Agenda 12/13/2022 Item #16C 2 (Construction Agreement for the NCRWTP Chemical Bulk Tank Replacement)12/13/2022
EXECUTIVE SUMMARY
Recommendation to approve administrative Change Order #1 for time extension under Construction
Agreement No. 21-7912 with R2T, Inc., for the NCRWTP Chemical Bulk Tank Replacement. (Water User
Fee Capital Improvement Project Fund (412)) (Project No. 71066)
OBJECTIVE: To maintain the reliability and sustainability of the chemical bulk storage tanks at the North
County Regional Water Treatment Plant (“NCRWTP”).
CONSIDERATIONS: On October 26, 2021 (Agenda Item No. 16C7), the Board awarded ITB No. 21-7912 to
R2T, Inc., for work under Project No. 71066, “NCRWTP Chemical Bulk Tank Replacement,” and authorized the
Chairman to sign the attached Agreement (see Attachment 1).
This project replaces the existing chemical bulk tanks, chemical feed lines and appurtenances at the NCRWTP that
are 20 years old and nearing the end of their useful life. Material supply chain issues have impacted the
manufacturer and delivery schedule of the replacement tanks. This change order provides for a 57-day time
extension to Construction Agreement No. 21-7912 to account for the delay in tank acquisition.
The County’s Procurement Services Division administratively approved the Change Order form (see Attachment 2),
as authorized by the Board in accordance with its Procurement Ordinance, Section Nineteen, Contract
Administration, Section 19, subsection 3b.
FISCAL IMPACT: Change Order #1 provides for a 57-day time extension to Construction Agreement No. 21-
7912 to account for the delay in tank acquisition which did not change the contract amount.
GROWTH MANAGEMENT IMPACT: There is no impact to the current Growth Management Plan standards
to ensure the adequacy and availability of viable public facilities.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the
Collier County Water-Sewer District, ratify and approve administrative Change Order #1 for a time extension to
Construction Agreement No. 21-7912 with R2T, Inc., due to delays attributable to neither the contractor nor County
staff.
Prepared by: Tom Sivert, P.E., Project Manager III (Licensed), Engineering & Project Management Division
ATTACHMENT(S)
1. [Linked] 21-7912 R2T_Contract1 (PDF)
2. change order form - JAK signed (PDF)
16.C.2
Packet Pg. 1172
12/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.2
Doc ID: 23771
Item Summary: Recommendation to approve administrative Change Order #1 for time extension under
Construction Agreement No. 21-7912 with R2T, Inc., for the NCRWTP Chemical Bulk Tank Replacement. (Water
User Fee Capital Improvement Project Fund (412)) (Project No. 71066)
Meeting Date: 12/13/2022
Prepared by:
Title: Project Manager, Senior – Public Utilities Planning and Project Management
Name: Tom Sivert
10/28/2022 10:31 AM
Submitted by:
Title: Director – Public Utilities Planning and Project Management
Name: Matthew McLean
10/28/2022 10:31 AM
Approved By:
Review:
Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 10/28/2022 12:15 PM
Public Utilities Planning and Project Management Benjamin Bullert Additional Reviewer Completed
10/28/2022 1:43 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 10/28/2022 3:03 PM
Procurement Services Sara Schneeberger Additional Reviewer Completed 11/02/2022 8:56 AM
Procurement Services Sue Zimmerman Additional Reviewer Completed 11/06/2022 11:01 PM
Public Utilities Planning and Project Management Matthew McLean Additional Reviewer Completed
11/10/2022 7:45 AM
Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 11/21/2022 12:16 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 11/23/2022 12:36 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 11/29/2022 12:36 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/23/2022 12:56 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/23/2022 1:39 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/30/2022 5:09 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/05/2022 9:23 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM
16.C.2
Packet Pg. 1173
16.C.2.b
Packet Pg. 1174 Attachment: change order form - JAK signed (23771 : NCRWTP Chemical Bulk Tank Replacement Change Order #1)
16.C.2.b
Packet Pg. 1175 Attachment: change order form - JAK signed (23771 : NCRWTP Chemical Bulk Tank Replacement Change Order #1)
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner")
hereby contracts with R2T, Inc. ("Contractor") of 500 Village Square Crossing, Suite 202, Palm
Beach Gardens, FL 33410, a Foreign Profit Corporation, authorized to do business in the State
of Florida, to perform all work ("Work") in connection with NCRWTP Chemical Bulk Tank
Replacement, Invitation to Bid No. 21-7912 ("Project"), as said Work is set forth in the Plans and
Specifications prepared by AECOM Technical Services, Inc., the Engineer and/or Architect of
Record ("Design Professional") and other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6
hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued
addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating
thereto. All of the foregoing Contract Documents are incorporated by reference and made a part
of this Agreement (all of said documents including the Agreement sometimes being referred to
herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the
Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project
site at all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and
the appropriate number of sets of the Construction Documents, signed and sealed by the Design
Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials,
tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to
diligently, timely, and fully perform and complete in a good and workmanlike manner the Work
required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this Agreement to
the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to
Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this
Agreement: Five Hundred Nineteen Thousand Five Hundred Fifty-Six Dollars ($519,556.00).
Section 4. Bonds.
A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten
by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner;
provided, however, the surety shall meet the requirements of the Department of the Treasury
Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal
Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via
the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less
than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
Construction Services Agreement:Revised 01.28.21 (v10)
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business is terminated in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents,the Contractor shall,within five(5)calendar days thereafter,
substitute at its cost and expense another bond and surety, both of which shall be subject to the
Owner's approval.
Section 5. Contract Time and 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 Department Administrator or Division Director, as applicable,
acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will
suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified
above, as said time may be adjusted as provided for herein. In such event, the total amount of
Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should
Contractor 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, One
Thousand Six Hundred Ninety Dollars ($1,690.00) for each calendar day thereafter until
Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but
the Contractor fails to reach Final Completion within the required time period, Owner shall also
be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as
a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to
be substantially completed on the date the Project Manager (or at his/her direction, the Design
Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof.
Contractor hereby expressly waives and relinquishes any right which it may have to seek to
characterize the above noted liquidated damages as a penalty,which the parties agree represents
a fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a Saturday
or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day
shall be omitted from the computation, and the last day shall become the next succeeding day
which is not a Saturday, Sunday or legal holiday.
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Construction Services Agreement:Revised 01.28.21 (v10)
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D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working
days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or any other
agreement between Owner and Contractor, as payment on such liquidated damages due under
this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary,
Owner retains its right to liquidated damages due under this Agreement even if Contractor, at
Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any
part of it, after the expiration of the Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and Owner elects
to complete the Work, in whole or in part, through another contractor or its own forces, the
Contractor and its surety shall continue to be liable for the liquidated damages under the
Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not
charge liquidated damages for any delay in achieving Substantial or Final Completion as a result
of any unreasonable action or delay on the part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed in its
entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in
writing that the Work is complete. Once the Owner has approved and accepted the Work,
Contractor shall be entitled to final payment in accordance with the terms of the Contract
Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a
result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's
recovery of any delay related damages under this Agreement through the liquidated damages
does not preclude Owner from recovering from Contractor any other non-delay related damages
that may be owed to it arising out of or relating to this Agreement.
Section 6. Exhibits Incorporated.
Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and
made a part of this Agreement for Solicitation #21-7912 "NCRWTP Chemical Bulk Tank
Replacement."
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
Exhibit E: Change Order Form
Exhibit F: Certificate of Substantial Completion Form
Exhibit G: Final Payment Checklist
Exhibit H: General Terms and Conditions
3
Construction Services Agreement:Revised 01.28.21 (v10)
Exhibit I:Supplemental Terms and Conditions Applicable ® Not Applicable
The following documents are expressly agreed to be incorporated by reference and made a part
of this Agreement for Solicitation#21-7912"NCRWTP Chemical Bulk Tank Replacement."The
complete contract documents, including Addendum with attachments, are available on the
County's on-line bidding system: https://www.bidsync.com/bidsync-casi,which the parties agree
comprise the final integrated agreement executed by the parties.
Sections corresponding to any checked box ( )expressly apply to the terms of this Agreement
and are available through the County's on-line bidding.
Exhibit J: Technical Specifications
Exhibit K: Permits
Exhibit L: Standard Details
Exhibit M: Plans and Specifications prepared by AECOM Technical Services, Inc.
Exhibit N: Environmental Health and Safety Requirements for Construction Projects
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the Owner
shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the
following:
Collier County Board of County Commissioners, FL
c/o Public Utilities Engineering & Project Management Division
2885 Horseshoe Drive S
Naples, FL 34104
Attn: Tom Sivert, Senior Project Manager
Phone: 239-252-5376
Email: Tom.Sivert(c colliercountyfl.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:
R2T, Inc.
580 W. Crossville Rd., Suite 101
Roswell, GA 30075
Attn: George Ajy, VP
Phone: (561) 775-0009
Email: George Ajy@r2tinc.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.
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:
CO
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Construction Services Agreement:Revised 01.28.21 (v10)
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.
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.
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Construction Services Agreement:Revised 01.28.21 (v10)C:AO
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 01.28.21 (v10)
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
CONTRACTOR:
TW VylTN,E SSES: ,R2T, Inc.
FIR
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kn1Ly Amy By: ge........./ 7KPtntName
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Print Name and Tile Date
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Date: Q/02(/1Z2.1
ATTEST: OWNER:
Crystal K. Kinzel, Clerk of Courts BOARD OF OUNTY COMMISSIONERS
Comptroller OF COLLI C TY FLORIDA
BY: I'kluk BY:
Attest as to Chairman's PENNY TA OR Chair
efgneture only.
d as to m nd Legality:
fir Am, L
ounty Attorney
Prin Name
7 (e)Construction Services Agreement:Revised 01.28.21 (v10)
t
EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE
FOLLOWING THIS PAGE)
8
Construction Services Agreement:Revised 01.28.21 (v10)
CIAO
Solicitation No:21-7912
Solicitation Title:NCRWTP Chemical Bulk Tank Replacement
Bid Due Date:July 20,2021 @ 3:00 PM
BID SCHEDULE
BIDDER: R2T, Inc
ITEM
ITEM DESCRIPTION UNITS QUANTITY PER UNIT EXTENDED
NO.
1 Mobilization/ Demobilization (not to exceed 10%of Trade Subtotal) LS 1 $ 20,000.00 $ 20,000.00
2 Demolition LS 1 $ 27,671.00 $ 27,671.00
3 Bulk Tank Installation LS 1 $ 305,386.00 $ 305,386.00
4 Piping Installation LS 1 $ 95,423.00 $ 95,423.00
5 Temporary Chemical Systems LS 1 $ 21,076.00 $ 21,076.00
Trade Subtotal 469,556.00
6 Owner's Allowance T/M 1 $ 50,000.00 $ 50,000.00
TOTAL BID FOR ITEMS 1 THROUGH 6+OWNERS ALLOWANCE 519, 556.00
Owners Allowance-for Owners Use as Directed.This Allowance will be used only at the
Owner's direction to accomplish work due to unforeseen conditions and/or as directed by
the Owner.Inclusion of the Allowance as part of the Contract Price is not a guarantee that
the Contractor will be paid any portion or the full amount of the Allowance.Expenditures of
Owners Allowance will be made through Change Order with proper documentation of Time
and Materials supporting the change."
f'AO
EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM
FOLLOWING THIS PAGE)
9
Construction Services Agreement: Revised 01.28.21 (v10)
CIAO
Appendix F-Template-Addendum
Email: (Cynthia.McCanna@colliercountyfl.gov)
Ca fer Countyity
Telephone: (239-252-8992)
Ad.,v nistravve Services YDwision
c`urtihasing
ADDENDUM #1
Memorandum
Date: June 30, 2021
From: Cynthia McCanna, Procurement Strategist
To: Interested Parties
Subject: Addendum #1 21-7912-NCRVVfP Chemical Bulk Tank Replacement
This addendum has been issued for the following items identifying clarifications, changes, deletions, or
additions to the original solicitation documents and bid schedule for the above referenced solicitation.
ADDITION:
The "Meeting Minutes" and "Sign-In Sheets" from the June 29, 2021, Pre-Bid Meeting and Site Visit
have been posted to BidSync.
CHANGE: -Solicitation document and Bid instructions revised to 180 days
Solicitation Document Template revised from 120 days to 180 days-first page of the Invitation to
Bid Solicitation document
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the
Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not
extend beyond one hundred eighty(180)days from the bid opening date without the consent of the Successful
Bidder.
The Construction Invitation to Bid Instructions paragraph 3.1 revised from 120 days to 180 days
3.1 No Bid including alternates, shall be withdrawn within one hundred and eighty (180) days after the public
opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid
Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of
the one hundred eighty (180) day period without selecting any or all alternates, the Owner shall retain the
right to subsequently award to the Successful Bidder said alternates at a later time but no later than cng
hundred ei ht 180 da s from opening, unless otherwise agreed by the Procurement Director and the
Successful Bidder.
Please acknowledge receipt of this Addendum and include with your bid.
4„:ry- 7/16/2021
Signazt re) ' /
l , -
Date
R2T, Inc. 24 /71.77
Name of Firm)
If you require additional information,please post a question on BidSync on-line or contact me using the above contact information.
Appendix F-Template—Addendum-rev 10-18- 18
Appendix F—Template-Addendum
Email: (Cynthia.McCanna@colliercountyfl.gov)
Co -er Covinty Telephone: (239-252-8992)
Acirrinistative Services D;,rision
Purchasing
ADDENDUM #2
Memorandum
Date: July 13, 2021
From: Cynthia McCanna, Procurement Strategist
To: Interested Parties
Subject: Addendum#2 21-7912—NCRWTP Chemical Bulk Tank Replacement
This addendum has been issued for the following items identifying clarifications, changes, deletions, or
additions to the original solicitation documents and bid schedule for the above referenced solicitation.
ADDITION 1:
21-7912-Addendum 2-Exhibit J -Video Monitoring and Documentation 01 32 36
ADDITION 2:
Final Questions and Answers Summary. Questions 1-11
Question 1: Regarding the temporary 6500-gallon storage tanks on this project. It's on page 125 in the
bid packet, Drawing M105.
Are these temporary tanks already purchased or do they need to be provided?
Answer:Temporary tanks have not been purchased; Contractor is to provide.
Question 2: I know that a copy of the Original Bid Bond will be in the Bid Docs that we upload for this
project, BUT do we need to Send you the Original Bid Bond? If yes,then to Whom, By What Date&
Time should the Original Bid Bond be to you?
Answer:No, you do not send the original Bid Bonds.
Question 3:Regarding the temporary tanks for both chemicals, can they be plastic tanks considering
they are short term?
Answer:Alternative materials for temporary storage tanks may be acceptable, however the Contractor
shall be required to submit documentation for approval indicating the tank material is compatible for use
with the chemical being stored.
Question 4: Who is supplying the chemicals for emptying and filling the new and temporary tanks?
Answer:Collier County will provide and pay for the chemicals through their existing supplier for the
temporary and new tanks. Contractor shall coordinate deliveries with the County to maintain on-site
chemical availability as specified in Section 012900.
Question 5: Please confirm that the chemical piping to be replaced just needs to be labeled and not
painted?
Answer:Chemical piping shall be identified as specified in Section 400502.
Appendix F-Template—Addendum-rev 10-18-18
Appendix F—Template-Addendum
Question 6:Please confirm whether the Contractor is responsible to perform a videography of the entire
work area before the project is to begin?
Answer:Yes, see addendum 2
Question 7:Please confirm whether or not a building permit must be obtained from the Collier County
Building Department? If a Building Permit is required, please confirm that Collier County will pay the
building department permit fees?
Answer:A building permit is required for this project. Collier County will pay for Collier County permit
fees.
Question 8: Please confirm that all record drawings and final tank drawings do not need to be submitted
by AutoCAD?
Answer:Contractor shall maintain and submit project record drawings as specified in sections 013300
and 017200. Final tank drawings in AutoCAD format shall also be submitted.
Question 9: Section 43 41 23 (Steel Tanks)states under paragraph 2.3.G that the Approved
Manufacturer will be either Modern Welding or approved equal. Miami Filter Inc. successfully supplied
earlier this year(1) 12,000-gallon Sulfuric Acid Storage Tank and (1) 5,200-gallon Caustic Storage Tank
for the Hobart ROWTP Bulk Chemical Tank Replacement project in Vero Beach, FL. Please verify
Miami Filter Inc. will be considered an"approved equal".
