE FORT MYERS, FL 33905 Title CFO DIAL, DAWN 5420 DIVISION DRIVE FORT MYERS, FL 33905 Annual Reports Report Year Filed Date 2018 04/22/2018 2019 04/25/2019 2020 01/07/2020 Document Images 01/07/2020--ANNUAL REPORT View image in PDF format 04/ 25/2019--ANNUAL REPORT View image in PDF format 04/22/2018--ANNUAL REPORT View image in PDF format 10/19/2017--Florida Limited Liability Vies image in PDF format Donde Department of State,DN2lon of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDctail?inquirytype=Entit... 12/29/2020 sm.. c)-'50 73 Z MIN i F E Q al J u o v Q w a 10.1 W Q W W a Q m D 1- Z 1 s Z 0 Q 0 N o 14.1 LL V u O W ce M N -acz c zow C a " U. L1J t— Z w tV7 c 4 10 5- I Z rn d O w v LL" Z tti) = rx Q Z ( , co w.. a,0 < D w 1 p p o Lu t/) 0 CC Q UO ?w- m 0 0 f— W Z v < ce < W Z v a Z Z U W Z I- u T n Q O O O O u 0cu m V U Z X > 1- w Z w O a a) Lai 9 Ce u 2 0 w L..) = cri c n Q v_ o W F- c:e in b `. , m. y: si:, i El —42 El 1 lAtRequest for TaxpayerForm _9 Give Form to the Rev.October2018) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. COUGAR CONTRACTING, LLC 2 Business name/disregarded entity name,if different from above co 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to cr following seven boxes. certain entities,not individuals;see instructions on page 3}: o Individual/sole proprietor or 0 C Corporation S Corporation Partnership Trust/estate single-member LLC al o Exempt payee code(if any) t Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) 2 Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reportingyLLCiftheLLCIsclassifiedasasingle-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any)C C another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC thatdoisdisregardedfromtheownershouldchecktheappropriateboxforthetaxclassificationofitsowner.it Other(see instructions) Applies to accounts maintained outside rho U.S.) fn 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) 5420 DIVISION DRIVE co 6 City,state.and ZIP code FORT MYERS, FL 33905 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN,later. or Note:If the account is in more than one name,see the Instructions for line 1.Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. 8 2 - 3 2 7 0 9 1 6 Part II Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal 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 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends u are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Her Signature of Here u.s.person 0- Date IQ General Instructions Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise Form 1099-MISC(various types of income,prizes,awards,or grossnoted. proceeds) Future developments.For the latest information about developments Form 1099-B(stock or mutual fund sales and certain otherrelatedtoFormW-9 and Its instructions,such as legislation enacted transactions by brokers)after they were published,go to www.irs.gov/FormW9. Form 1099-S(proceeds from real estate transactions) Purpose of Form Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number Form 1099-C(canceled debt) SSN),individual taxpayer identification number(ITIN),adoption Form 1099-A(acquisition or abandonment of secured property)taxpayer identification number(ATIN),or employer identification number EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might Form 1099-INT(interest eamed or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Mike Stewart- General Site Superintendent Construction Superintendent Brent Harrison- General Utility Superintendent Construction Superintendent Glen Stasiak Project Manager Tony Weiler Project Manager 10 Construction Services Agreement:Revised 12-13-20(v8) one..__......_ .. ry NIELSON, WOJTOWICZ, NEU&ASSOCIATES A NIELSON HOOVER GROUP COMPANY January 8, 2021 Cougar Contracting, LLC 5420 Division Dr Fort Myers FL 33905 RE: The Board of Commissioners of Collier County Florida,as Obligee Triangle Blvd Transportation Operational Improvements, as Project, Bond No. 1085757 Dear Ladies and Gentlemen: Please supply us with the following information for the above captioned final bond: Executed Contract with Date: X This letter is also giving Cougar Contracting,LLC.,as Principal and/or The Board of Commissioners of Collier County Florida, 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 the bond or PRIOR to the execution date of the bonds. We will forward this information onto your surety company upon our receipt. Please return as soon as possible. Thank you for your cooperation. Sincerely, The Hanover Insurance Company Kevin Wojtowicz Attorney-in-Fact 1000 Central Avenue Suite 200 St.Petersburg,FL 33705 P:727.209.1803 F:727.209.1335 EXHIBIT B-1: PUBLIC PAYMENT BOND ITB# 20-7820 Bond No. 1085757 Contract No. ITB# 20-7820 KNOW ALL MEN BY THESE PRESENTS: That Cougar Contracting,LLC 5420 Division Drive,Fort Myers,FL 33905,PH:239-275-9334 as Principal, and The Hanover Insurance Company as Surety, located at 440 Lincoln St.,Worcester,MA 01653-0002 PH:508-853-7200 Business Address) are held and firmly bound to The Board of Commissioners