Answer:Contractor seeking approval for manufacturers other than those named in the specifications
shall submit documentation for Engineers review after contract award.
Question 10: Will an Excel Bid Schedule be provided that allows for direct input of unit price and
extended price values?
Answer:The Bid Schedule is part of the solicitation documents.
Question 11:• Spec Section 40 05 00 Sub section 2.3 calls for Caustic pipe insulation to prevent the
caustic from freezing. Is heat tracing required? If so, can you provide electrical drawings to indicate
placement of transformer and tie ins to current electrical system.
Spec Section 33 26 40 Sub Section 2.02 calls for check valves to be provided in CPVC and Haler
Piping, nothing is called out on sheet M 201, nor in the isometric detail on sheet M 501. Can you please
provide and updated drawing to detail the locations of the check valves for each chemical system?
Answer:• Heat tracing is not required.
Check valves are not required.
Please acknowledge receipt of this Addendum and include with your bid.
i
7/16/2021
7
Signature) Date
R2T, Inc.
Name of Firm)
If you require additional information, please post a question on BidSync on-line or contact me using the above contact information.
Appendix F-Template—Addendum-rev 10- 18- 18
FORM 1-BID RESPONSE FORM
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
NCRWTP Chemical Bulk Tank Replacement
BID NO.21-7912
Full Name of Bidder R2T,Inc.
Main Business Address 580 W.Crossville Rd.Suite 101,Roswell,GA 30075
Place of Business 500 Village Square Crossing,Suite 202,Palm Beach Gardens,FL 33410
Telephone No. 561.775.0009 Fax No. 561.775.0092
State Contractor's License# CUC1224943(Underground Utility&Excavation);CGC057893
State of Florida Certificate of Authority Document Number F05000003590
Federal Tax Identification Number 20-2835149
DUNS# 798246919 CCR# Cage Code 4R9Z8
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA
hereinafter called the Owner)
The undersigned,as Bidder declares that the only person or parties interested in this Bid as principals are those named
herein,that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully
examined the location of the proposed Work,the proposed form of Agreement and all other Contract Documents and
Bonds,and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding
Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility
and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of
the Owner as therein set forth, furnish the 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
event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The
Construction Solicitation Doc rev 02-21-20
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 three hundred thirty-five
335)consecutive calendar days,computed by excluding the commencement date and including the last day of such
period,and to be fully completed to the point of final acceptance by the Owner within thirty(30)consecutive calendar
days after Substantial Completion, computed by excluding commencement date and including the last day of such
period.
Acceptance and acknowledged by an Authorize Agent
Signature: ( cr-' l
Title: Vice Prep' ent
I,.
Date: 7/16/2021
Construction Solicitation Doc rev 02-21-20
FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
NCRWTP Chemical Bulk Tank Replacement
BID NO.21-7912
Name Personnel Category
Andrew Czysz Construction Superintendent
Michael Steffen Project Manager
William(Rim)Pope General Superintendent
JT Kohrman Construction Manager
Construction Solicitation Doc rev 02-21-20
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:_R2T,Inc. -
ze
Signature:7 ,2,( .. Date: 7/16/2021
Section B(Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL EXCEPTION MANUFACTURER
1.
2.
3.
4.
5.
Please insert additional pages as necessary.
Company:
Signature: Date
Construction Solicitation Doc rev 02-21-20
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
2. Mechanical R2T- Self Perform
3. Demolition R2T- Self Perform
4. Controls
5. Identify other subcontractors
that represent more than 10%
of price or that affect the
critical path of the schedule
Company: R2T,In .
F f
Signature: Date: 7/ 16/2021
Construction Solicitation Doc rev 02-21-20
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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.
Noonday Water Reclamation Facility Chemical
Feed Improvements Cobb County Water System
project name) project owner)
Woodstock,GA 660 S Cobb Drive,Marietta,GA 30060
project location) Owner's address)
See Attached Jake Murray,PE Project Engineer
project description) Owner's contact person) title)
10/2018 10/2019 2,237,955 770. 419.6345 Jake.murray@cobbcounty.org
project start/completion dates) (contract value) (phone)email)
PGA Wastewater Treatment Plant Blower Building,
2. Nitrified Recycle Pump Station(NRCY)and
Miscellaneous Electrical Improvements Seacoast Utility Authority
project name)project owner)
Palm Beach Gardens,FL 4200 Hood Road,Palm Beach Gardens,EL 33410
project location) Owner's address)
See Attached Brent Weidenhamer WW Department Manager
project description) Owner's contact person) title)
10/2018-5/2020 5,245,490 561.627.2900 ext. 1494 bweidenhamer@sua.com
project start/completion dates) (contract value) (phone)email)
3 NaOCL,Biosolids,and Filter System Improvements
at Tropical Farms&North Treatment Facilities Martin County Utilities
project name)project owner)
Stuart,FL 3473 SE Willoughby Boulevard,Stuart,FL 34996
project location) Owner's address)
See Attached Darrell Schuler Project Manager
project description) Owner's contact person) title)
3/2018-2/2020 4,924,000 772. 223.7957 dschuler amartin.fl.us
project start/completion dates) (contract value) (phone)email)
Construction Solicitation Doc rev 02-21-20
C
FORM 5-STATEMENT OF EXPERIENCE OF BIDDER
4. DEP SRF Pine Ave.Force Main Extension&
PS Nos.2&4 Rehabilitation Phase1 City of Green Cove Springs
project name)project owner)
Green Cove Springs,FL 321 Walnut Street,Green Cove Springs,FL(
project location) Owner's address)
See Attached Scott Schultz Water Utilities Director
project description) Owner's contact person) title)
312019-3/2020 2,013,731 904.219.7540 sschultz agreencovesprings.com
project completiondate) (contractvalue) (phone)email)ro'ect hone
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: R2T,Inc.
Signature: U Date: 7/16/2021
Construction Solicitation Doc rev 02-21-20
CAO
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. N'A
2.
3.
4.
5.
TOTAL $ 0
Failure to complete the above may result in the Bid being declared non-responsive.
Company: R2T,Inc.
Signature:
f.. -
f ,
nP
Date: 7/16/2021
Construction Solicitation Doc rev 02-21-20
CAO
FORM 7-BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we R2T,Inc.
herein after called the Principal) and
Great American Insurance Company herein called the Surety), a corporation chartered and
existing under the laws of the State of Ohio with its principal offices in the city of Cincinnati
and authorized to do business in the State of Florida are held and firmly bound unto the
Collier County Board of Commissioners hereinafter called the Owner),in the full and just sum
of Five Percent of Amount Bid dollars($5% good and lawful money of
the United States of America,to be paid upon demand of the Owner,to which payment well and truly to be made,the
Principal and the Surety bind themselves,their heirs,and executors,administrators,and assigns,jointly and severally
and 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.
21-7912 NCRWTP Chemical Bulk Tank Replacement.
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the
required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with
the 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%of Amount 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
20th day of July......_... _._........... ,20 21 . Ill lllr,
R2T,Inc. colT4.% s
BY SEAL
l
Great American Insurance man Sur'?yf"
5
Attorne
J Erik ycMiFact l ,"// 4 °1P`•1111
sk
Countersigned No Longer R uired a` •
Appointed Producing Agent for Great American Insurance Company
C
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI,OHiO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than FOUR
No.0 21343
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under
and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than
one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds,
undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of-Power
SUZANNE YEATMAN ALL OF ALL
JENNIFER S.FREEMAN NEWMAN,GEORGIA 100,000,000
J.ERIK MCMICHAEL
MICHELLE DELIGNE
This Power of Attorney revokes all previous powers issued on behalf of the attorneys)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 23RD day of JULY 2019 .
Attest GREAT AMERiCAN INSU ANCE COMPAN}'
MC4p,,
r g tt
Visr 444. '/P #7?
V Oat/
Assistant Serreiari Divisional Senior Dice President
STATE OF OHIO,COUNTY OF HAMILTON-ss:MARK VICAR*(877 377 2405)
On this 23RD day of JULY 2019 ,before me personally appeared MARK VICAR 10,tome known,
being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American
Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the
said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto
by like authority.
Susan k Kohast
Notary Pub c,St*Mof Ohio L ti'rt- fl,E'tac.'
My Commission I' es 05-18-2020
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9,2008.
RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant('ice
Presidents,or any one of theist,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,
as sure any and all bonds,undertakings and contracts ofsuretyship,or other written obligations in the nature thereof;to prescribe their respective duties and
the respective limits of their authority;and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and ant Secretan or Assistant Secretary of the
Company may be affixed by fitcsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract of suretyship,
or otter written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company,to be valid and binding upon the Company with the same fince and effect as though manually affixed.
CERTIFICATION
1,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect.
Signed and sealed this 20th day of June 2021 .
ua4.
4Vi
Assistant Secrcta's
R1029AG(07/18)
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.
Coverages shall be maintained without interruption from the date of commencement of the Work until the date of
completion and acceptance of the scope of work by the County or as specified in this 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 coverageW required herein,the County may terminate the
Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such
coverages)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 coverages purchased or the insurance company or companies used. The decision of
the County to purchase such insurance coverageW 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.
Collier County Florida
Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
I. ® 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 $_1,000,000 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
current ISO form Bodily 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 ContractorNendor shall
defend,indemnify and hold harmless Collier County,its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence,
recklessness,or intentionally wrongful conduct of the Contractor/Vendor or anyone
employed or utilized by the ContractorNendor in the performance of this Agreement.
5. ®Automobile Liability $_1,000,000 Each Occurrence; Bodily Injury & Property Damage.
Owned/Non-owned/Hired;Automobile Included
6. ® Other insurance as 0 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
0 Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Per Occurrence
Aircraft Liability coverage shall be carried in limits of not less than $5,000,000
each occurrence if applicable to the completion of the Services under this Agreement.
Per Occurrence
Pollution 1,000,000 Per Occurrence
0 Professional Liability $Per claim&in the aggregate
Project Professional Liability Per Occurrence
Umbrella 2,000,000 Per Occurrence
0 Cyber Liability Per Occurrence
0 Technology Errors&Omissions $ Per Occurrence
CAO
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. ® 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
necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor..
Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project
proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier
County Risk Management Division.
6/10/ 21 -CC
Vendor's Insurance Acceptance
By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that
the evidence of insurability may 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.
Collier County
Administrative Services Deparn,ent
Pr'--.:Jr9rnrnt Se-,1, s rDi=;is n
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.
R2T,Inc.
Company Name
l
7 Signature
George Ajy,PE V 'e resident
Prin ame and Title
State of Georgia
County of Fulton
The foregoing instrument was acknowledged before me by means of® physic presence or online notarization,
this 16th day of July month), 2021 (year),by ad a Mari 'ra name
of person acknowledging). f
5'8tg at e of Notary Public-State of Florida)Georgia
Nadya Marinina
Print,Type,or Stamp Commissioned Name of Notar, ,f iI Iti )` "5 ,,
Personally Known OR Produced Identification o,
Type of Identification Produced Co
r ,, .,''? '
0 S
v h, yo4`
4Jua6;tuna a
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Calder County
Administrative Serncs Department
Procurement Ser rrs Division
FORM 10-VENDOR DECLARATION STATEMENT
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples,Florida 34112
Dear Commissioners:
The undersigned, as Vendor declares that this response is made without connection or arrangement with any other
person and this proposal is in every respect fair and made in good faith,without collusion or fraud. The Vendor hereby
declares the instructions,purchase order terms and conditions,requirements,and 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 16th day of July 20 21 in
the County of Fulton in the State of Georgia
Firm's Legal R2T,Inc.
Name:
Address: 500 Village Square Crossing,Suite 202
City,State,Zip Palm Beach Gardens,FL 33410
Code:
Florida F05000003590
Certificate of
Authority
Document
Number
Federal Tax 20-2835149
Identification
Number 4R9Z8
CCR#or
CAGE Code
Only if Grant
Funded
Telephone:561.775.0009
Email: George.ajy(ar2tinc.com
Signature by: r George Ajy,PE
Typed and
written)
Title: Vice President
Additional Contact Information
Send payments to: R2T,Inc.
required if different Company name used as payee
from above)
Contact name: Nadya Marinina
Title:Office Manager
Address: 580 W Crossville Rd.Suite 101
City,State,ZIP Roswell,GA 30075
Telephone: 770.569.7038
Email: Nadya.marinina@r2tinc.com
Office servicing Collier R2T,Inc.
County to place orders
required if different
from above)
Contact name: George Ajy,PE
Title:Vice President
Address: 500 Village Square Crossing,Suite 202
City,State,ZIP Palm Beach Gardens,FL 33410
Telephone: 561.775.0009
Email: George.Ajy@r2tinc.com
Secondary Contact for JT Kohrman
this Solicitation:
Email: Jt.kohrman@r2tinc.com
Phone: 470.592.8408
CAO
Collier County
Administative Services Department
Procurement Sery ces[?wis on
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 INA. 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))that it is aware of and in compliance with the requirements set forth in Florida
Statutes§448.095, 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 proposal bid.
R2T,Inc.
Company Name
w
ill7 Signature
r
George Ajy,PE-Vic resident
Print Name and Title
State of Georgia
County of Fulton
The foregoing instrument was acknowledged before me by means of 121 physical presence or online notarization,
this 16th day of July month), 2021 (year),by Nadya,Mar' ina name
of person acknowledging). r
S naf of Notary Public-State of Florida)
Nadya Marinina
Print,Type,or Stamp Commissioned Name of NotaiA,P fr4c,)
n
Personally Known OR Produced Identification s, 01-
Type of Identification Produced Pp r•
r
l'Ir "
C<'
tau ,•
fi 4, acea , .'4'
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4LwiJ
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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.
V 2. The Bid prices offered have been reviewed.
V 3. The price extensions and totals have been checked.
V 4. Bid Schedule has been completed and attached.
V 5. Any required drawings,descriptive literature,etc.have been included.
6. Any delivery information required is included.
V 7. The following on-line standard documents have been reviewed and accepted in BidSync:
a. Construction bid instructions form
b. Construction services agreement
c. Purchase order terms and conditions
8. All of the following bid forms have been completed and signed:
V a. Bid Form(Form 1)
b. Contractors Key Personnel(Form 2)
c. Material Manufacturers(Form 3)
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)
h. Insurance and Bonding Requirements(Form 8)
i. Conflict of Interest Affidavit(Form 9)
j. Vendor Declaration Statement(Form 10)
k. Immigration Law Affidavit Certification(Form 11)MUST be signed and attached with your
submittal or you MAY be DEEMED NON-RESPONSIVE
1. 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.
V 9. Copies of required information have been attached
a. Business tax Receipt(Collier County Businesses Only)
b. Company's E-Verify profile page or memorandum of understanding
c. Certificate of Authority to Conduct Business in State of Florida(sunbiz.org)
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.)
e. Vendor W-9 Form
10. If required,the amount of Bid bond has been checked,and the Bid bond or cashier's check has been
submitted.
11. 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.
CAO
Detail 6v Entity Name Page ) nf2
Florida o-Part"erltmSlate omEmOFcf R-,="ON"
j''
Q oa^rn°nt*State / Dy"="*o°"or° on° / oea=^nec"m° / S aum ^j_Lnut.Y-NAmu/
Detail by Entity Name
Foreign Profit Corporation
R2T. |NC.
rmnn/mm,muovn
Document Number Foe0000uusyo
Fsxs|mmumun, 20-2835149
Date Filed 0e09/2005
State GA
Status ACTIVE
Principal Address
500 Village Square Crossing
Guneuou
Palm Beach Gardens, FL3n410
Changed: 1022/2018
Moxmn«uureo
58OVKCROGSv|LLEROAD
SU|TES101'1Oz
ROSWEu.GA3O075
Cxonged:Ou0nzO08
n*n/mymmAnpm Name uAddress
CT Corporation System
12OO South Pine Island RU
Plantation, FL33324
Name Changed:02/ 14/2017
Address Changed:02/14/2017
umonr/o/mmn,optao
mamv&Auumso
Tb|eCPo
Jv. mMoERcv
1841 Peeler nd
Unit
Atlanta,GA 30338
httn://searcb.ounbiz.oro/ nguirv/CorpnrationScorch/8curcbRcsuhDetu |?inqui otitv... 8/5/2020 CA0
Detail by Entity Name Page 2 of 2
Title VPST
AJY,GEORGE
580 W CROSSVILLE ROAD SUITE 101
ROSWELL,GA 30075
Annual Reports
Report Year Filed Date
2018 03/08/2018
2019 02/15/2019
2020 03/18/2020
Document Images
03/18/2020--ANNUAL REPORT View image in PDF format
02/15,/2019--ANNUAL REPORT View image in PDF format
10/22,/2018--AMENDED ANNUAL REPORT View image in PDF format
03108/2018--ANNUAL.REPORT View image in PDF format
02/14/201 7--ANNUAL REPORT View image in PDF format
02112/20/6--ANNUAL REPORT View image in PDF format
02/202015--ANNUAL REPORT View image in PDF format
03/14/2014--ANNUAL REPORT View image in PDF format
01/07/2013--ANNUAL REPORT View image in POE format
01/04/2012--ANNUAL REPORT View image in PDF format
01/03/2011--ANNUAL REPORT View image in PDF format
01/0420/0--ANNUAL.REPORT View image in PDF format
01/08/2009--ANNUAL RE:POFI I View image in PDF format
2,'Q7t20G8 ANNUL.REPORT View image in PDF format
01/05/2007--ANNUAL REPORT View image in POE format
02/05/2006--ANNUAL REPORT View image in PDF format
06/09/2005--Foreign Profit View image in PDF format
1,a Veparement or area ClvSor of Co:po:atioois
http://search.sunbiz.org/Inquiry/Corporation Search/SearchResultDetail?inquirytype=Entity... 8/5/2020 CAt3
E-Verify w
i111111
Company ID Number: 107167
THE E-VERIFY
MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
The parties to this agreement are the Department of Homeland Security (DHS) and the
R2T, Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the
Employer will follow while participating in E-Verify.
E-Verify is a program that electronically confirms an employee's eligibility to work in the United States
after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of
Understanding (MOU) explains certain features of the E-Verify program and describes specific
responsibilities of the Employer, the Social Security Administration (SSA), and DHS.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.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 DHS 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 I Revision Date 06/01/13
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1111111r....f
Company ID Number: 107167
4. The Employer agrees to become familiar with and comply with the most recent version of the
E-Verify User Manual.
5. The Employer agrees that any Employer Representative who will create E-Verify cases will
complete the E-Verify Tutorial before that individual creates any cases.
a. The Employer agrees that all Employer representatives will take the refresher tutorials when
prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial
will prevent the Employer Representative from continued use of E-Verify.
6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions:
a. If an employee presents a "List B" identity document, the Employer agrees to only accept"List
B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can
be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo
requirement for religious reasons, the Employer should contact E-Verify at
888-464-4218.
b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766
Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9,
the Employer agrees to make a photocopy of the document and to retain the photocopy with the
employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS
with its review of photo mismatches that employees contest. DHS may in the future designate
other documents that activate the photo screening tool.
Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right
to present any List A, or List B and List C, document(s)to complete the Form 1-9.
7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print
the screen containing the case verification number and attach it to the employee's Form 1-9.
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 274E 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
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E-Verify 6
Company ID Number: 107167
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
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E-Verify A"-
Company ID Number: 107167
including denying, reducing, or extending work hours, delaying or preventing training, requiring an
employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal
contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and
unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has
been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo
mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the
Employer can find the employee is not work authorized and terminate the employee's employment.
Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-
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 274B 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-Verify(a)dhs.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
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w
111i11iVerify
Company ID Number: 107167
reasonable notice, to review Forms 1-9 and other employment records and to interview it and its
employees regarding the Employer's use of E-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
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i9111ii
Company ID Number: 107167
b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a
contract award must use E-Verify to begin verification of employment eligibility for new hires of the
Employer who are working in the United States, whether or not assigned to the contract, within
three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal
contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who
are working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within three business days after the date of hire. An Employer enrolled as a
Federal contractor in E-Verify must begin verification of each employee assigned to the contract
within 90 calendar days after date of contract award or within 30 days after assignment to the
contract, whichever is later.
c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
state or local governments, governments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency under a performance
bond may choose to only verify new and existing employees assigned to the Federal contract. Such
Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired
after November 6, 1986. Employers in this category must begin verification of employees assigned
to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee's assignment to the contract, whichever date is later.
d. Upon enrollment, Employers who are Federal contractors may elect to verify employment
eligibility of all existing employees working in the United States who were hired after November 6,
1986, instead of verifying only those employees assigned to a covered Federal contract. After
enrollment, Employers must elect to verify existing staff following DHS procedures and begin
E-Verify verification of all existing employees within 180 days after the election.
e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify
case for an employee assigned to a contract as long as:
i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6,
ii. The employee's work authorization has not expired, and
iii. The Employer has reviewed the Form 1-9 information either in person or in
communications with the employee to ensure that the employee's Section 1, Form 1-9
attestation has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen).
f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the
previous Form 1-9 to provide the necessary information if:
i. The Employer cannot determine that Form 1-9 complies with Article II.A.6,
ii. The employee's basis for work authorization as attested in Section 1 has expired or
changed, or
iii. The Form 1-9 contains no SSN or is otherwise incomplete.
Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with
Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
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s-VeriFy e` 111i1i1
Company ID Number: 107167
Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551)that expired after
completing Form 1-9, the Employer shall not require the production of additional documentation, or use
the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions
that may be provided on this subject in the E-Verify User Manual.
g. The Employer agrees not to require a second verification using E-Verify of any assigned
employee who has previously been verified as a newly hired employee under this MOU or to
authorize verification of any existing employee by any Employer that is not a Federal contractor
based on this Article.
3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a
performance requirement under the terms of the Federal contract or subcontract, and the Employer
consents to the release of information relating to compliance with its verification responsibilities under
this MOU to contracting officers or other officials authorized to review the Employer's compliance with
Federal contracting requirements.
C. RESPONSIBILITIES OF SSA
1. SSA agrees to allow OHS to compare data provided by the Employer against SSA's database. SSA
sends OHS 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. OHS 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 06/01/13
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f 14j4pj,..a\ / Iplli
Company ID Number: 107167
b. Photo verification checks (when available) on employees.
2. DHS agrees to assist the Employer with operational problems associated with the Employer's
participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone
numbers of DHS representatives to be contacted during the E-Verify process.
3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an
E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for
both SSA and DHS, including restrictions on the use of E-Verify.
4. DHS agrees to train Employers on all important changes made to E-Verify through the use of
mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to
E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials.
5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in
E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of
Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division,
U.S. Department of Justice.
6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and
password that permits them to log in to E-Verify.
7. DHS agrees to safeguard the information the Employer provides, and to limit access to such
information to individuals responsible for the verification process, for evaluation of 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 OHS 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 OHS, unless OHS
determines that more than 10 days may be necessary. In such cases, OHS 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
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E-Verify
Company ID Number: 107167
case. The Employer also agrees to provide both the English and the translated notice and letter for
employees with limited English proficiency to employees. The Employer agrees to provide written
referral instructions to employees and instruct affected employees to bring the English copy of the letter
to the SSA. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee's response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as
directed by E-Verify. The Employer must record the case verification number, review the employee
information submitted to E-Verify to identify any errors, and find out whether the employee contests the
tentative nonconfirmation. The Employer will transmit the Social Security number, or any other
corrected employee information that SSA requests, to SSA for verification again if this review indicates
a need to do so.
4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work
days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
6. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Administration number database (the Numident)or other written verification of the SSN from the SSA.
B. REFERRAL TO OHS
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
Ev
1111111
011111;
Company ID Number: 107167
employee to contact DHS through its toll-free hotline (as found on the referral letter)within eight
Federal Government work days.
5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative
nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative
nonconfirmations, generally.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo
mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or
passport card to DHS for review by:
a. Scanning and uploading the document, or
b. Sending a photocopy of the document by express mail (furnished and paid for by the employer).
7. The Employer understands that if it cannot determine whether there is a photo 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-Verify MOU for Employers I Revision Date 06/01/13
E—Verify 4As
r `y
r< iylill
Company ID Number: 107167
B. TERMINATION
1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days
prior written notice to the other parties.
2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the
Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of
the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach
of system integrity or security by the Employer, or a failure on the part of the Employer to comply with
established E-Verify procedures and/or legal requirements. The Employer understands that if it is a
Federal contractor, termination of this MOU by any party for any reason may negatively affect the
performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state
where E-Verify is mandatory, termination of this by any party MOU may negatively affect the
Employer's business.
3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that
requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor
must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such
notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this
MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify
procedures to verify the employment eligibility of all newly hired employees.
4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer
is terminated from E-Verify.
ARTICLE VI
PARTIES
A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and
SSA and DHS may adjust verification responsibilities between each other as necessary. By separate
agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU.
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
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E-Verify 1i11111,:
Company ID Number: 107167
Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with
Federal contractual requirements, and responses to inquiries under the Freedom of Information Act
FOIA).
F. The individuals whose signatures appear below represent that they are authorized to enter into this
MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate
statement, representation, data or other information provided to DHS may subject the Employer, its
subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to
18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or
suspension.
G.The foregoing constitutes the full agreement on this subject between DHS and the Employer.
To be accepted as an E-Verify participant, you should only sign the Employer's Section of the
signature page. If you have any questions, contact E-Verify at 1-888-464-4218.
Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
CM)
E-Verify lul>sil
Company ID Number: 107167
Approved by:
Employer
R2T, Inc.
Name (Please Type or Print) Title
Nereida Haines
Signature Date
Electronically Signed 03/14/2008
Department of Homeland Security—Verification Division
Name (Please Type or Print) Title
USCIS Verification Division
Signature Date
Electronically Signed 03/17/2008
Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
AO
y6\ ...: ( lllllil
Company ID Number: 107167
Information Required for the E-Verify Program
Information relating to your Company:
R2T, Inc.
Company Name
580 W.Crossville Road
Suite 101
Company Facility Address
Roswell, GA 30075
Company Alternate Address
County or Parish FULTON
Employer Identification Number 202835149
North American Industry 541
Classification Systems Code
Parent Company
Number of Employees 10 to 19
Number of Sites Verified for 3
Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
CAO
erify
Company ID Number: 107167
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)
GEORGIA 1 site(s)
PENNSYLVANIA 1 site(s)
Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
s
Company ID Number: 107167
Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:
Name Nereida Haines
Phone Number (770)569-7038 ext. 108
Fax Number (770)594-7477
Email Address nereida.haines@r2tinc.com
Page 16 of 17 E-Verify MOU for Employers l Revision Date 06/01/13
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iGfi i)11i1
Company ID Number: 107167
Page intentionally left blank
Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
CM)
Our Licenses
R Ron DeSantIs,Governor Halsey Beshears,Secretary
dbpr
r ,, STATE OF FLORIDA
L'',-•DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
THE UNDERGROUND UTILITY&EXCAVATION CO HEREIN IS CERTIFIED UNDER THE
PROVISIONS OF CHAPTER 489,FLORIDA STATUTES
I
tot
jr
r
AJY,GEORGE 5 5
R2T,INC.
500 VILLAGE SQUARE CROSSING
SUITE#202
PALM BEACH GARDENS FL 33410
LICENSE NUMBER:CUC1224943
EXPIRATION DATE: AUGUST 31,2022
Always verify licenses online at MyFloridaLicense.com
EIMVX El
1.4 Do not alter this document in any form.
t' " This Is your license.It is unlawful for anyone other than the licensee to use this document.
W.! "'
Ron DeSantls,Governor Halsey Beshears,Secretary
i r
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE
PROVISIONS OF CHAPTER 489,FLORIDA STATUTES
STEFFEN, MICHAEL MARK
R2T,INC.
580 WEST CROSSVILLE ROARD STE 101
ROSWELL GA 30075
P LICENSE NUMBER:CGC057893
EXPIRATION DATE: AUGUST 31,2022
Always verify licenses online at MyFloridaLicense.com
S Y
k1 '+,i Do not alter this document in any form.
rj m t
R This is your license.It is unlawful for anyone other than the licensee to use this document.
14 J RIvGRTOTAP
State of Florida
Department of State
I certify from the records of this office that R2T, INC. is a Georgia corporation
authorized to transact business in the State of Florida, qualified on June 9, 2005.
The document number of this corporation is F05000003590.
I further certify that said corporation has paid all fees due this office through
December 31, 2021, that its most recent annual report/uniform business report
was filed on March 12, 2021, and that its status is active.
I further certify that said corporation has not filed a Certificate of Withdrawal.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this
the Twelfth day of April, 2021
iy
N
lt,r14;41‘*.'P..;VrVq!lt.44111W
Secretary of State
Tracking Number: 8087723808CU
To authenticate this certificate,visit the following site,enter this number,and then
follow the instructions displayed.
https://services.sunbiz.org/Filings/CertificateOfstatus/CertificateAuthentication
DBPR-R2T,INC.,Registry https://www.myfloridalicense.com/LicenseDetail.asp?SID=&id=A785F...
2:19:56 PM 4/12/2021
Licensee Details
Licensee Information
Name: R2T, INC. (Primary Name)
Main Address: 580 WEST CROSSVILLE ROAD
SUITE 101
ROSWELL Georgia 30075
License Mailing: 580 W CROSSVILLE ROAD
SUITE 101
ROSWELL GA 30075
LicenseLocation:
License Information
License Type: Registry
Rank:Registry
License Number: 26505
Status: Current
Licensure Date: 07/15/2005
Expires:
Special Qualifications Qualification Effective
Alternate Names
View Related License Information
View License Complaint
2601 Blair Stone Road,Tallahassee FL 32399 :: Email:Customer Contact Center:: Customer Contact Center: 850. 487.1395
The State of Florida is an AA/EEO employer.Copyright 20QZ-2010 Stateof Florida,Privacy_ tatenyent
Under Florida law,erreil addresses are public records. If you do not want your email address released in response to a public-records
request,do not send electronic mail to this entity.Instead,contact the office by phone or by traditional mail. If you have any questions,
please contact 850.487.1395. *Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012, licensees licensed under
Chapter 455,F.S. must provide the Department with an email address if they have one.The emails provided may he used for official
communication with the licensee. However email addresses are public record.If you do not wish to supply a personal address, please
provide the Department with an email address which can be made available to the public.
1 of 1 4/12/2021,2:20 PM
Form W-9 Request for Taxpayer Give Form to the
Rev.November 2017) 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.
I Name(as shown on your income tax return).Name is required on this line;do not leave this line blank.
R2T,Inc.
2 Business name/disregarded entity name,if different from above
m 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
ei following seven boxes.certain entities,not individuals;see
itira, instructions on page 3):
o Individual/sole proprietor or 0 C Corporation S Corporation 0 Partnership 0 Trust/estate
re single-member LLCriCExemptpayeecode(if any)
Z.u Limited liability company.Enter the tax classification(C= C corporation,S=S corporation,P=Partnership)
p 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 reporting
m LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is
y)4 S.another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that cafe(if an
U
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
a Other(see instructions) ewers m iee.rn mam.rd Dina.Me u.s:
y 5 Address(number,street,and apt.or suite no.)See Instructions. Requester's name and address(optional)
n 580 W.Crossville Rd,Suite 101
6 City,state,and ZIP code
Roswell,GA 30075
7 List account numbers)hem(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 Soclai security number 1
backup withholding.For Individuals,this is generally your social security number(5514).However,for a 1residentalien,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 e
TIN,later.or
Note:If the account Is in more than one name,see the instructions for line 1,Also see What Name and [Employer identification number
Number To Give the Requester for guidelines on whose number to enter.
2 0 - 2 8 3 5 1 4 9
Pa 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,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later.
Sign signature of /t 7 fl 1/23/2fl2OHereU.S.person Date
General Instructs ns Form 1099-DIV(dividends,Including those from stocks or mutual
funds)
Section references are to the Internal Revenue Code unle> of _swiss
Form 1099-MISC(various types of income,prizes,awards,or grossnoted.
proceeds)
Future developments.For the latest Information about developments •Form 1099-8(stock or mutual fund sales and certain other
related to Form W-9 and Its instructions,such as legislation enacted transactions by brokers)
after they were published,go to www.lrs.govlFormW9, 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 109E-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 o1 secured property)
taxpayer identification number(Al1N),or employer Identification number Use Form W-9 only if you are a U.S.person(including a residentEIN),to report on an information return the amount paid to you,or other
elien),to provide your correct TIN.amount reportable on an information return.Examples of information
returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a 77N,you might
form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding.
later.