of Collier County,Florida* as Obligee in the sum of Three Million Three Hundred Ninety-five Thousand and 00/100 Dollars 3,395,000.00 for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. obligee Address:3295 Tamiami Trail E,Naples FL 34112 PH:239-252-8992 WHEREAS, Principal has entered into a contract dated as of then day of fd)rt 20 21 , with Obligee for Bid No.20-7820 Project No.60115 Triangle Blvd Transportation Operathxfal in Improvements Collier County,Price Street and Celeste accordance with drawings and specifications, which contract is Drive Roadwar,n ,-u, ciit,incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this I day of 50.YNUOSt- 20 21 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 11 Construction Services Agreement:Revised 12-13-20(v8) Bond No. 1085757 Signed, sealed and delivered in the presence of: PRINCIPAL C( Cougar Contracting,LLC BY:l47 T itnesses as to Principal NAME ,.I 1 ) .1 R ITS: NAME* STATE OF Florida COUNTY OF L-Pa__ The foregoing instrument was acknowledged before me by means of qQ physical presence or online notarization, this I ( day of WC 20 21 , by 0.s.av& i 04 t3.M, as of Cougar Contracting,LLC 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: S\ IA 2-3 Signatur,of Nota blic) NAME: QSS et2_ .e) y390S COSSETTEBURGOS I Notary Public-State of Florida p`i Commission GG 335387 Le ibl Printed) of K' My Comm.Expir1es May 15,2023 g y Bonded through National Notary Assn. AFFIX OFFICIAL SEAL) Notary Public, State of 11.3- 55,Commission No.: ATTEST:SURETY: The Hanover Insurance Company Printed Name) 440 Lincoln Street Worcester,MA 01653-0002 Business Address N/A N/A Authorized Signature) Witnesses to Surety Printed Name) 12 Construction Services Agreement:Revised 12-13-20(v8) Bond No. 1085757 OR As Attorn y in Fact and Florida Licensed Resident Agent Attach Power of Attorney) Margie Schulz Kevin Wojtowicz r ' d'r. Witnesses Printed Name) I Nielson Wojtowicz Neu&Associates 1000 Central Ave#200 St.Petersburg FL 33705 Business Address) 727- 209-1803 Telephone Number) STATE OF Florida COUNTY OF Pinellas The foregoing instrument was acknowledged before me by means of © physical presence or 0 online notarization, this 8th day of January 20 21 , by Kevin Wojtowicz as Attorney-in-fact of The Hanover Insurance Company a New Hampshire corporation, on behalf of the corporation. He/she is personally _k gwn to me Q acxxl-kaeaxpRoklickCed known as identi tion and did (did not) take an oath. My Commission Exp..- c ' e yo c Notary Public State of Ftoncla SI,nature of NotaryPublicEileenC.Heard y r • My Commission GG 257187 q w,, 01, Expires 10/22/202 a m e. ileen C.Heard egibly Printed) AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: 13 Construction Services Agreement:Revised 12-13-20(v8) EXHIBIT B-2: PUBLIC PERFORMANCE BOND ITB# 20-7820 Bond No. 1085757 Contract No. ITB# 20-7820 KNOW ALL MEN BY THESE PRESENTS: That Cougar Contracting,LLC,5420 Division Drive, Fort Myers,FL 33905,PH:239-275-9334 , as Principal, and The Hanover Insurance Company as Surety, located at 440 Lincoln St.,Worcester,MA 01653-0002 PH:508-853-7200 Business Address) are held and firmly bound to The Board of Commissioners of Collier County,Florida* as Obligee in the sum of Three Million Three Hundred Ninety-five Thousand and 00/100 Dollars 3,395,000. 00 for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. Obligee Address:3295 Tamiami Trail E,Naples FL 34112 PH:239-252-8992 WHEREAS, Principal has entered into a contract dated as of the ig3.13k day of 20 21 with Obligee for Bid No. -2 §20 roject No. 115 Triangle Blvd Transportation Operational Improvements Collier County,Price Street and Celeste Drive in 1W8Rici'gi'18 5 drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys'fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety,for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this ‘t day of 3 slUCUrA6 , 20 21 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 14 Construction Services Agreement:Revised 12-13-20(v8) Ay Bond No. 1085757 Signed, sealed and delivered in the presence of: PRINCIPAL v G--Z Weia-5 Cougar Contracting,LLC Clo BY: Z'ai , Witnesses as to rincipal j NAME: _ fiGID nrp I R\ ITS: STATE OF Florida COUNTY OF (12 The foregoing instrument was acknowledged before me by means of physical presence or online notarization, t is ' I day of 30,y1000.f a 20 21 , by 12) 0CAYl 1 as o11- of Cougar Contracting,LLC a IA-- corporation, on behalf of the corporation. He/Vhe is personally _known to me_ OR has produced as identification and did (did not) take an oath. My Commission Expires: 51143 Signatur f Notary blic) Name: 00 SSQf,- (&)11:3C:6 Legibly Printed) AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: C,C. 3353V1 i;Y.?, COSSETTE BURGOS 1 ._ Notary Public-State of Florida I1 7 Commission#GG 335387 or n My Comm.Expires May 15,2023 Bonded through National Notary Assn. 15 Construction Services Agreement:Revised 12-13-20(v8) tit Bond No. 1085757 ATTEST: SURETY: The Hanover Insurance Company Printed Name) 440 Lincoln Street Worcester MA 01653-0002 