Cat.No.10231X Form W-9(Rev.11.2017)
0
EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name Personnel Category
Andrew Czysz Construction Superintendent
Michael Steffen Project Manager
William (Bim) Pope General Superintendent
JT Kohrman Construction Manager
10
Construction Services Agreement:Revised 01.28.21 (v10)
C
Marsh&McLennan Agency LLC
000 MARSH & MCLENNAN 47 Postal Pkwy.
AGENCY Newnan,GA 30263-2885
770-683-1000
www.marshmma.com
September 29, 2021
The Board of County Commissioners of Collier County, FL
3295 Tamiami Trail East, Bldg, C-2
Naples, FL 34112
RE: R2T, Inc.
Bond No.: 2161083 — NCRWTP Chemical Bulk Tank Replacement
To Whom It May Concern:
This letter is authorizing The Board of County Commissioners of Collier County, FL
to date the above referenced Performance and Payment Bonds the same date of the
Agreement/Contract (after the Agreement/Contract is executed).
If you have any questions, please feel free to call.
Thank you,
F
J Erik McMi hael
Attorney-in-Fact for Great American Insurance Company
EXHIBIT B-1: PUBLIC PAYMENT BOND
21-7912
Bond No. 2161083
Contract No. 21-7912
KNOW ALL MEN BY THESE PRESENTS: That R2T, Inc.
500 Village Square Crossing, Ste. 202. Palm Beach Springs, FL as Principal, and
Great American Insurance Company as Surety,
located at 301 East 14th St., Cincinnati, OH 45202 Business
Address) are held and firmly bound to The Board of County Commissioners of Collier County,FL as Obligee in the
sum of Five Hundred Nineteen Thousand Five Hundred Fifty Six and 00/100 519,556.00 ) for the
payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the yu, day oft)k='
20 ,) , with Obligee for NCRWTP Chemical Bulk Tank Replacement in
Collier County, FL accordance with drawings and specifications, which contract is
incorporated by reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains
in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect Sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this 29th day of
September 2021 , the name of each party being affixed and these presents duly signed
by its under-signed representative, pursuant to authority of its governing body.
11
Construction Services Agreement:Revised 01.28.21 (v10)
CPO
Signed, sealed and delivered
in the presence of:
PRINCIPAL
0.0 111111,11i
1 h`11 (_1—, R2T, Inc.4,.9T ... C %,,,,'
UMW Gv;;o r .
BY: o
Witnesses as to Principal NAME: "( (,.reG6 ,Q SEALiL
ITS: V,?.e Es 2005
STATE OF 1760 (A UR1C \.`
COUNTY OF -tuc..t tr.r 1 `
The foregoing instrument was acknowledged before me by means of .® physical presence or D
onlinee/ notarization, this ?)p day of ic„+jag„ 20 tar - , by
Ec L'Gg AT/ a V. '{F'sr.0 EN"T
of c* a gfir)c-qq i ci corporation, on
behalf of the corporation. He/she is personal! krfdwn to me OR has produced
Prso,, . c as identification and did (did not)
take an oath.
My Commission Expires: O5/)y/ 03
NAB Sigrature of Notary Public)
c NorgRy'
i,
p NAME: kA /Ct /1 CL/i liiJ/
O cA l z'= Legibly Printed)
AFFIX OFFICIAL SOlyiy•..........'G ,s Notary Public, State of Cry/ /4-
GEOR Commission No.:G f- CC5.7O s
ATTEST: SURETY:
Great American Insurance Company
Printed Name)
301 East 14th St
Cincinnati, OH 45202
Business Address
Authorized Signature)
Witnesses to Surety Printed Name)
12
Construction Services Agreement:Revised 01.28.21 (v10)
CM)
OR
Suzanne atman 1-•'.As ttorney in act 1AachPowerofAttorney) t`
1 J Erik McMichael
10
Witnesses Holland Bickel Printed Name)
47 Postal Parkway
Newnan, GA 30263
Business Address)
800 226-4520
Telephone Number)
STATE OF Georgia
COUNTY OF Coweta
The foregoing instrument was acknowledged before me by means of 2/physical presence or
online notarization, this 29th day of September 20 21 , by
J Erik McMichael as Attorney-in-Fact
of Great American Insurance Company , an Ohio corporation, on
behalf of the corporation. He/gtsx is personally known to me OR has produced
as identification and did (did not)
take an oath.
My Commission Expires: December 10, 2022 L
Signature of Notary Public)
Name: Michelle S. Deligne
Legibly Printed)
AFFIX OFFICIAL SEAL) `
1,,,, Notary Public, State of: Georgia
s. DE0C., Commission No.: N/A
rr '- Fiuc;,.Jam.:
y,1
13
Construction Services Agreement:Revised 01.28.21 (v10)
EXHIBIT B-2: PUBLIC PERFORMANCE BOND
21-7912
Bond No. 2161083
Contract No. 21-7912
KNOW ALL MEN BY THESE PRESENTS: That R2T, Inc.
as Principal, and Great American Insurance Company
as Surety, located at
301 East 14th St., Cincinnati, OH 45202
Business Address) are held and firmly bound to
The Board of County Commissioners of Collier County, FL , as Obligee in the sum of
Five Hundred Nineteen Thousand Five Hundred Fifty Six and 00/100
519,556.00 for the payment whereof we bond ourselves, our heirs, executors, personal
representatives, successors and assigns,jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the L' day of
na 20 t.\ , with Obligee for
NCRWTP Chemical Bulk Tank Replacement in
accordance with drawings and specifications, which contract is incorporated by reference and
made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
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 29th day of
September 2021 , the name of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
14
Construction Services Agreement:Revised 01.28.21 (v10)
Signed, sealed and delivered
in the presence of: PRINCIPAL 441411111,/j,`
2T INC '%ki l- 12 LY A R2T, Inc.P•.......... %,
k. ,
fc • p;iPORgT .
BY:
fWitnessesastoPrincipal i SEAL
NAME: o2CC ,d3`/
ITS: V,1 S,oe."f-z
2045
STATE OF ill 7t Ci 10Y:0\%Gc(A l/r,lll 4
COUNTY OF 1.-111:110,.._,
The foregoing instrument was acknowledged before me by means of (2 physical presence or
online notarization, this So day of SP,p-4e,rn jam_20 2), by
G6.de6E .4 as V,T .S D gicir
of ,PST Ti..1< a co r-yy c . corporation, on
behalf of the o poration. He/she is(person krrbwn to me OR has produced
so>, as identification and did (did not)
take an oath.
My Commission Expires: Qb/,19/2 )2c
Signature of Notary Public)
Name: XL idp4/a /7/0...,2,-//2`L
0T AR -,— ; (Legibly Printed)
E. ~ :004/ 4fy : Z
AFFIX OFFICIAL SEAtp P.
E}
Ai iss C D = Notary Public, State of: ?,/)/ >(
n:
9,?Fs0 Commission No.: /1„/ - /7C1 '> C)(/l.1
BOG•• s
ti:
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GEOR ,
15
Construction Services Agreement:Revised 01.28.21 (v10)
C
ATTEST: SURETY:
Great American Insurance Company
Printed Name)
301 East 14th St.
Cincinnati, OH 45202
Business Address)
Authorized Signature)
Witnesses as to Surety Printed Name)
OR
CZ 4'11,1({ / G61•5,41
Suzanr Yeatman A ttorne in FactMachPowerofAttorney)
5 J Erik McMichael
e ....... .ice
Witnesses Holland Bickel Printed Name)
47 Postal Parkway
Newnan, GA 3026 3
w„12W,.
Business Address)
800 226-4520
Telephone Number)
STATE OF Georgia
COUNTY OF Coweta
The foregoing instrument was acknowledged before me by means of "physical presence or
online notarization, this 29th day of September 2021 , by
J Erik McMichael as Attorney-in-Fact
of Great American Insurance Company , an Ohio corporation, on
behalf of the corporation. He/slat is personally known to me OR has produced
as identification and did (did not)
take an oath.
My Commission Expires: December 10, 2022 t. C r
Signature of Notary Public)
s.,
111I1I1`,
Michelle S. Deligne
v.E.S. DF ., Legibly Printed)
cl‘ n
AFFIX OFFICIAL SSA } EXPIRES . r Notary Public, State of: Georgia
GEORGIA : Commission No.: N/A
DEC.10,2022
OD UB • ,
S
01"t A CCJ_ 16
0 Construction Services Agreement:Revised 01.28.21 (v10)
I1P,,I1y,.
t
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GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than FOUR
No.0 21343
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing underandbyvirtueofthelawsoftheStateofOhio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than
one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds,
undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of PowerSUZANNEYEATMANALLOFALL
JENNIFER S. FREEMAN NEWMAN,GEORGIA 100,000,000
J.ERIK MCMICHAEL
MICHELLE DELIGNE
This Power of Attorney revokes all previous po«ers issued on behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriateofficersanditscorporatesealhereuntoaffixedthis23RDdayofJULY2019
Attest GREAT AMERICAN iNSU ANCE COMPANY
L-
Tv ° N,Iezr)H•
Assistant Sn<unary Dirisianul Senior Ike President
STATE OF OHIO,COUNTY OF I IAMILTON-ss: MARK VICARIO(877- 377-2405)
On this 23RD day of JULY 2019 ,before me personally appeared MARK V ICARIO,to me known,
being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American
Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the
said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name theretobylikeauthority.
Susan A Kohorst
r r Notary Pubic,Stabs of Ohio a /4,,MY Commission Expires 06.16.2020
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance CompanybyunanimouswrittenconsentdatedJune9,2008.
RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice
Presidents,or any one of their, be and hereby is author-Led,from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company.as surety,any and all bonds,undertakings and contracts ofsurett•ship,or other written obligations in the nature thereof to prescribe their respective duties and
the respective limits of their authority;and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution qf any bond, undertaking, c•onti•ac•t of suretyship,
or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of suchofficerandtheoriginalsealoftheCompany,to be valid and binding upon the Company with the same farce and effect as though manually affixed.
CERTIFICATION
I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney andtheResolutionsoftheBoardofDirectorsofJune9,2008 have not been revoked and are now in full force and effect.
Signed and sealed this 29th day of September 2021 .
e 3
Assistant Secretary
S1029AG(07/18)
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 01.28.21 (v10)
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4(-
1!
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.
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Construction Services Agreement:Revised 01.28.21 (v10)
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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
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Construction Services Agreement:Revised 01.28.21 (v10)
CAG
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. 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
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Construction Services Agreement:Revised 01.28.21 (v10)
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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.:
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Construction Services Agreement:Revised 01.28.21 (v10)
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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 Chan.e Orders to Date:
Revised Contract Amount:
Total Value of Work Completed & $
Stored to Date:
Retainage @5%through $ 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 0/0
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:
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Construction Services Agreement:Revised 01.28.21 (v10)
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EXHIBIT D(Continued) SCHEDULE OF VALUES
Project Name: Project Number:
Date:
Period To:
ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 5% _% TOTAL
NUMBER VALUE MATERIALS COM PLb tu COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE
PREVIOUS APPLICATIONS THIS STORED rewced,xe) WITHHELD
THRU DATE SINCE DATE PERIOD TO DATE
vf,c, 20511.
TOTALS
Explanation forthe 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 comes 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 retalnage.
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Construction Services Agreement:Revised 01.28.21 (v10)
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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
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Construction Services Agreement:Revised 01.28.21 (v10)
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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
Contracts: Change*: Purchase Order*: Project*:
Contractor)Firm Name: Project Name:
Project Manager Name Department:
Original ContractWcrt Oder Amount iginal BCC Apprmeal Date;Agenda Item#
Current BCC Approved Amount Last BCC Approval Date Agenda'tern*
Current CcntactW ar#r Order Amount SAP Contract Expiration Date(Master)
Dotter Antcuntof the Change r DIV.3 Total Change from€rigirai Amount
Revised ContractWoit Order Total _ 0.30 f43lV./0! Change from Crrrent BCC Apprcued Amount
Cumulative C hanges 0.30 DIVI0! Charge from Current Amount
Completion Date,Description of the Task(s)Change,and Rationale for the Change
Notice to Proceei Original Last Approved Revised Date
Date Completion Da= Date inotidesttisorange
Hof Days Added Select Tasks Add new task(s( 0 Delete task(s) 0 Changetask(s) Other see !
Provide a response to the fo lowing:1.)detailed and specific explanation/rationale of the requested change'ls(to the tasks)and!or
the addition al days.added(if requested):2.)why this change was not included in theorigirral contract:and,3.)describe the i m pad if
this change is not processed. Auacr acortora!inform at from the Desg-Professional arcror Contractor if reesea.
Prepared by Dale:
Project klasa_er Name= _ _'_c^.rnent)
Acceptance of theChar e e•s sP 3:7_ts a modificationtocontract work order dentrfsesataueand Will besubjectto sill hresame
terms and conditions ascorts-_: =_-:'act work order indicated above,asfullyesiFtre same were stated:r this acceptance. The
adjustment.if any,to the Conrad=._ 5.:lute aLiland final settlement of any ano all claims of the Contractor:Vendor Cons dkarn
Design Professional arising out of or relates to the charge set forth herein,including claims for imp s and delay costs.
Accepted by: Date:
Contractor:Vendor I Consultant Design Prof essional and Name of Firm,itprojectapphcab )
Approved by: Date:
Design Profess lanai and Name of Firm,if project applicable;,.
Approved by: Date:
Procurement Professional
25
Construction Services Agreement:Revised 01.28.21 (v10)
CM)
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:
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Construction Services Agreement:Revised 01.28.21 (v10)
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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
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Construction Services Agreement:Revised 01.28.21 (v10)
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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)
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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.
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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
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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
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CM)
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
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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.
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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
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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
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CAO
e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes,
corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The
As-Built" record documents, together with all approved samples and a counterpart of all approved
shop drawings shall be available to the Project Manager or Design Professional for reference. Upon
completion of the Work and as a condition precedent to Contractor's entitlement to final payment,
these "As-Built" record documents, samples and shop drawings shall be delivered to Project
Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation, which concern or relate to
the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement
or the date the Project is completed or such longer period as may be required by law, whichever is
later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those
contractual requirements in 119.0701(2)(a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Division of Communications, Government and Public Affairs
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequestAcolliercountyfl.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.
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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
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Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the
manner as Owner and Contractor shall mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change,
Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work
Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by
Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make
a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any
claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount, the amount
of the increase shall be limited to the Contractor's reasonable direct labor and material costs and
reasonable actual equipment costs as a result of the change (including allowance for labor burden
costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such
change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all
overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs
and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent
15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and
home office overhead is included in the markups noted above. No markup shall be placed on sales
tax, shipping or subcontractor markup.
10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right
to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim
with respect to Contractor's costs associated with any Payment Application, Change Order or Work
Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not involving
an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with
the intent of the Contract Documents. Such changes may be effected by Field Order or by other
written order. Such changes shall be binding on the Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County procurement
ordinance and policies and Administrative Procedures in effect at the time such modifications are
authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation
of the terms of the Contract 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.
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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
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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, including the
requirements set forth in Florida Statute, §448.095.
The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-
based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier
County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional
services and construction services.
Exceptions to the program:
Commodity based procurement where no services are provided.
Where the requirement for the affidavit is waived by the Board of County Commissioners
Contractors/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
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they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents.
If the Bidder/Contractor does not comply with providing both the acceptable E-Verify
evidence and the executed affidavit the bidder's/Contractor's proposal may be deemed non-
responsive.
Additionally, Contractors shall require all subcontracted Contractors to use the 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
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Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by
Subcontractors.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such default shall be
considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in
this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time
specified herein; or (2) fails to properly and timely perform the Work as directed by the Project
Manager or as provided for in the approved Progress Schedule; or(3) performs the Work unsuitably
or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume
Work which has been suspended within a reasonable time after being notified to 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.
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18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and
all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by
Owner in good faith under the belief that such payments or assumptions were necessary or required,
in completing the Work and providing labor, materials, equipment, supplies, and other items therefore
or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits,
and judgments pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is
determined for any reason that Contractor was not in default, or that its default was excusable, or
that Owner is not entitled to the remedies against Contractor provided herein, then the termination
will be deemed a termination for convenience and Contractor's remedies against Owner shall be the
same as and limited to those afforded Contractor under Section 19 below.
18.6 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.
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20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its
intended use, Contractor shall notify Project Manager in writing that the entire Work (or such
designated portion) is substantially complete.Within a reasonable time thereafter, Owner, Contractor
and Design Professional shall make an inspection of the Work (or designated portion thereof) to
determine the status of completion. If Owner, after conferring with the Design Professional, does
not consider the Work (or designated portion) substantially complete, Project Manager shall notify
Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project Manager
shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the
date of Substantial Completion for the entire Work (or designated portion thereof) and include a
tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner
shall have the right to exclude Contractor from the Work and Project site (or designated portion
thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable
access to complete or correct items on the tentative punch-list. The Project Manager, shall
coordinate with the Contractor the return of any surplus assets, including materials, supplies, and
equipment.
20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Project Manager and
Design Professional will make such inspection and, if they find the Work acceptable and fully
performed under the Contract Documents shall promptly approve payment, recommending that, on
the basis of their observations and inspections, and the Contractor's certification that the Work has
been completed in accordance with the terms and conditions of the Contract Documents, that the
entire balance found to be due Contractor is due and payable. Neither the final payment nor the
retainage shall become due and payable until Contractor submits:
1) Receipt of Contractor's Final Application for Payment.
2) The Release and Affidavit in the form attached as Exhibit C.
3) Consent of surety to final payment.
4) Receipt of the final payment check list.
5) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipts, releases and waivers of liens, arising out of the Contract
Documents, to the extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
Work's acceptability, even though the Design Professional may have issued its recommendations.
Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall
become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any
subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to
be incorporated into the Project. Contractor warrants to Owner that any materials and equipment
furnished under the Contract Documents shall be new unless otherwise specified, and that all Work
shall be of good quality, free from all defects and in conformance with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturers,fabricators, suppliers or processors
except as otherwise provided for in the Contract Documents. If, within one (1)year after Substantial
Completion, any Work is found to be defective or not in conformance with the Contract Documents,
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Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also
be responsible for and pay for replacement or repair of adjacent materials or Work which may be
damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner
may commence to correct any defective Work, without prior notice to Contractor, at Contractor's
expense. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another
representative of the Owner, shall conduct an inspection of the warranted work to verify compliance
with the requirements of the Agreement. The Contractor's Representative shall be present at the
time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection.
Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify
the Contractor from future bid opportunities with the Owner, in addition to any other rights and
remedies available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and employees, and
governmental agencies with jurisdiction over the Project shall have access at all times to the Work,
whether the Work is being performed on or off of the Project site, for their observation, inspection
and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall
provide Project Manager with timely notice of readiness of the Work for all required inspections,tests
or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public
authority having jurisdiction over the Project requires any portion of the Work to be specifically
inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in
connection therewith and furnish Project Manager the required certificates of inspection, testing or
approval. All inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the Project Manager.
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.
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23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any warranties made
or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager,
Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or
completed, or if the defective Work has been rejected by Project Manager, remove it from the site
and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential
costs of such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold Owner
harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be observed
by Design Professional or inspected or tested by others and such Work is not otherwise required to
be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise
make available for observation, inspection or tests as Project Manager may require, that portion of
the Work in question, furnishing all necessary labor, material and equipment. If it is found that such
Work is defective, Contractor shall bear all direct, indirect and consequential costs of such
uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction
including, but not limited to, fees and charges of engineers, architects, attorneys and other
professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If,
however, such Work is not found to be defective, Contractor shall be allowed an increase in the
Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering,
exposure, observation, inspection, testing and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers,
suitable materials or equipment or fails to finish or perform the Work in such a way that the completed
Work will conform to the Contract Documents, Project Manager may order Contractor to stop the
Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project
Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein
shall be construed as obligating the Project Manager to exercise this right for the benefit of Design
Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept
defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential
costs attributable to the Owner's evaluation of and determination to accept defective Work. If such
determination is rendered prior to final payment, a Change Order shall be executed evidencing such
acceptance of such defective Work, incorporating the necessary revisions in the Contract
Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts
such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to
correct defective Work or to remove and replace rejected defective Work as required by Project
Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents,
Owner may, after seven (7) days written notice to Contractor, correct and remedy any such
deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event
of an emergency. To the extent necessary to complete corrective and remedial action, Owner may
exclude Contractor from any or all of the Project site, take possession of all or any part of the Work,
and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances,
construction equipment and machinery at the Project site and incorporate in the Work all materials
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and equipment stored at the Project site or for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives,
agents, and employees such access to the Project site as may be necessary to enable Owner to
exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs
of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents, including
an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall
include, but not be limited to, fees and charges of engineers, architects, attorneys and other
professionals, all court costs and all costs of repair and replacement of work of others destroyed or
damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not
be allowed an extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work
competently and efficiently, devoting such attention thereto and applying such skills and expertise
as may be necessary to perform the Work in accordance with the Contract Documents. Contractor
shall be responsible to see that the finished Work complies accurately with the Contract Documents.
Contractor shall keep on the Work at all times during its progress a competent resident
superintendent, who shall be subject to Owner's approval and not be replaced without prior written
notice to Project Manager except under extraordinary circumstances. The superintendent shall be
employed by the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent shall be as
binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and
replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1
is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are
assigned to the Project; such identified personnel shall not be removed without Owner's prior written
approval, and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times whenever
contractor's work crews, or work crews of other parties authorized by the Project Manager are
engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply
with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's
monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project
supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages
described in Section 5.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.
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25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional
with respect to the Project. If Contractor,or its subcontractors, agents or anyone for whom Contractor
is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall
immediately notify Project Manager and Design Professional. The Owner or Design Professional
shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner
associated therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the Work or
property at the Project site or adjacent thereto, Contractor,without special instruction or authorization
from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor
knew or should have known of the occurrence of the emergency, if Contractor believes that any
significant changes in the Work or variations from the Contract Documents have been caused
thereby. If the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be issued to
document the consequences of the changes or variations. If Contractor fails to provide the forty-eight
48) hour written notice noted above, the Contractor shall be deemed to have waived any right it
otherwise may have had to seek an adjustment to the Contract Amount or an extension to the
Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment
and the operations of workers to the Project site and land and areas identified in and permitted by
the Contract Documents and other lands and areas permitted by law, rights of way, permits and
easements, and shall not unreasonably encumber the Project site with construction equipment or
other material or equipment. Contractor shall assume full responsibility for any damage to any such
land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting
from the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage, injury
or loss to:
28.1. 1 All employees on or about the project site and other persons and/or organizations
who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein, whether in
storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks,
pavements, roadways, structures, utilities and any underground structures or improvements not
designated for removal, relocation or replacement in the Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of
any public body having jurisdiction for the safety of persons or property or to protect them from
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damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety
and protection. Contractor shall notify owners of adjacent property and of underground structures
and improvements and utility owners when prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation or replacement of their property.
Contractor's duties and responsibilities for the safety and protection of the Work shall continue until
such time as the Work is completed and final acceptance of same by Owner has occurred.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time basis at the
Project site whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to Owner.
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;
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4
28.5.7 When requested, Contractor shall cooperate with any ongoing Owner
investigation involving personal injury, economic loss or damage to Owner's facilities or personal
property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on Owner's
property. Friends, family members or other visitors of the Employees are not permitted on Owner's
property; and
28.5. 9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said regulations
and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with
the Project Manager, Design Professional and others as appropriate to discuss the Progress
Schedule, procedures for handling shop drawings and other submittals, and for processing
Applications for Payment, and to establish a working understanding among the parties as to the
Work. During the prosecution of the Work,the Contractor shall attend any and all meetings convened
by the Project Manager with respect to the Project, when directed to do so by Project Manager or
Design Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project Manager.
30. VENDOR PERFORMANCE EVALUATION.
Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY.
For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide
and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation's Design Standards(DS), where applicable on 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
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CAO
be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner,
Contractor shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax
and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct
purchases of various construction materials and equipment included in the Work("Direct Purchase").
Contractor shall prepare purchase orders to vendors selected by Contractor,for execution by Owner,
on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase
orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate
with Owner in implementing this sales tax savings program in order to maximize cost savings for the
Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the
amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be
processed promptly after each Direct Purchase, or group of similar or related Direct Purchases,
unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct
Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all Direct
Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges
and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty
to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of
the Contract Documents. In the event Owner makes a demand against Contractor with respect to
any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all
warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct
Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax
under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes.
33. SUBCONTRACTS.
33.1 Contractor shall review the design and shall determine how it desires to divide the sequence
of construction activities. Contractor will determine the breakdown and composition of bid packages
for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy
of that breakdown and composition to Owner and Design Professional for their review and approval
prior to submitting its first Application for Payment. Contractor shall take into consideration such
factors as natural and practical lines of severability, sequencing effectiveness, access and availability
constraints, total time for completion, construction market conditions, availability of labor and
materials, community relations and any other factors pertinent to saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing
any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible
for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work
Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and
shall review the costs of those proposals and advise Owner and Design Professional of their validity
and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change
Order from Owner. All Subcontractors performing any portion of the Work on this Project must be
qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the
capability in all respects to perform fully the Agreement requirements with respect to its portion of
the Work and has the integrity and reliability to assure good faith performance.
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33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by
Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing
information and phone numbers, it intends to utilize for the Project prior to entering into any
subcontract or purchase order and prior to the Subcontractor commencing any work on the Project.
The list identifying each Subcontractor cannot be modified, changed, or amended without prior
written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor
must be approved in writing by Owner in its sole discretion prior to commencement of such work.
Contractor shall continuously update that Subcontractor list, so that it remains current and accurate
throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if
Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with
anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every
Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log
of all such licenses.All subcontracts and purchase orders between Contractor and its Subcontractors
shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing
by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents,
as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide
for the assignment of the subcontract or purchase order from Contractor to Owner at the election of
Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party
of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an
additional insured on all liability insurance policies required to be provided by the Subcontractor
except workman's compensation and business automobile policies, (5) assign all warranties directly
to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or
purchase order. Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be
bound. Each Subcontractor shall similarly make copies of such documents available to its sub-
subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site)
supervision through a named superintendent for each trade (e.g., general concrete forming and
placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or
purchase order. In addition, the Subcontractor shall assign and name a qualified employee for
scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor
including field superintendent, foreman and schedulers at all levels) must have been employed in a
supervisory(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience for each
employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders
shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the
subcontract or purchase order caused by events beyond its control, including delays claimed to be
caused by Owner or Design Professional or attributable to Owner or Design Professional and
including claims based on breach of contract or negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in
the contract sum are limited exclusively to its actual costs for such changes plus no more than 10%
for overhead and profit.
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33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor
to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and
changes in the Work and thus eliminate any other remedies for claim for increase in the contract
price, damages, losses or additional compensation. Further, Contractor shall require all
Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and
purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the
manner in which Contractor must submit such claims to Owner, and that failure to comply with such
conditions for giving notice and submitting claims shall result in the waiver of such claims.
34. CONSTRUCTION SERVICES.
34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all
Project files and records, including, but not limited to, the following administrative records:
34.1.1 Subcontracts and Purchase Orders
34.1.2 Subcontractor Licenses
34.1.3 Shop Drawing Submittal/Approval Logs
34.1.4 Equipment Purchase/Delivery Logs
34.1.5 Contract Drawings and Specifications with Addenda
34.1.6 Warranties and Guarantees
34.1.7 Cost Accounting Records
34.1.8 Labor Costs
34.1.9 Material Costs
34.1.10 Equipment Costs
34.1.11 Cost Proposal Request
34.1.12 Payment Request Records
34.1.13 Meeting Minutes
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
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Construction Services Agreement:Revised 01.28.21 (v10)
0
The Project files and records shall be available at all times to Owner and Design Professional or their
designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update on the
Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per
contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule
to be determined by the County Manager or his designee. Prior to the scheduled presentation date,
the Contractor shall meet with appropriate County staff to discuss the presentation requirements and
format. Presentations may include, but not be limited to, the following information: Original contract
amount, project schedule, project completion date and any changes to the aforementioned since
Notice to Proceed was issued.
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(a 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
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Construction Services Agreement:Revised 01.28.21 (v10)
construction, engineering and inspection (CEI) services. Additionally, any project with an estimated
construction value of$2 million or more may be reviewed for VE at the discretion of the County.
38. 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.
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EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
NIA"
56
Construction Services Agreement:Revised 01.28.21 (v10)
C
Client#: 653633 R2TINC1
ACORDre CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
9/22/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Amber Zell
Marsh &McLennan Agency LLC PHONE FAX
P.O. Box 71429 E ALo,Eat):770-683-1000 A/C,No): 770-683-1010
ADDREss: amber.zell@marshmma.com
47 Postal Parkway
INSURER(S)AFFORDING COVERAGE NAIC#Newnan, GA 30271-1429
INSURER A:Transportation Insurance Company 20494
INSURED
INSURER B:Continental Casualty Company 20443
R2T, Inc.
INSURER C:Columbia Casualty Company 31127
580 W.Crossville Road
The Continental Insurance Company 35289
Suites 101-102
INSURERD: P y
Roswell,GA 30075
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXPLTRTYPEOFINSURANCEINSRWVDPOLICYNUMBERMM/DD/YYYY) (MM/DD/YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY X X 5084059559 07/28/2021 07/28/2022 EACH OCCURRENCEECp 1,000,000
CLAIMS-MADE X OCCUR PEREM occur ante) $100,000
MED EXP(Any one person) $15,000
PERSONAL&ADV INJURY $1,000, 000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
PRO-
POLICY JECT LOC PRODUCTS-COMP/OP AGG $2,000,000
OTHER:
D AUTOMOBILE LIABILITY X X 2095995258 07/28/2021 07/28/2022 COMBINED NGLE LIMITEaaccident)
SI 1,000,000
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED
BODILY INJURY(Per accident) $AUTOS ONLY AUTOS
HIREDNON-OWNED PROPERTY DAMAGEXAUTOSONLY
v
AUTOS ONLY Per accident)
A x UMBRELLA LIAB X OCCUR 5084059478 07/ 28/2021 07/28/2022 EACH OCCURRENCE 6,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE 6,000, 000
DED X RETENTION$10000
B WORKERS COMPENSATION X 5084059514 07/ 28/2021 07/28/2022 X 'MUTEEMPLOYERS'LIABILITY Y/NA
STATUTE ER
OFFICY / BE ECLUDED
PROPRIETOR/PARTNER/EXECUTIVE
y NIA E.L.EACH ACCIDENT 1,000, 000
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 _
C Professional/Poll CZB591951191 07/28/2021 07/28/2022 $2,000,000/$2,000,000
A Rented/Leased Eqp 5084059559 07/28/2021 07/28/2022 $2,000,000/$2,000, 000
D Hired/Phys Damage 2095995258 07/28/2021 07/28/2022 $1,000/Comp/Cola Ded
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
GL)Additional Insured/Primary and Non-Contributory and Waiver of Subrogation per Forms CNA748580115 and
CNA749870115.
CAU)Additional Insured/Primary and Non-Contributory per Form CA20481013 and CNA63359GA0512.
CAU)Waiver of Subrogation per Form CA04441013
WC)Waiver of Subrogation per Form WC0003130484
See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
Colliers County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
3295 Tamiami Trail E C-2
Naples, FL 34112 AUTHORIZED REPRESENTATIVE
P'ta.7?
1988-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD
58718613/M8552891 JJSXT
DESCRIPTIONS (Continued from Page 1)
Re: Project#21-792-Job: NCRWTP Chemical Bulk Tank Replacement
Full certificate holder: Colliers County Board of County Commissioners, or Board of County Commissioners in
Collier County, Collier County Government,or Collier County,
30 Day Notice as per Insurer specific form to be listed upon policy issuance.
SAGITTA 25.3(2016/03) 2 of 2
S8718613/M8552891
CNA CNA PARAMOUNT
Primary and Noncontributory - Other Insurance
Condition Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
It is understood and agreed that the condition entitled Other Insurance is amended to add the following:
Primary And Noncontributory Insurance
Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other
insurance available to an additional insured under this policy provided that:
a. the additional insured is a named insured under such other insurance; and
b. the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and
would not seek contribution from any other insurance available to the additional Insured.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and
expires concurrently with said Policy,
IMPS
ENE
CNA74987XX(1-15) Policy No: 5084059559
Page 1 of 1 Endorsement No: 14
AMERICAN CASUALTY CO OF READING,PA Effective Date: 07 28 2021
Insured Name:R2T, INC.