Business Address) N/A Authorized Signature) N/A Witnesses as urety Printed Name) OR l#1,r/1 As Attorney in Fact and Florida Licensed'ResidepiAgent Attach Power of Attorney) r Margie Schulz Kevin Wojtowicz Witnesses Printed Name) Nielson Wojtowicz Neu&Associates 1000 Central Ave#200 St Petersburg FL 33705 Business Address) 727-209-1803 Telephone Number) STATE OF Florida COUNTY OF Pinellas The foregoing instrument was acknowledged before me by means of ® physical presence or online notarization, this 8th day of January 2021 by Kevin Wojtowicz as Attorney-in-fact of The Hanover Insurance Company a New Hampshire corporation, on behalf of the corporation. He/she is personally I 0Roaltttced known as identifjcatio and did (did not) take an oath. My Commission Expires: ignature of Notary Public) Notary public Stole of Florida 4rEileen C.HeardGG 257167 een C.Heard r My CorhrtNasion er Expires 10/2212022 gibly Printed) AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: 16 Construction Services Agreement:Revised 12-13-20(v8) THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,(hereinafter individually and collectively the"Company")does hereby constitute and appoint, Kevin Wojtowicz and Laura D.Mosholder Of Nielson,Wojtowicz,Neu&Associates of St.Petersburg,FL and Nielson,Mosholder&Associates of Sanford,FL each individually,if there be more than one named,as its true and lawful attorney(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,any and all surety bonds,recognizances,undertakings,or other surety obligations.The execution of such surety bonds,recognizances,undertakings or surety obligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company,in their own proper persons.Provided however,that this power of attorney limits the acts of those named herein;and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States,not to exceed Twenty Five Million and No/100($25,000,000)in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company,and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys-in-fact of the Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety, any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED:That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile. Adopted October 7,1981 —The Hanover Insurance Company;Adopted April 14, 1982—Massachusetts Bay Insurance Company;Adopted September 7,2001 —Citizens Insurance Company of America) IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents,this 261' day of April,2018. The Hanover Insurance Company Massachusetts Bay Insufrance Company The Hanover Insurance Company Citizens Insurance Company of America GA c ,,. w"'""" Massachusetts Bay Insurance Company P Y Citizens Insurance Company of America t.ie/'yri I eE/LL C[!' Al-,-'fc.=.+...-....r yyt, John C.Roche;EVP and President a James H.Kav,iecbi,Vice President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ss. On this 26th day of April,2018 before me came the above named Vice Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. MONR Diane J lo.Kora y PuhlirMVO1• 2 _ _ M.Conmu,,ion Gxpirc.March J.'O_ I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this day of , 090p / CERTIFIED COPY Theodore(;,Martinez,Vice President EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due 17 Construction Services Agreement:Revised 12-13-20(v8) 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 12-13-20(v8) Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. Employer's Liability single limit per occurrence 3. Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $ single limit per occurrence, $2,000, 000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 5. Automobile Liability Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. Other insurance as Watercraft Per Occurrence noted: United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Per Occurrence Pollution Per Occurrence Professional Liability Per claim & in the aggregate 1,000,000 per claim and in the aggregate 2,000,000 per claim and in the aggregate Project Professional Liability Per Occurrence Valuable Papers Insurance Per Occurrence 19 Construction Services Agreement: Revised 12-13-20(v8) Cyber Liability Per Occurrence Technology Errors & Omissions Per Occurrence 7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders'surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. E Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 10. Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. 11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. Thirty (30) Days Cancellation Notice required. 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 Date Signature Print Name Insurance Agency Agent Name Telephone Number 20 Construction Services Agreement:Revised 12-13-20(v8) Ci0 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: 1) In accordance with the Contract Documents and in consideration of $to be received, Contractor") releases and waives for itself and it' s subcontractors, material- men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. 2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. 