Copyright CNA All Rights Reserved Includes copyrighted material of Insurance Services Office.Inc..with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
it is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART
as follows. If any other endorsement attached to th s policy amends any provision also amended by this endorsement,
then that other endorsement controls with respect to such prov sion, and the changes made by this endorsement with
respect to such provision do not apply.
TABLE OF CONTENTS
1. Additional Insureds
2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance
3. Additional Insured-Extended Coverage
4. Boats
5. Bodily Injury-Expanded Definition
6. Broad Knowledge of Occurrence!Notice of Occurrence
7. Broad Named Insured
8. Contractual Liability-Railroads
9. Estates,Legal Representatives and Spouses
10. Expected Or Intended Injury-Exception for Reasonable Force
11. General Aggregate Limits of Insurance-Per Location
12. In Rem Actions
13. Incidental Health Care Malpractice Coverage
14. Joint Ventures/Partnership/Limited Liability Companies
15. Legal Liability-Damage To Premises
16. Liquor Liability
17. Medical Payments
18. Non-owned Aircraft Coverage
19. Non-owned Watercraft
20. Personal And Advertising Injury-Discrimination or Humiliation
21. Personal And Advertising Injury-Contractual Liability
22. Property Damage-Elevators
ma 23. Retired Partners,Members,Directors And Employees
24. Supplementary Payments
25. Unintentional Failure To Disclose Hazards
26. Waiver of Subrogation-Blanket
27. Wrap-Up Extension:OCIP,CCIP or Consolidated(Wrap-Up)insurance Programs
CNA74858XX(1-15) Policy No: 5084059559
Page 1 of 18 Endorsement No:6
AMERICAN CASUALTY CO OF READING,PA Effective Date: 07/28/2021
Insured Name: R2T, INC.
Copyright CNA All Rights Reserved Includes copyrighted material of Insurance Services Office Inc. with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs
A. through I. below whom a Named Insured rs required to add as an additional insured on this Coverage Part
under a written contract or written agreement,provided such contract or agreement:
1) is currently in effect or becomes effective during the term of this Coverage Part;and
2) was executed prior to:
a) the bodily Injury or property damage;or
b) the offense that caused the personal and advertising injury,
for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer
will not provide such additional insured with:
1) a higher limit of insurance than required by such contract or agreement;or
2) coverage broader than required by such contract or agreement,and in no event broader than that described
by the applicable paragraph A.through I.below.
Any coverage granted by this endorsement shall apply only to the extent permissible by law.
A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured,but only with respect to such person or
organization's liability for bodily injury, property damage or personal and advertising injury arising out of:
1. such person or organization's financial control of a Named Insured;or
2. premises such person or organization owns, maintains or controls while a Named Insured leases or
occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or
demolition operations performed by,on behalf of,or for such additional insured,
B. Co-owner of Insured Premises
A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect
to such co-owners liability for bodily injury, property damage or personal and advertising injury as co-owner
of such premises.
C. Engineers,Architects or Surveyors Engaged By You
An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily
injury,property damage or personal and advertising injury caused in whole or in part by the Named Insured's
acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf:
a. in connection with the Named Insured's premises;or
b. in the performance of the Named Insured's ongoing operations.
But the coverage hereby granted to such additional insureds does not apply to bodily Injury, property damage
or personal and advertising Injury arising out of the rendering of or failure to render any professional services
by,on behalf of,or for the Named Insured,including but not limited to:
CNA74858XX(1-15) Policy No: 5084059559
Page 2 of 18 Endorsement No:6
AMERICAN CASUALTY CO OF READING,PA Effective Date: 07 28 2021
Insured Name: R2T, INC.
copyright CNA All Rights Reserved Includes copyrighted material of Insurance Services Office.Inc..with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
1, the preparing, approving or failing to prepare or approve, maps. shop drawings, opinions, reports, surveys,
field orders change orders or drawings and specifications;or
2. supervisory,inspection,architectural o:eng'neering activities
D. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for
bodily injury, property damage or personal and advertising injury caused. In whole or in part, by the Named
Insured's maintenance, operation or use of such equipment. provided that the occurrence giving rise to such
bodily injury, property damage or the offense going rise to such personal and advertising injury takes place
prior to the terminaton of such lease.
E. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily
injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use
of such land, provided that the occurrence giving nse to such bodily injury, property damage or the offense
giving rise to such personal and advertising injury takes place prior to the termination of such lease. The
coverage granted by this paragraph does not apply to structural alterations, new construction or demolition
operations performed by,on behalf of,or for such add:tional insured
F. Lessor of Premises
An owner or lessor of premises leased to the Named insured,or such owner or lessor's real estate manager, but
only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of
the ownership, maintenance or use of such part of the premises leased to the Named Insured,and provided that
the occurrence giving rise to such bodily injury or property damage,or the offense giving rise to such personal
and advertising injury, takes place prior to the termination of such lease. The coverage granted by this
paragraph does not apply to structural alterations, new construction or demolition operations performed by, on
behalf of,or for such additional insured.
G. Mortgagee,Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's
liability for bodily Injury, property damage or personal and advertising injury arising out of the Named
Insured's ownership,maintenance or use of a premises by a Named Insured.
The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition
operations performed by, on behalf of,or for such additional insured.
H. State or Governmental Agency or Subdivision or Political Subdivisions—Permits
A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but
only with respect to such state or governmental agency or subd.vision or political subdivision's liability for bodily
injury,property damage or personal and advertising injury arising out of:
1. the following hazards n connection with premises a Named Insured owns, rents, or controls and to which
this insurance applies.
114
ESE a. the existence. maintenance repair, construction erection, or removal of advertising signs, awnings,
canopies, cel ar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk
vaults,street banners,or decorations and s'mitar exposures-or
b. the construction,erection,or removal of elevators:or
awl
c. the ownership,maintenance or use of any elevators covered by this insurance;or
CNA74858XX(1-15) Policy No: 5084059559
Page 3 of 18 Endorsement No:6
AMER CAN CASUALTY CO OF READING,PA Effective Date: 07/28/2021
Insured Name: R2T, INC.
Copyright CNA All Rights Reserved. Includes copyrighted n>etesial of Insurance Services Office.Inc.,with its permission.
NIA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf.
The coverage granted by this paragraph does not apply to.
a. Bodily injury,property damage or personal and advertising Injury arising out of operations performed
for the state or governmental agency or subdivision or political subdivision;or
b. Bodily injury or property damage included within the products-completed operations hazard.
With respect to this provision's requ rement that additional insured status must be requested under a written
contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the
Named Insured to add the governmental entity as an additional insured
I. Trade Show Event Lessor
1. With respect to a Named Insured's participation in a trade show event as an exhibitor,presenter or displayer,
any person or organization whom the Named Insured is required to include as an additional insured,but only
with respect to such person or organization's liability for bodily injury, property damage or personal and
advertising injury caused by
a. the Named Insured's acts or ornlss+ons:or
b. the acts or omissions of those acting on the Named Insured's behalf,
in the performance of the Named Insured's ongoing operations at the trade show event premises during the
trade show event.
2. The coverage granted by this paragraph does not apply to bodily Injury or property damage included within
the products-completed operations hazard
2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE
The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to
add the fo'lowng paragraph
If the Named Insured has agreed in writing in a contract or agreement that this insurance Is primary and non-
contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not
seek contribution from that other insurance. For the purpose of this Provision 2., the additional Insured's own
insurance means insurance on which the additional insured Is a named insured Otherwise, and notwithstanding
anything to the contrary elsewhere in this Condition the insurance provided to such person or organization is excess
of any other insurance available to such person or organization.
3. ADDITIONAL INSURED—EXTENDED COVERAGE
When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN
INSURED is amended to make the following natural persons Insureds.
If the additional insured is:
a. An individual,then his or her sppuse is an Insured;
b. A partnership or joint venture,then its partners, members and their spouses are Insureds;
c. A limited liability company,then its members and managers are Insureds;or
d. An organization other than a partnership, joint venture or limited liability company, then its executive officers,
directors and shareholders are Insureds;
CNA74858XX(1-15) Policy No: 5084059559
Page 4 of 18 Endorsement No:6
AMERICAN CASUALTY CO OF READING,PA Effective Date* 07 28/202I
Insured Name:R2T, INC.
Copyright CNA All ROW Reserved Includes copyrighted material of Insurance Services Office Inc,with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
but only with respect to locations and operations covered by the additional Insured endorsement's provisions,and only
with respect to their respective roles within their organizations.
Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for
additional coverage and restrictions applicable to spouses of natural person Insureds.
4. BOATS
Under COVERAGES. Coverage A - Bodily Injury And Property Damage Liability, the paragraph entitled
Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or
Watercraft:
This exclusion does not apply to.
Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the
Named Insured's inspection or surveying work
5. BODILY INJURY-EXPANDED DEFINITION
Under DEFINITIONS,the definition of bodily Injury Is deleted and replaced by the following:
Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation,shock,
mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical
injury,sickness or disease.
6. BROAD KNOWLEDGE OF OCCURRENCE!NOTICE OF OCCURRENCE
Under CONDITIONS,the condition entitled Duties In The Event of Occurrence, Offense,Claim or SuIt is amended
to add the following provisions:
A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence,
offense or claim only when the occurrence,offense or claim is known to a natural person Named Insured,to a
partner,executive officer, manager or member of a Named Insured,or to an employee designated by any of the
above to give such notice.
B. NOTICE OF OCCURRENCE
The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give
the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's
reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However,
the Named Insured shall give written notice of such occurrence,offense or claim to the Insurer as soon as the
Named Insured is aware that this insurance may apply to such occurrence,offense or claim.
7. BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3.in its entirety and replace it with the following:
3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has
management control:
OREI a. on the effective date of this Coverage Part;or
b. by reason of a Named Insured creating or acquiring the organization during the policy period,
qualifies as a Named Insured, provided that there Is no other similar liability insurance, whether primary,
m== contributory,excess,contingent or otherwise,which provides coverage to such organization,or which would have
CNA74858XX(1-15) Policy No: 5084059S59
Page 5 of 18 Endorsement No:6
AMERCAN CASUALTY CO OF READING,PA Effective Date: 07 28 2021
Insured Name:R2T, INC.
Copyright CNA Ali Rights Reserved Includes copyrighted material of Insurance Services Office,Inc.,with Os permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or
narrower than that provided by this insurance.
But this BROAD NAMED INSURED provision does not apply to:
a) any partnership, limited liability company or joint venture;or
b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part.
For the purpose of this provision,management control means:
A. owning interests representing more than 50% of the voting, appointment or designation power for the
selection of a majority of the Board of Directors of a corporation; or
B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or
sell property held by a trust.
4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3.above, this insurance
does not apply to:
a. bodily Injury or property damage that first occurred prior to the date of management control, or that first
occurs after management control ceases;nor
b. personal or advertising Injury caused by an offense that first occurred prior to the date of management
control or that first occurs after management control ceases.
5. The Insurance provided by this Coverage Part applies to Named Insureds when trading under their own names
or under such other trading names or doing-business-as names (dba)as any Named Insured should choose to
employ.
8. CONTRACTUAL LIABILITY—RAILROADS
With respect to operations performed within 50 feet of railroad property,the definition of Insured contract is replaced
by the following:
Insured Contract means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies
any person or organization for damage by fire to premises while rented to a Named Insured or temporarily
occupied by a Named Insured you with permission of the owner is not an insured contract;
b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a
municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to the Named Insured's business (including an
indemnification of a municipality in connection with work performed for a municipality) under which the Named
Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person
or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or
agreement.
Paragraph f.does not include that part of any contract or agreement:
CNA74858XX(1-15) Policy No: 5084059559
Page 6 of 18 Endorsement No:6
AMERICAN CASUALTY CO OF READING,PA Effective Date: 07 28 2021
Insured Name: R2T, INC.
Copyright CNA All Rights Reserved Includes copyrighted material of Insurance Services Office,Inc with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
1) That indemnifies an architect.engineer or surveyor for injury or damage arising out of:
a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders,change orders or drawngs and specifications;or
b) Giving directions or instructions or failing to give them, if that Is the primary cause of the injury or
damage;
2) Under which the Insured, if an architect engineer or surveyor, assumes liability for an injury or damage
arising out of the insured's rendering or failure to render professional services, including those listed in (1)
above and supervisory. inspecton,architectural or engineering activities.
9. ESTATES,LEGAL REPRESENTATIVES,AND SPOUSES
The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any
natural person Insured or living trust shall also be insured under this policy; provided, however, coverage is afforded
to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for
claims arising solely out of their capacity or status as such and, in the case of a spouse,where such claim seeks
damages from marital community property, jointly held property or property transferred from such natural person
Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal
representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the
spouse of a natural person Named Insured,and the spouses of members or partners of joint venture or partnership
Named Insureds are Insureds with respect to such spouses'acts, errors or omissions in the conduct of the Named
Insured's business.
10. EXPECTED OR INTENDED INJURY-EXCEPTION FOR REASONABLE FORCE
Under COVERAGES, Coverage A - Bodily Injury And Property Damage Liability, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:
This insurance does not apply to:
Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not
apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.
11. GENERAL AGGREGATE LIMITS OF INSURANCE-PER LOCATION
A. A separate Location General Aggregate Limit,equal to the amount of the General Aggregate Limit,is the most the
Insurer will pay for the sum of
1. All damages under Coverage A,except damages because of bodily injury or property damage included in
the products-completed operations hazard;and
2. All medical expenses under Coverage C,
I
mmi that arise from occurrences or accidents which can be attnbuted so'ely to ongoing operations at that location.moo
Such payments shall not reduce the General Aggregate Limit shown In the Declarations, nor the Location General
Aggregate Limit of any other location.
B. All:
1. Damages under Coverage B.regardless of the number of iocat'ons involved;
fiats
tiro
CNA74858XX(1-15) Policy No: 5084059559
Page 7 of 18 Endorsement No:6
AMERICAN CASUALTY CO OF READING,PA Effective Date: 07 28 2021
Insured Name: R2T, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc,.rdth its permission.
CNA CNA PARAMOUNT]
Architects, Engineers and Surveyors General Liability
Extension Endorsement
2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing
operations at a single location, except damages because of bodily injury or property damage included in
the products-completed operations hazard;and
3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing
operations at a single location.
will reduce the General Aggregate Limit shown In the Declarations
C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision,
location"means
1. a premises the Named Insured owns or rents;or
2. a premises not owned or rented by any Named Insured at which the Named Insured is performing
operations pursuant to a contract or written agreement. If operations at such a location have been
discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs,
specifications or timetables.the location will still be deemed to be the same location.
For the purpose of determining the applicable aggregate limit of Insurance, premises involving the same or
connecting lots,or premises whose connection is interrupted only by a street, roadway,waterway or right-of-way
of a railroad shall be considered a single location
D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for
Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the
General Aggregate Limit,depending on whether the occurrence can be attributed solely to ongoing operations at
a particular location.
E. When coverage for liability arising out of the products-completed operations hazard is provided, any payments
for damages because of bodily injury or property damage included in the products-completed operations
hazard, regardless of the number of locations involved, will reduce the Products-Completed Operations
Aggregate Limit shown in the Declarations.
F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF
INSURANCE-PER LOCATION Provision shall continue to apply as stipulated.
12. IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured,or chartered by or for
the Named Insured, will be treated in the same manner as though the action were in personam against the Named
Insured.
13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident-
A. Under COVERAGES, Coverage A—Bodily Injury And Property Damage Liability,the insuring Agreement is
amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following:
b. This insurance applies to bodily injury provided that the professional health care services are incidental to
the Named Insured's primary business purpose,and only if:
1) such bodily injury is caused by an occurrence that takes place in the coverage territory.
2) the bodily Injury first occurs during the policy period All bodily Injury arising from an occurrence will
be deemed to have occurred at the time of the first act.error, or omission that is part of the occurrence;
and
CNA74858XX(1-15) Policy No: 5084059559
Page 8 of 18 Endorsement No:6
AMERICAN CASUALTY CO OF READING,PA Effective Date: 07/28/2021
Insured Name:R2T, INC.
CopyrgMt CNA All Rights Reserved Includes copyrighted material of Insurance Services Office.Inc with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled
Exclusions is amended to:
I. add the following to the Employers Liability exclusion:
This exclusion applies only if the bodily injury arising from a health care Incident is covered by other
liability insurance available to the Insured (or which would have been available but for exhaustion of its
limits).