3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. 4) This Release and Affidavit is given in connection with Contractor's [monthly/final]Application for Payment No. CONTRACTOR BY: Witness ITS: President DATE: Witness Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 20 , by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did ( did not) take an oath. My Commission Expires: Signature of Notary Public) NAME: Legibly Printed) Notary Public, State of AFFIX OFFICIAL SEAL) Commissioner No.: 21 Construction Services Agreement: Revised 12- 13-20(v8) EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer Owner's Project Bid No. Manager's Name: Project No. County's Division Name Purchase Order No. Submitted by Contractor Application Date: Representative: Name Contractor's Name& Payment Application No. Address: Original Contract Time: Original Contract Price: Revised Contract Time: Total Change Orders to Date: Revised Contract Amount: Total Value of Work Completed & $ Stored to Date: Retainage @ / € °1 $ Retainage @ 5%through[Insert $ Insert Date] date] Retainage @ Less Retainage after[Insert date] Total Earned Less Retainage Less previous payment(s) Percent Work Completed AMOUNT DUE THIS to Date: APPLICATION: Percent Contract Time yo Completed to Date: Liquidated Damages to $ Remaining Contract Balance Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: 22 Construction Services Agreement: Revised 12-13-20(v8) EXHIBIT D(Continued) SCHEDULE OF VALUES Project Name: Project Number: Date: Period To: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 10% _% TOTAL NUMBER VALUE MATERIALS COMPLETEDCOMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE PREVIOUS APPLICATIONS THIS STORED reduced rate) WITHHELD THRU DATE SINCE DATE PERIOD TO DATE TOTALS Explanation for the two columns under Previous Applications:The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue coi into play. If this happens,all information up to the date of the%change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column.This states what has happened since the change in retainage. 23 Construction Services Agreement:Revised 12-13-20(v8) C.80) Exhibit D Continued) Stored Materials Record Formula: A + B - C - D = E A B C D E Balance Invoice Previously Received Previously Installed To Date Description Supplier Number Received This Period Installed This Period Install 24 Construction Services Agreement: Revised 12-13-20(v8) EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http://bccspOl/SiteDirectory/ASD/Purchasing/Formsl/Forms/Default.aspx Change Order Form Contract*:Change*: Pur chase Order*: Project*: ContractorlFirm Name: Project Name: Project Manager Name Department: Original CartrscUWor Order Amount Original BCC Approval Date;Agenda.Item 4 Current BCC Approved Amount Last BCC Approval Date; Agenda Item# Current C retract-0i a t Order Amount SW Contract Expiration Cate(fvtaster) Dollar Amount of this Change C•IV1!0! Total Change from Original Amount Revised ContractW of Order Total a 3.00 CIV.0l Change from Curet BCC Approved Amount Cumulative Changes 5 0.00 DIV0! Change from Current Amount Completion Date, Description of the Task{s)Change,and Rationale for the Change Notice to Proceel Original Last Approved Revised Date Date I Completion Dat Date JSasrrs•caaxge of Days Added Select Tasks 0 Add new task{s) 0 Deletetaskts) 0 Changetask(s) 0 Other seeoedwj Provide a response to the fo l lowing:1.)detailed and specific explanationkationateof the requested changejs)to thetask(s)and d or the additional days added{it requested);2.)why this change was not included in the o rigi nal contract;and,3.)describe the impact if this change is not processed. Attach a•:dstoral irformatior from the Des rgr Profess iorat ardor Contractor if reeled:. Prepared by:Date:P Project Manager Name art Deoantmertt• Acceptance of i his Change Order s hall corntrtute a mocificasor to contract.work order derided above and will be subject to alit he same terms and corditiorsascomairedin the cart ract workorderrrdtate3above,asfullyasifthesamewerestatedinthisacceptarce, The a:justmert,ifary,to the Contract shailcorst tile afullerc final settlement of any arc all claims of th_Cortractor;Vendor;Corsuttartr Design Professioraiarisirgoutoforrelatedtothechargesetforthherein,includingclaimsforimbedar delay cost. Accepted by:Date: Contractor;Verdor:Cons o hart i Des i,r Profess oral and Name of Firm,if projectappErable) Approved by:Date. Desgr Professioralard Name of Firm,if protect applicable} Approved by:Date: Procrrremert Professoral s;. seca-a:_ 25 Construction Services Agreement: Revised 12-13-20(v8) EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No.Design Professional's Project No. PROJECT: CONTRACTOR: Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be 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 12-13-20(v8) 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 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20 OWNER By: Type Name and Title 27 Construction Services Agreement: Revised 12-13-20(v8) EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.:PO No.: Date: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: Company Name) Signature) Typed Name&Title) By Design Professional: Firm Name) Signature) Typed Name & Title) By Owner: Department Name) Signature) Name &Title) 28 Construction Services Agreement:Revised 12-13-20(v8) EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1. 