H. delete the exclusion enhted Contractual Liability and replace it with the following:
This insurance does not apply to:
Contractual Liability
the Insured's actual or alleged liability under any oral or written contract or agreement, including but not
limited to express warranties or guarantees
Ill. to add the following additional exclusions:
This insurance does not apply to:
Discrimination
any actual or alleged discrimination. humiliation or harassment, including but not be limited to claims based
on an individual's race. creed, color, age, gender, national origin, religion, disability, marital status or sexual
orientation
Dishonesty or Crime
Any actual or alleged dishonest,criminal or malicious act,error or omission.
Medicare/Medicaid Fraud
any actual or alleged violation of law with respect to Medicare, Medicaid, Trtcare or any similar federal, state
or local governmental program.
Services Excluded by Endorsement
Any health care Incident for which coverage is excluded by endorsement.
C. DEFINITIONS is amended to:
I. add the following definitions:
Health care incident means an act, error or omission by the Named Insured's employees or volunteer
workers in the rendering of:
a. professional health care services on behalf of the Named Insured or
b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received.
Professional health care services means any health care services or the related furnishing of food,
beverages, medical supplies or appliances by the following providers in their capacity as such but solely to
the extent they are duly licensed as required:
a. Physician;
CNA74858XX(1-15) Policy No: 5084059559
Page 9 of 18 Endorsement No:6
AMERICAN CASUALTY CO OF READING,PA Effective Date: 07/28/2021
Insured Name: R2T, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc..Mm its penniss+on.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
b. Nurse;
c. Nurse practitioner;
d. Emergency medical technician;
e. Paramedic;
f. Dentist;
g. Physical therapist:
h. Psychologist;
I. Speech therapist;
j. Other allied health professional;or
Professional health care services does not include any services rendered in connection with human clinical
trials or product testing
II. delete the definition of occurrence and replace it with the following.
Occurrence means a health care incident All acts, errors or omssions that are logically connected by any
common fact,circumstance situation,transaction.event, advice or decision will be considered to constitute a
single occurrence;
III. amend the deflation of Insured to.
a. add the following
the Named Insured's employees are Insureds with respect to:
1) bodily injury to a co-employee while in the course of the co-employee's employment by the
Named Insured or while performing duties related to the conduct of the Named Insured's
business:and
2) bodily Injury to a volunteer worker while performing duties related to the conduct of the
Named insured's business;
when such bodily Injury arises out of a health care incident.
the Named Insured's volunteer workers are Insureds with respect to:
1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the
Named Insured's business;and
2) bodily injury to an employee while in the course of the employee's employment by the Named
Insured or while performing duties related to the conduct of the Named Insured's business;
when such bodily injury arises out of a health care Incident.
b. delete Subparagraphs(a),(b),(c)and(d)of Paragraph 2.a.(1)of WHO IS AN INSURED.
D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the
following:
Other Insurance
CNA74858XX(1-15) Policy No: 5084059559
Page 10 of 18 Endorsement No:6
AMERICAN CASUALTY CO OF READING,PA Effective Date: 07 28/2021
Insured Name: R2T, INC.
Copyright CNA An Rights Reserved Includes copyrighted material of insurance Services Office Inc with its permission
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
b. Excess Insurance
1) To the extent this nsurance appl es. it is excess over any other nsurance, self insurance or risk transfer
instrument whether pnmary, excess. contingent or on any other basis, except for insurance purchased
specifically by the Named Insured to be excess of this coverage
14. JOINT VENTURES/PARTNERSHIP I LIMITED LIABILITY COMPANIES
A. Past Joint Ventures,Partnerships, Limited Liability Companies
The following is added to WHO IS AN INSURED:
If the Named Insured was a joint venturer, partner. or member of a limited liability company and such joint
venture, partnership or limited liability company terminated prior to or during the policy period, such Named
insured is an Insured with respect to Its interest in such joint venture, partnership or limited liability company but
only to the extent that:
a. any offense giving rise to personal and advertising injury occurred prior to such termination date,and the
personal and advertising injury arising out of such offense,first occurred after such termination date;
b. the bodily Injury or property damage first occurred after such termination date;and
c. there is no other valid and collectible insurance purchased specifically to insure the partnership,joint venture
or limited liability company.
If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up)
Insurance program, then such insurance will always be considered valid and collectible for the purpose of
paragraph c.above. But this provision will not serve to exclude bodily injury, property damage or personal and
advertising injury that would otherwise be covered under the Architects, Engineers And Surveyors General
Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR
CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of
consolidated(wrap-up)insurance program.
B. Participation In Current Professional Joint Ventures
The following is added to WHO IS AN INSURED:
The Named insured is also an insured for participation in a current joint venture that is not named on the
Declarations,but only if such joint venture meets all of the following criteria:
a. Each and every one of the Named Insured's co-venturers are architectural, engineering or surveying firms
only;and
b. There is no other valid and collectible insurance purchased specifically to insure the joint venture,
However,the Named Insured is an Insured only for the conduct of such Named Insured's business within such
mts a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other co-
e venturers,nor of their partners, members or employees.
C. WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following
wgih
Except as provided under this Architects, Engineers And Surveyors General Liability Extension
Endorsement or by the attachment of another endorsement(if any), no person or organization is an Insured with
respect to the conduct of any current or past partnership, joint venture or limited liability company that is not
shown as a Named Insured in the Declarations.
CNA74858XX(1-15) Policy No: 50840595S9
Page 11 of 18 Endorsement No:6
AMERICAN CASUALTY CO OF READING,PA Effective Date: 07.28 2021
Insured Name: R2T, INC.
Copyright CNA All Rights Reserved Includes copyrighted material of Insurance Services Office.Inc.,with its permission.
CNA CNA PARAMOUNT]
Architects, Engineers and Surveyors General Liability
Extension Endorsement
15. LEGAL LIABILITY — DAMAGE TO PREMISES 1 ALIENATED PREMISES / PROPERTY IN THE NAMED
INSURED'S CARE,CUSTODY OR CONTROL
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete exclusion j.Damage to Property in Its entirety and replace it with the following:
This insurance does not apply to:
j. Damage to Property
Property damage to
1) Property the Named Insured owns,rents,or occupies, including any costs or expenses incurred by you,
or any other person, organization or entity, for repair, replacement, enhancement, restoration or
maintenance of such property for any reason, including prevention of injury to a person or damage to
another's property:
2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any
part of those premises;
3) Property loaned to the Named Insured;
4) Personal property in the care.custody or control of the Insured;
5) That particular part of real property on which the Named Insured or any contractors or subcontractors
working directly or indirectly on the Named Insured's behalf are performing operations, if the property
damage arises out of those operations;or
6) That particular part of any property that must be restored, repaired or replaced because your work was
incorrectly performed on it.
Paragraphs(1),(3)and (4)of this exclusion do not apply to property damage(other than damage by fire)to
premises rented to the Named Insured or temporarily occupied by the Named insured with the permission of
the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer
consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described
in LIMITS OF INSURANCE.
Paragraph(2)of this exclusion does not apply if the premises are your work.
Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack
agreement.
Paragraph (6) of this exclusion does not apply to property damage included in the products-completed
operations hazard.
Paragraphs(3)and(4)of this exclusion do not apply to property damage to:
I. tools,or equipment the Named Insured borrows from others,nor
ii. other personal property of others in the Named Insured's care,custody or control while being used in the
Named Insured's operations away from any Named Insured's premises.
However,the coverage granted by this exception to Paragraphs(3)and(4)does not apply to:
a. property at a Job site awaiting or during such property's installation,fabrication,or erection;
b. property that is mobile equipment leased by an Insured;
CNA74858XX(1-15) Policy No: 5084059559
Page 12 of 18 Endorsement No:6
AMERICAN CASUALTY CO OF READING, PA Effective Date' 07 28 2021
Insured Name:R2T, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with Its permission
CNA CNA PARAMOUNT 1
i
Architects, Engineers and Surveyors General Liability i
Extension Endorsement
c. property that is an auto,aircraft or watercraft;
d. property in transit:or
e. any portion of property damage for which the Insured has available other valid and collectible
Insurance,or would have such Insurance but for exhaustion of Its limits,or but for application of one of Its
exclusions.
A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE
as amended below.
B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete its last paragraph and replace it with the following:
Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or
temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of
premises rented to a Named Insured for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE.
C. The following paragraph is added to LIMITS OF INSURANCE:
Subject to 5.above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any
one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other
personal property of others in the Named Insured's care, custody or control, while being used in the Named
Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property
damage does not apply until the amount of such property damage exceeds$1,000. The Insurer has the right but
not the duty to pay any portion of this$1,000 in order to effect settlement. If the Insurer exercises that right, the
Named Insured will promptly reimburse the Insurer for any such amount.
D. Paragraph 6., Damage To Premises Rented To You Limit,of LIMITS OF INSURANCE is deleted and replaced by
the following.
6. Subject to Paragraph 5. above, (the Each Occurrence Limit),the Damage To Premises Rented To You Limit
is the most the Insurer will pay under Coverage A for damages because of property damage to any one
1
premises while rented to the Named Insured or temporarily occupied by the Named Insured with the
permission of the owner, including contents of such premises rented to the Named Insured for a period of 7
or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of:
a. $500,000,or
b. The Damage To Premises Rented To You Limit shown in the Declarations.
E. Paragraph 4. b.(1)(a)(11)of the Other Insurance Condition is deleted and replaced by the following:
ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by
t= the Named Insured with the permission of the owner; or for personal property of others in the Named
M Insured's care custody cr control:
16. LIQUOR LIABILITY
ERN
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Liquor Liability,
aim This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an
additional insured on this Coverage Part.
IRE
CNA74858XX(1-15) Policy No: 5084059559
Page 13 of 18 Endorsement No:6
AMER T CAN CASUALTY CO OF READING,PA Effective Date: 07/28 2021
Insured Name: R2T, INC.
Copyright CNA All Rights Reserved Includes copyrighted material of Insurance Services Office.Inc..with its permission.
CNA CNA PARAMOUNT4
Architects, Engineers and Surveyors General Liability
Extension Endorsement
17. MEDICAL PAYMENTS
A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit)and replace it with the
following.
7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the
Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one
person The Medical Expense Limit is the greater of
1) $15,000 unless a different amount is shown here.. $N,NNN NNN, NNN; or
2) the amount shown in the Declarations for Medcal Expense Limit
B. Under COVERAGES, the Insuring Agreement of Coverage C Medical Payments is amended to replace
Paragraph 1.a.(3)(b)with the following:
b) The expenses are incurred and reported to the Insurer within three years of the date of the accident;and
19. NON-OWNED AIRCRAFT
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended as follows:
The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following:
This exclusion does not apply to an aircraft not owned by any Named Insured,provided that:
1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United
States of America or Canada,designating that person as a commercial or airline transport pilot;
2. the aircraft is rented with a trained,paid crew to the Named insured;and
3. the aircraft is not being used to carry persons or property for a charge.
19. NON-OWNED WATERCRAFT
Under COVERAGES, Coverage A — Bodily injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and
replace it with the following.
This exclusion does not apply to:
2) a watercraft that is not owned by any Named Insured,provided the watercraft is;
a) less than 75 feet long;and
b) not being used to carry persons or property for a charge.
20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION
A. Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort:
Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.
B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled
Exclusions is amended to:
1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:
CNA74858XX(1-15) Policy No: 5084059559
Page 14 of 18 Endorsement No:6
AMERICAN CASUALTY CO OF READING,PA Effective Date' 07 28 2021
Insured Name: R2T, INC.
Copyright CNA Ail Rights Reserved Includes copyrighted material of insurance Services Office.Inc with its permission
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
This insurance does not apply to:
Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act
would violate the rights of another and would inflict personal and advertising injury.This exclusion shall not
apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but
only if such discrimination or humiliat.on is not done intentionally by or at the direction of:
a) the Named Insured,or
b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a
limited liability company)of the Named Insured.
2. add the following exclusions:
This insurance does not apply to:
Employment Related Discrimination
discrimination or humiliation directly or indirectly related to the employment, prospective employment, past
employment or termination of employment of any person by any Insured.
Premises Related Discrimination
discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental,
lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured.
Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity
because of discrimination.
The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION
Provision does not apply to any person or organization whose status as an Insured derives solely from
Provision 1.ADDITIONAL INSURED of this endorsement;or
attachment of an additional insured endorsement to this Coverage Part.
21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY
A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Contractual Liability.
B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY • LIMITED
CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled
SUPPLEMENTARY PAYMENTS—COVERAGES A AND B:
1. Paragraph 2,d.is replaced by the following'
d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit
are such that no conflict appears to exist between the interests of the Insured and the interests of the
indemnitee;
2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b)is deleted and replaced by the following.
So long as the above conditions are met, attomey's fees incurred by the Insurer in the defense of that
indemnitee,necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred
CNA74858XX(1-15) Policy No' 5084059559
Page 15 of 18 Endorsement No 6
AMERICAN CASUALTY CO OF READING,PA Effective Date- 07/28/2021
Insured Name:R2T, INC.
Copyright CNA Ail Rights Reserved. Includes copyrighted material of Insurance Services Office Inc.with its perm scan.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
by the indemnitee at the Insurer's request wil be paid as defense costs. Such payments will not be deemed
to be damages for personal and advertising Injury and will not reduce the limits of insurance.
C. This PERSONAL AND ADVERTISING INJURY-LIMITED CONTRACTUAL LIABILITY Provision does not apply
if Coverage B—Personal and Advertising Injury Liability is excluded by another endorsement attached to this
Coverage Part.
This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any
person or organization who otherw'se qualifies as an additiona;ins.ired on this Coverage Part.
22. PROPERTY DAMAGE—ELEVATORS
A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs(3), (4)and (6)of
the Damage to Property Exclusion do not apply to property damage that results from the use of elevators_
B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the
Other Insurance conditions is amended to add the following paragraph:
This insurance is excess over any of the other Insurance, whether primary, excess, contingent or on any other
basis that is Property insurance covering property of others damaged from the use of elevators.
23. RETIRED PARTNERS,MEMBERS, DIRECTORS AND EMPLOYEES
WHO IS INSURED Is amended to include as Insureds natural persons who are retired partners, members, directors
or employees, but only for bodily injury, property damage or personal and advertising injury that results from
services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to
employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision.
24. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows:
A. Paragraph 1.b.is amended to delete the$250 limit shown for the cost of bail bonds and replace it with a$ 5,000.
limit;and
B. Paragraph 1.d. is amended to delete the limit of $ 250 shown for daily loss of earnings and replace it with a
1,000_limit.
25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named
Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure.
26. WAIVER OF SUBROGATION-BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to
add the following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of
payments the Insurer makes for injury or damage arising out of:
1. the Named Insured's ongoing operations;or
2. your work included in the products-completed operations hazard.
However,this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in
a written contract or written agreement,and only if such contract or agreement.
CNA74858XX(1-15) Policy No: 5084059559
Page 16 of 18 Endorsement No:6
AMERICAN CASUALTY CO OF READING,PA Effective Date: 07 28 2021
Insured Name: R2T, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Service.;Office,inc.,with its permission
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
1. is in effect or becomes effective during the term of this Coverage Part;and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the
claim
27. WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED(WRAP-UP)INSURANCE PROGRAMS
Note:The following provision does not apply to any public construction project in the state of Oklahoma, nor to any
construction project in the state of Alaska that is not permitted to be insifred under a consolidated (wrap-up)
Insurance program by applicable state statute or regulation.
If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary
endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance
Programs(C C I P.)is attached,then the following changes apply:
A. The following wording is added to the above-referenced endorsement:
With respect to a consolidated (wrap-up) Insurance program project in which the Named Insured Is or was
involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as
damages because of'
1. Bodily injury, property damage,or personal or advertising injury that occurs during the Named Insured's
ongoing operations at the project. or during such operations of anyone acting on the Named Insured's
behalf.nor
2. Bodily injury or property damage included within the products-completed operations hazard that arises
out of those portions of the project that are not residential structures.
B. Condition 4.Other Insurance is amended to add the following subparagraph 4.b.(1)(c):
This insurance is excess over:
c) Any of the other insurance whether primary,excess, contingent or any other basis that is insurance available
to the Named Insured as a result of the Named Insured being a participant In a consolidated (wrap-up)
Insurance program, but only as respects the Named Insured's involvement In that consolidated(wrap-up)
insurance program.
C. DEFINITIONS is amended to add the following definitions:
Consolidated(wrap-up) Insurance program means a construction, erection or demolition project for which the
prime contractor/project manager or owner of the construction project has secured general liability insurance
covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled
Insurance Program(O.C.I.P.)or Contractor Controlled Insurance Program(C.C.I.P.).