1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 29 Construction Services Agreement: Revised 12-13-20(v8) 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 30 Construction Services Agreement. Revised 12-13-20(v8) limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 31 Construction Services Agreement: Revised 12-13-20(v8) stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255. 078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 32 Construction Services Agreement:Revised 12-13-20(v8) 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5. 3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 33 Construction Services Agreement:Revised 12-13-20(v8) 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7. 5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will 34 Construction Services Agreement: Revised 12-13-20(v8) record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1. 1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil 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; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features 35 Construction Services Agreement:Revised 12-13-20(v8) 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 Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(a colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 36 Construction Services Agreement: Revised 12-13-20(v8) 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (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 12-13-20(v8) Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent 15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight 48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 38 Construction Services Agreement: Revised 12-13-20(v8) 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 a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified 39 Construction Services Agreement: Revised 12-13-20(v8) 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 Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. 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. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: Commodity based procurement where no services are provided. Where the requirement for the affidavit is waived by the Board of County Commissioners Contractors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. 40 Construction Services Agreement:Revised 12-13-20(v8) If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's /Contractor's proposal may be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the 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: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any 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 equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 41 Construction Services Agreement: Revised 12-13-20(v8) 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s)within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore 42 Construction Services Agreement:Revised 12-13-20(v8) f``C3 or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 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 43 Construction Services Agreement:Revised 12-13-20(v8) not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: 1) Receipt of Contractor's Final Application for Payment. 2) The Release and Affidavit in the form attached as Exhibit C. 3) Consent of surety to final payment. 4) Receipt of the final payment check list. 5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, 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 44 Construction Services Agreement: Revised 12-13-20(v8) 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. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight(8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, 45 Construction Services Agreement.Revised 12-13-20(v8) Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials 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 46 Construction Services Agreement:Revised 12-13-20(v8) of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional 47 Construction Services Agreement: Revised 12-13-20(v8) shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor,without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight 48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1. 1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from 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. 48 Construction Services Agreement: Revised 12-13-20(v8) r .) Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must 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; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 49 Construction Services Agreement:Revised 12-13-20(v8) 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. 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 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: 50 Construction Services Agreement: Revised 12-13-20(v8) 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 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. 51 Construction Services Agreement:Revised 12-13-20(v8) The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub- subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 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 52 Construction Services Agreement:Revised 12-13-20(v8) price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 53 Construction Services Agreement:Revised 12-13-20(v8) 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. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail DL-FMOPS(cr colliergov.net)whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of$2 million or more may be reviewed for VE at the discretion of the County. 54 Construction Services Agreement: Revised 12-13-20(v8) 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (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. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 55 Construction Services Agreement:Revised 12-13-20(v8) EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 56 Construction Services Agreement:Revised 12-13-20(v8) EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS SUPPLEMENTAL TERMS AND CONDITIONS CONTENTS: GENERAL NOTES 2 PERMIT CONDITIONS 2 SUBMITTAL OF SHOP DRAWINGS 2 WATER 2 ALLOWANCES 2 FUEL & BITUMINOUS COST ADJUSTMENTS NOT PROVIDED 3 CONTRACTOR PRESENTATIONS 3 PROJECT INFORMATION SIGN 3 MAINTENACE OF TRAFFIC 3 UTILITY COORDINATION 4 CONSTRUCTION ACCESS 5 AS-BUILT/RECORD DRAWINGS 5 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS GENERAL NOTES 1. The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. PERMIT CONDITIONS See Permits for conditions which may affect project construction. Permits have been obtained from: FDOT Access Permit #2020-A-192-00019 Drainage Permit #2020-D-192-00026 SUBMITTAL OF SHOP DRAWINGS Shop drawings are required as set forth in the specifications. Payment will not be made for these items of work until shop drawings have been received, reviewed and approved by the Engineer. WATER No bid item is provided for water. The cost of providing water shall be included in the unit price for work that requires it. ALLOWANCES Included within the Bid Schedule are Allowances for various elements of the work that, although engineered, unforeseen conditions may occur, some of a public health and safety nature. The Owner has determined these allowances and considers them reasonable budgetary estimates to promptly manage unforeseen conditions, including those of a public health and safety nature. Allowance may not fully represent the actual cost of work. If the cost of work exceeds the allowance amount, the Owner will provide additional allowance funds to complete the work or accept the work in its current state of completion. 2 FUEL & BITUMINOUS COST ADJUSTMENTS NOT PROVIDED Section 9-2.1. 1 Fuels and Section 9- 2.1 Bituminous Materials of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2010, are deleted. While it is recognized that a primary cost factor of this bid is based on the price of petroleum and that conditions in this market could become unstable and beyond the control of the bidder, it is also recognized that the availability of funding to compensate for future cost increases will be even scarcer should this occur. The county chooses not to obligate itself for these costs and has not provided for these cost adjustments in the contract. The Contractor shall take this risk into consideration when submitting their bid. 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. All costs associated with participating in this process will be included in the contract price of"As-Built Plans." PROJECT INFORMATION SIGN The contractor shall provide project information sign at each end of the project to be installed at the start of construction at locations to be determined by Collier County. Details of the sign are provided in the plans. All costs to provide and install the projects signs will be included in the unit price for Bid Item 0102-1, Maintenance of Traffic. MAINTENANCE OF TRAFFIC Traffic Control Plans have been included to show basic phasing and access requirements. Not all required signs, striping and temporary pavement are shown. All maintenance of traffic (MOT) shall conform to FDOT Standard Index 102-6XX. Contractors shall submit complete MOT plans 21 days prior to construction for County and CEI approval. All MOT related costs not itemized shall be included under Pay Item 102-1. The following pay items are provided: Bid Item 0102-1, Maintenance of Traffic 3 CA 3 UTILITY COORDINATION WITH FPL The Contractor shall coordinate any and all utility relocations or proposed interruption of services with the Florida Power & Light (request an official meeting) within 30 days of Notice to Proceed. This