Residential structure means any structure where 30%or more of the square foot area is used or is intended to
be used for human residency, including but not limited to:
1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit
developments; and
2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs,
1=1 detached garages,guest houses or any similar structures).
However,when there is no individual ownership of units, residential structure does not include military housing,
mos college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also
does not include hospitals or prisons.
CNA74858XX(1-15) Policy No: 5084059559
Page 17 of 18 Endorsement No:6
AMERICAN CASUALTY CO OF READING,PA Effective Date: 07 28/2021
Insured Name: R2T, INC.
Copyright CNA All Rights Reserved Includes copyrighted mittens!of Insurance Services Office,Inc.,with tb permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
This WRAP-UP EXTENSION: OCIP, CCIP,OR CONSOLIDATED(WRAP-UP)INSURANCE PROGRAMS Provision
does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and
expires concurrently with said Policy
CNA74858XX(1-15) Policy No: 5084059559
Page 18 of 18 Endorsement No:6
AMERICAN CASUALTY CO OF READING,PA Effective Date: 07'28 2021
Insured Name: R2T, INC.
Copyright CNA AI Rights Reserved includes copyrighted material of Insurance Services Office.Inc with its permission
CNA Business Auto Policy
Policy Endorsement
CONTRACTORS EXTENDED COVERAGE ENDORSEMENT
BUSINESS AUTO PLUS - GEORGIA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. LIABILITY COVERAGE
A. Who Is An Insured
The following is added to SECTION II, Paragraph A.1., Who Is An Insured:
1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the
date of inception of this Coverage Form; provided that,
b. The insurance afforded by this provision A.1. does not apply to any such entity that is an
insured under any other liability "policy" providing auto coverage.
2. Any organization you newly acquire or form, other than a limited liability company, partnership or
joint venture, and over which you maintain majority ownership interest.
The insurance afforded by this provision A.2.:
a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy
period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier.
b. Does not apply to:
1) Bodily injury or property damage caused by an accident that occurred before you acquired or
formed the organization; or
2) Any such organization that is an insured under any other liability "policy" providing auto
coverage.
3. Any person or organization that you are required by a written contract to name as an additional
insured is an insured but only with respect to their legal liability for acts or omissions of a parson,
who qualifies as an insured under SECTION II - WHO IS AN (INSURED and for whom Liability
Coverage is afforded under this policy. If required by written contract, this insurance will be primary
and non-contributory to insurance on which the additional insured is a Named Insured.
4. An employee of yours is an insured while operating an auto hired or rented under a contract or
agreement in that employee's name, with your permission, while performing duties related to the
conduct of your business.
Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on
the inception date of this Coverage Form but:
1. Which are no longer in force; or
2. Whose limits have been exhausted.
B. Bail Bonds and Loss of Earnings
SECTION II, Paragraphs A.2. (2) and A.2. (4) are revised as follows:
1. In a.12I, the limit for the cost of bail bonds is changed from $2,000 to $5,000; and
2. In a.14), the limit for the loss of earnings is changed from $250 to $500 a day.
Form No:CNA63359GA i05-20121 Policy No:BUA 2095995258
Endorsement Effective Date: Endorsement Expiration Date.Policy Effective Date:07r2$1202 i
Endorsement No: 12;Page: 1 of 4 Policy Page. 70 of 122
Underwriting Company: Continental Casualty Company, 151 N Franklin St,Chicago, IL 60606
Copyright CNA All Rights Reserved.includes copyrighted material of the
Insurance Services Office,Inc.,used with its permission.
CNA Business Auto Policy
Policy Endorsement
C. Fellow Employee
SECTION II, Paragraph B.6 does not apply.
Such coverage as is afforded by this provision C. is excess over any other collectible insurance.
II. PHYSICAL DAMAGE COVERAGE
A. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles
The following is added to SECTION III, Paragraph A.3.:
With respect to any covered auto, any deductible shown in the Declarations will riot apply to glass
breakage if such glass is repaired, in a manner acceptable to us, rather than replaced.
B. Transportation Expenses
SECTION III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to
provide:
a. $60 per day, in lieu of $20; subject to
b. $1,800 maximum, in lieu of $600.
C. Loss of Use Expenses
SECTION III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to
provide;
a. $1,000 maximum, in lieu of $600.
D. Hired "Autos"
The following is added to SECTION III. Paragraph A.:
5. Hired "Autos"
If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired
Autos, then Physical Damage coverage is extended to:
a. Any covered auto you lease, hire, rent or borrow without a driver; and
b. Any covered auto hired or rented by your employee without a driver, under a contract in that
individual employee's name, with your permission, while performing duties related to the
conduct of your business.
c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost
of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto.
No deductible applies to loss caused by fire or lightning.
d. The physical damage coverage as is provided by this provision is equal to the physical damage
coverage(s) provided on your owned autos.
e. Such physical damage coverage for hired autos will:
1) Include loss of use, provided it is the consequence of an accident for which the Named
Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing
or rental concern.
2) Such coverage as is provided by this provision will be subject to a limit of $750 per
accident.
E. Airbag Coverage
The following is added to SECTION III, Paragraph B.3.:
Form No:CNA63359GA(05-2012)Policy No:8UA 2095995258
Endorsement Effective Date: Endorsement Expiration Date:Policy Effective Date:07 28;2021
Endorsement No: 12; Page:2 of 4 Policy Page: 71 of 122
Underwriting Company:Continental Casualty Company, 151 N Franklin St,Chicago,IL 60606
Copyright CNA All Rights Reserved. Includes copyrighted material of the
insurance Services Office,Inc.,used with its permission.
CNA Business Auto Policy
Policy Endorsement
The accidental discharge of an airbag shall not be considered mechanical breakdown.
F. Electronic Equipment
SECTION III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following:
c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed
electronic equipment including its antennas and other accessories
d. A $100 per occurrence deductible applies to the coverage provided by this provision.
III. Drive Other Car Coverage Executive Officers
The following is added to SECTIONS II and III:
1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by,
and for Physical Damage Coverage while in the care, custody or control of, any of your "executive
officers", except:
a. An auto owned by that "executive officer" or a member of that person's household; or
b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing
or parking autos.
Such Liability and/or Physical Damage Coverage as is afforded by this provision.
1) Equal to the greatest of those coverages afforded any covered auto; and
2) Excess over any other collectible insurance.
2. For purposes of this provision, "executive officer" means a person holding any of the officer positions
created by your charter, constitution, by-laws or any other similar governing document, and, while a
resident of the same household, includes that person's spouse.
Such "executive officers" are Insureds while using a covered auto described in this provision.
IV. BUSINESS AUTO CONDITIONS
A. Duties In The Event Of Accident, Claim, Suit Or Loss
The following is added to SECTION IV, Paragraph A.2.a.:
4) Your employees may know of an accident or loss. This will not mean that you have such
knowledge, unless such accident or loss is known to you or if you are not an individual, to any
of your executive officers or partners or your insurance manager.
The following is added to SECTION IV, Paragraph A.2.b.:
6) Your employees may know of documents received concerning a claim or suit. This will not mean
that you have such knowledge, unless receipt of such documents is known to you or if you are
not an individual, to any of your executive officers or partners or your insurance manager.
B. Transfer Of Rights Of Recovery Against Others To Us
The following is added to SECTION IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others
To Us:
We waive any right of recovery we may have, because of payments we make for injury or damage,
against any person or organization for whom or which you are required by written contract or
agreement to obtain this waiver from us.
This injury or damage must arise out of your activities under a contract with that person or
organization.
Form No:CNA63359GA(05.20121 Policy No:BUA 2095995258
Endorsement Effective Date: Endorsement Expiration Date:Policy Effective Date:07,28,2021 ;
Endorsement No: 12;Page:3 of 4 Policy Page: 72 of 122
Underwriting Company: Continental Cesua'ty Company, 151 N Franklin St,Chicago, IL 60606
t Copyright CNA All Rights Reserved. Includes copyrighted material of the
Insurance Services Office,Inc.,used with its permission.
CNA Business Auto Policy
Policy Endorsement
You must agree to that requirement prior to an accident or loss.
C. Concealment, Misrepresentation or Fraud
The following is added to SECTION IV, Paragraph B.2.:
Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not
prejudice you with respect to the coverage afforded provided such failure or omission is not intentional.
D. Other Insurance
The following is added to SECTION IV, Paragraph B.5.:
Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy
shall be on a primary non-contributory basis. This provision is applicable only when required by a
written contract. That written contract must have been entered into prior to Accident or Loss.
E. Policy Period, Coverage Territory
SECTION IV, Paragraph B. 7.(5).(a). is revised to provide:
a. 45 days of coverage in lieu of 30 days.
V. DEFINITIONS
SECTION V. Paragraph C. is deleted and replaced by the following:
Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental
injury or death resulting from any of these.
Form No:CNA83359GA(05-2012)Policy No:BUA 2095995258
Endorsement Effective Date: Endorsement Expiration Date:Policy Effective Date:07/28I2021
Endorsement No: 12;Page;4 of 4 Policy Page: 73 of 122
Underwriting Company: Continental Casualty Company, 151 N Franklin St,Chicago,IL 60608
Copyright CNA All Rights Reserved. Includes copyrighted material of the
Insurance Services Office,Inc.,used with its permission.
CNA Business Auto Policy
Policy Endorsement
ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured Person Or Organization
THE CADMUS GROUP INC
CHOATE CONSTRUCTION COMPANY
PHILADELPHIA WATER DEPARTMENT
CH2M HILL AND CLAYTON COUNTY
FULTON COUNTY GOVERNMENT - PURCHASING DEPARTMENT
DEKALB COUNTY CONSENT DECREE
CCWA FACILITY EVALUATIONS
CH2M HILL, INC
1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the
person or organization scheduled above is an insured under this policy.
2. The insurance afforded to the additional insured under this policy will apply on a primary and
non-contributory basis if you have committed it to be so in a written contract or written agreement
executed prior to the date of the "accident" for which the additional insured seeks coverage under this
policy.
All other terms and conditions of the policy remain unchanged
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective
date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
Form No:CNA71527XX(10-2012) Policy No:BUA 2095995258
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:07:'28.2021
Endorsement No: 13;Page: 1 of 1 Policy Page: 74 of 122
Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606
Copyright CNA All Rights Reserved.
CNA Business Auto Policy
Policy Endorsement
IWAIVER OF TRANSFER OF RIGHTS OF RECOVERY I
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
Named Insured: R2T, INC.
Endorsement Effective Date: 07/28/2020
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT
OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR
TO LOSS.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or
organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident"
or the "loss" under a contract with that person or organization.
Form No,CA 04 44 10 13 Policy No:BUA 2095995258
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:07/28/2021
Endorsement No:3;Page: 1 of 1 Policy Page: 46 of 122
Underwriting Company: Continents Casualty Company, 151 N Franklin St,Chicago, IL 60606
c Copyright Insurance Services Office,Inc., 2011
CNAWorkers Compensation And Employers Liability Insurance
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We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover
from under a written contract or agreement.
W The premium charge for the endorsement is reflected in the Schedule of Operations.
E
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,h
8 takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another
b effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy
A unless another expiration date is shown below.
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Form No WC 00 03 13 104 1984) Policy No WC 5 84059514
Endorsement Effective Date Endorsement Expiration Dare. Policy Effective Date-07+28;?O2:
Endorsement No 9;Page t of 1 Policy Page:85 of 148
Underwriting Company Continental Casualty Company, 151 N Franklin St, Chicago IL 60606
Copyright 1983 Nat one)Co.rtc I on Compensaton nsurance
CNA CNA Paramount Excess and Umbrella Liability
Policy
PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY
Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties
and what is and is not covered.
The "Insurer" refers to the insurer providing this insurance as set forth on the Declarations of this Policy. Words
and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS.
I. COVERAGES
A. Coverage A - Excess Follow Form Liability
The Insurer will pay on behalf of the Insured those damages in excess of the applicable underlying
limits. Coverage hereunder will attach only after the full amount of the applicable underlying limits have
been exhausted through payment in legal currency of covered loss under all applicable underlying
insurance and to which this Coverage A applies.
Coverage A under this Policy will then apply in conformance with the provisions of the applicable
underlying insurance except for the premium, limits of insurance, deductible, retentions, or any defense
obligations and any other terms and conditions specifically set forth in this Policy.
Upon exhaustion of the applicable underlying limits, the Insurer shall only pay for damages in excess of
the applicable underlying limits. This Coverage A does not provide coverage for any loss not covered
by the applicable underlying insurance except and to the extent that such loss is not paid under the
applicable underlying insurance solely by reason of the exhaustion of the applicable underlying limits
through payment of loss thereunder.
This Coverage applies:
1. if the applicable underlying insurance is on an occurrence basis, then only if that which must take
place in the policy period of the underlying insurance in order to trigger coverage, takes place during
this policy period; and
2. if the applicable underlying insurance is on a claims made basis, then only if:
a. that which must take place in the underlying insurance in order to trigger coverage, takes place
after the retroactive date and prior to the end of the policy period; and
b. the claim is first made during the policy period.
B. Coverage B- Umbrella Liability
The Insurer will pay on behalf of the Insured those damages in excess of the retained amount:
1. that an Insured becomes legally obligated to pay because of bodily injury, property damage or
personal and advertising injury; or
2. because of liability for bodily injury or property damage assumed under an insured contract,
provided the bodily injury or property damage occurs subsequent to the execution of such insured
contract;
and provided that:
a. the bodily injury or property damage occurs during the policy period;
b. the bodily injury or property damage is caused by an occurrence that takes place in the coverage
territory;
Form No:CNA75504XX (03-2015) Policy No:CUE 5064059478
Policy Page: 1 of 32 Policy Effective Date:07 28:'202]
Underwriting Company: The Continental Insurance Company, 151 N Franklin St,Chicago, IL 60606 Policy Page: 12 of 61
C Copyright CNA All Rights Reserved.
CNACNA Paramount Excess and Umbrella Liability
Policy
c. the personal and advertising injury is caused by an offense arising out of the Named Insured's
business; and
d. the offense giving rise to personal and advertising injury was first committed during the policy
period and in the coverage territory;
Provided, however, that Coverage 8- Umbrella Liability:
I. does not apply to:
a) any part of damages to which underlying insurance applies; or
b) any part of damages to which underlying insurance would have applied regardless of:
11) the availability of underlying insurance; or
12) the exhaustion of the applicable underlying limits;
c) any defense costs related to damages as described in a. and b. above.
II. applies only if prior to the effective date of the policy period, no authorized Insured:
a) knew that such bodily injury or property damage had occurred, in whole or in part. If any
authorized insured knew, prior to the policy period, that any such bodily Injury or property
damage had occurred, then any continuation, change or resumption of such bodily injury or
property damage during or after the policy period will be deemed to have been known prior to
the policy period; or
b) knew that any offense giving rise to personal and advertising injury had occurred, in whole or in
part.
Bodily injury or property damage which occurs during the policy period and was not, prior to the policy
period, known to have occurred by any authorized insured, includes any continuation, change or
resumption of that bodily injury or property damage after the end of the policy period.
An authorized insured will be deemed to know:
1. that such bodily injury or property damage occurred, at the earliest time when such authorized
insured:
a. reports the bodily injury or property damage to the Insurer or any other insurer;
b. receives a claim arising out of the bodily injury or property damage; or
c. becomes aware by any other means that the bodily injury or property damage has occurred or
has begun to occur;
2. that such offense giving rise to personal and advertising injury occurred, on the date of the first
utterance or dissemination or, if there is no utterance or dissemination, then on the first date of the
activity giving rise to a claim.
C. Coverage C - Crisis Management Expenses
The Insurer will reimburse the Named Insured for crisis management expenses incurred by the Named
Insured as a direct result of its response to a crisis management event that first occurs during the policy
period, provided:
1 such crisis management event is reported to the Insurer as soon as reasonably practicable following
the crisis management event, or within 72 hours after such crisis management event begins if such
crisis management event is likely to give rise to bodily injury or property damage;
Form No:CNA755O4XX (03-2015) Policy No:CUE 5084059478
Policy Page 2 of 32 Policy Effective Date:07 28 2021
Underwriting Company: The Continental Insurance Company, 151 N Franklin St,Chicago, Il 60606 Policy Page: 13 of 61
Copyright CNA All Rights Reserved.