meeting will be to establish requirements with regards to any interruption of service during proposed utility relocations. Contractor shall note the severe restrictions with regards to interruption of services and limits interruptions to certain times of the year. Contractor will not be entitled to any delays caused by restrictions imposed on construction activities. If properly coordinated, the Contractor will have sufficient time within the Contract to construct required improvements. Should any utility be damaged, the contractor shall be responsible for all repairs including the need for both on-site and off-site pumper trucks. LIGHTING, LANDSCAPING AND IRRIGATION COORDINATION WITH LELY COMMUNITY DEVELOPMENT DISTRICT The Contractor shall coordinate with the Lely Community Development District for lighting relocation and installation, landscaping and irrigation removal and remediation work. CONSTRUCTION ACCESS Means and methods for construction access to the site shall remain the Contractor's responsibility. The Contractor shall adhere to all permit requirements for the Project, and shall obtain any additional permits required for their selected construction method(s) at the Contractor's expense. Any such permit application(s) shall be included in the Contractor's CPM Schedule. *******NOTE: NO CONSTRUCTION AT THE INTERSECTION OF US 41 AND TRIANGLE SHALL TAKE PLACE DURING SEASON. ******* AS-BUILT/RECORD DRAWINGS As-Built/Record Drawings are to be provided to the County's Project Manager within thirty 30) days of substantial project completion. One copy in the following formats: PDF, AutoCAD and a hard copy. When changes to the plans are required after contract award, all final drawings, specifications, plans, surveys, reports, computation books, or documents shall be issued by a responsible Florida Professional Engineer, Licensed Architect and/or Florida—licensed Surveyor and must be signed, dated, and stamped with the engineer's and/or Surveyor's seal as applicable. The Professional Engineer and/or Licensed Surveyor may be part of the contractor's staff or the Engineer of Record for the contract plans. The Engineer of record must be notified of all revisions and/or modifications made to the contract documents. 4 The Contractor and his Florida Registered Professional Surveyor and Mapper (P.S.M.) are responsible for the Project's As-Built/Record Drawings unless otherwise specified within the Technical Plans and Specifications. Prior to construction commencement, the Contractor shall meet with the Design Professional and P.S.M. to determine the Project's critical points to the final As- Builts. The Contractor shall also coordinate with the Design Professional and P.S.M. to facilitate measurement at those critical Project points. The Contractor's Final Payment shall be withheld pending the Design Professional and P.S.M. Certification of the contracted improvements is per design. During the progress of the work the Contractor shall keep and maintain one (1) Approved for Construction" copy of all project plans, drawings, specifications, and any addenda, written amendments, change orders, work directives orders, supplemental agreements and other written interpretations and clarifications. It is suggested that there be an "Approved for Construction Ghosted Plan Set" for the Contractor's use. The Contractor shall also note to show updated construction deviations annotated in red line as well as any approved design changes authorized by the Design Professional. All deviations shall be initialed and dated by the Contractor. All survey information depicted on the As-Built Drawings shall be collected under the direct supervision of the P.S.M. in accordance with Florida Statute Chapters 177 and 472 and Chapter 61 G-17 of the Florida Administrative Code. All major shop drawings such as beams, beam bearing plates, lighting, retaining walls, structural steel components, and any temporary attachments left in place, shall also become part of the As-Built Drawings. For final inspection, an As-Built set (signed and sealed not required at this point) is needed to verify the field work. 5 DATE(MM/DD/YYYY) A o CERTIFICATE OF LIABILITY INSURANCE 1/7/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AWA Insurance Agency PHONE Jennifer Alf FAX 13700 Six Mile Cypress Pkwy UVC.No.Ext):239- 418-1100 A/C,No):239-418-1164 y E-MAIL Suite#1 ADDRESS: Jennifer@awainsurance.com Ft.Myers FL 33912 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Auto-Owners Insurance Company 18988 INSURED COUGCUT-01 INSURER B:StarStone Specialty Insurance Company 44776 Cougar Contracting LLC 5420 Division Dr INSURER C:GuideOne National Insurance Company 14167 Fort Myers FL 33905 INSURER D:Blidgefield Casualty Insurance 10335 INSURER E:Continental Ins Co-CNA 35289 INSURER F: COVERAGES CERTIFICATE NUMBER:2054119923 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITSLTRNWWVDPOLICYNUMBERMM/DD/YYYY) IMM/DO/YYYYI C X COMMERCIAL GENERAL LIABILITY 563000235-00 1/1/2021 1/1/2022 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $50,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $2,000, 000 OTHER: A AUTOMOBILE LIABILITY 52-652632-00 1/1/2021 1/1/2022 COMBINED SINGLE LIMIT $2,000,000Eaaccident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY Per accident) PIP Basic 10,000 B UMBRELLA LIAB X OCCUR 79976A200ALI 1/ 1/2021 1/1/2022 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE 5,000,000 DED RETENTION$ D WORKERS COMPENSATION 19652186 1/ 1/2021 1/1/2022 X AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N NIA Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 E Contractors Equipment/MTC 7012125276 1/1/2021 1/1/2022 Leased/Rented-MTC 400000-1,000,000 B Excess over Auto 001113630 1/1/2021 1/ 1/2022 Aggregate 4,000,000 Pollution 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Project Reference:20-7820 Triangle Blvd Transportation Operational Improvements(CM) Collier County Board of County Commissioners is included as Additional Insured on a primary and non-contributory basis with respects to General Liability and Auto Liability,as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiami Trail Naples FL 34112 AUTHORIZED REPRESENTATIVE 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Agency Code 12-0644-00 Policy Number 52-652- 632-00 58504 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - BLANKET COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION II- COVERED AUTOS LIABILITY COVER- person or organization qualifies as an insured under AGE is amended. The following provision is added.SECTION II - COVERED AUTOS LIABILITY COVER- Any person or organization is an insured for Covered AGE, A. COVERAGE, 1.Who Is An Insured. Autos Liability Coverage, but only to the extent that All other policy terms and conditions apply. 58504 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 58583 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER PAYMENTS WAIVER OF SUBROGATION) - BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION V CONDITIONS, A. LOSS CONDITIONS is However,we waive our right to recover payments made amended. 5.Our Right to Recover Payments is de- for bodily injury or property damage: leted and replaced by the following condition.a. Covered by the policy; and 5. Our Right to Recover Payments b. Arising out of the operation of autos covered by the If we make a payment under this policy and the per- policy, in accordance with the terms and conditions son to or for whom payment is made has a right to of a written contract between you and such person recover damages from another, we will be entitled to or entity that right. That person shall do everything neces- only if such rights have been waived by the written con- sary to transfer that right to us and do nothing to tract prior to the accident or loss which caused the prejudice it. bodily injury or property damage. All other policy terms and conditions apply. 58583 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations Any Location As required by written contract. If anyone, other than the Additional Insured, provides similar insurance for the Additional Insured, then this insurance will apply as outlined in SECTION IV — COMMERCIAL LIABILITY CONDITIONS, paragraph 4. Other Insurance, subparagraph c. Method of Sharing. The inclusion of one or more Insured(s) under the terms of this endorsement does not increase our limits of liability. All other terms and conditions remain unchanged. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; in the performance of your ongoing maintenance or repairs) to be performed by or operations for the additional insured(s) at the on behalf of the additional insured(s) at the location(s) designated above. location of the covered operations has been However:completed; or 1. The insurance afforded to such additional 2. That portion of "your work" out of which the insured only applies to the extent permitted by injury or damage arises has been put to its law; and intended use by any person or organization other than another contractor or subcontractor 2. If coverage provided to the additional insured is engaged in performing operations for a required by a contract or agreement, the principal as a part of the same project. insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to C. With respect to the insurance afforded to these provide for such additional insured. additional insureds, the following is added to Section III—Limits Of Insurance: CG 20 10 0413 ISO Properties, Inc., 2004 Page 1 of 2 If coverage provided to the additional insured is 2. Available under the applicable Limits ofrequiredbyacontractoragreement, the most we Insurance shown in the Declarations;will pay on behalf of the additional insured is the whichever is less.amount of insurance: 1. Required by the contract or agreement; or This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 04 13 ISO Properties, Inc., 2004 Page 2 of 2 COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance 2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 Insurance Services Office, Inc., 2012 Page 1 of 1