The URL can be used to link to this page

Agenda 06/13/2023 Item #16B10 (To award ITB #23-8121 - Chokoloskee Bridge and Causeway Repair- $210,530.00)16.B.10 06/13/2023 Recommendation to award Invitation to Bid ("ITB") No. 23-8121, "Chokoloskee Bridge and Causeway Repair," to Villa-Fuerte Construction, LLC, in the amount of $210,530.00, and authorize the Chairman to sign the attached agreement. OBJECTIVE: To award a contract for Chokoloskee bridge and causeway repairs by re-establishing the causeway approaches, repairs to the bridge approach slabs, and rebuilding the roadway due to storm surge damages caused by Hurricane Ian. CONSIDERATIONS: On March 20, 2023, the Procurement Services Division posted ITB No. 23-8121, "Chokoloskee Bridge and Causeway Repair." The County received two bids by the ITB response deadline as shown in the below chart. Company Name City County State Total Bid Responsive/ Responsible Villa-Fuerte Construction, LLC. Arcadia Desoto FL $210,530.00 Yes/Yes Douglas N. Higgins, Inc. Naples Collier FL $392,506.00 Yes/Yes Staff deemed both bidders to be responsive and responsible, with Villa-Fuerte Construction, LLC. ("Villa-Fuerte") being the lowest responsive and responsible bidder. Villa-Fuerte was contacted to resolve a minor irregularity with its bid submission. Villa-Fuerte has been in business since 2017 and has been providing services to Collier County since 2021. A County in-house professional engineer reviewed the five references that Villa-Fuerte submitted with its bid to examine work it performed within the past two years on projects of a similar scope as the services solicited and deemed those references satisfactory. The bid amount is approximately 3.65% less than the estimated Opinion of Probable Costs amount of $218,495. Staff recommends that Villa-Fuerte Construction, LLC, be awarded the ITB and that the Board approve the attached agreement. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. FISCAL IMPACT: Funding in the amount of $210,530, is available in FEMA Grants Fund (1813), within Hurricane Ian Project (50280). The source of funding is general funds. The County will seek financial assistance reimbursement through the Federal Emergency Management Agency (FEMA), Public Assistance Program, for Permanent Work under Category C: Roads and Bridges. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award Invitation to Bid No. 23-8121, "Chokoloskee Bridge and Causeway Repair," to Villa-Fuerte Construction, LLC, in the amount of $210,530.00, and authorize the Chairman to sign the attached agreement. Prepared by: Melissa Pearson, Contract Administration Specialist, Operations Support Division. ATTACHMENT(S) 1.23-8121 NORA (PDF) 2.23-8121 DELORA (PDF) 3.23-8121 - Bid Tabulation (PDF) 4.23-8121 Villa-Fuerte_ Construction Proposal (PDF) 5. 23-8121 Insurance_ Villa-Fuente (PDF) 6. [Linked] 23-8121 CAOVS VillaFuerte (PDF) Packet Pg. 728 16.B.10 06/13/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.10 Doe ID: 25475 Item Summary: Recommendation to award Invitation to Bid ("ITB") No. 23-8121, "Chokoloskee Bridge and Causeway Repair," to Villa-Fuerte Construction, LLC, in the amount of $210,530.00, and authorize the Chairman to sign the attached agreement. Meeting Date: 06/13/2023 Prepared by: Title: Contract Administration Specialist — Road Maintenance Name: Melissa Pearson 05/31/2023 3:57 PM Submitted by: Title: Transportation Management Services Superintendent — Road Maintenance Name: Marshal Miller 05/31/2023 3:57 PM Approved By: Review: Road Maintenance Christopher Covert Additional Reviewer Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Procurement Services Sue Zimmerman Additional Reviewer Capital Project Planning, Impact Fees, and Program Management Jeanne Marcella Procurement Services Barbara Lance Additional Reviewer Growth Management and Community Development Department Jeanne Marcella Department Transportation Management Operations Support Brandy Otero Transportation Management Operations Support Tara Castillo Road Maintenance Marshal Miller Additional Reviewer Transportation Management Services Department Trinity Scott Grants Erica Robinson Level 2 Grants Review Procurement Services Sandra Herrera Procurement Director Review County Attorney's Office Scott Teach Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Grants Therese Stanley Additional Reviewer Office of Management and Budget Christopher Johnson Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/31/2023 4:05 PM Completed 05/31/2023 4:10 PM Completed 05/31/2023 4:22 PM Additional Reviewer Skipped 05/31/2023 4:24 PM Completed 05/31/2023 4:26 PM Transportation Management Services Completed 05/31/2023 4:34 PM Additional Reviewer Completed 05/31/2023 4:46 PM Additional Reviewer Completed 05/31/2023 4:50 PM Completed 05/31/2023 5:11 PM Transportation Completed 06/01/2023 8:19 AM Completed 06/01/2023 10:30 AM Completed 06/01/2023 11:13 AM Completed 06/05/2023 8:52 AM Completed 06/05/2023 9:47 AM Completed 06/05/2023 10:06 AM Completed 06/05/2023 10:10 AM Completed 06/05/2023 10:35 AM Packet Pg. 729 06/13/2023 Community & Human Services County Manager's Office Board of County Commissioners Maggie Lopez Additional Reviewer Ed Finn Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 06/05/2023 3:45 PM Completed 06/05/2023 5:53 PM 06/13/2023 9:00 AM Packet Pg. 730 DocuSign Envelope ID: OD58BB47-3301-43A8-B9B6-5CCBODOF87C1 16.B.10.a Co Zer C01411ty Procurement Services Division Notice of Recommended Award Solicitation No.: 23-8121 Title: Chokoloskee Bridge and Causeway Repair Bid Due Date and Time: April 19, 2023 at 3:00 pm EST RESPONDENTS: Company Name City County ST Total Bid Responsive/ Responsible Villa-Fuerte Construction, LLC Arcadia Desoto FL $210,530.00 Yes/Yes Douglas N. Higgins, Inc. Naples Collier FL $392,506.00 Yes/Yes Utilized Local Vendor Preference: Yes = No = N/A On March 20, 2023, the Procurement Services Division issued Construction ITB Solicitation No. 23-8121 Chokoloskee Bridge and Causeway Repair project to thirty-five thousand seven hundred and ninety-six (35,796) vendors. Seventy (70) vendors viewed the bid package and the County received two (2) bids by the April 19, 2023, submission deadline. Staff reviewed the bids received and both bidders were deemed responsive and responsible. Villa-Fuerte Construction, LLC was contacted to resolve a minor irregularity. Staff determined that Villa-Fuerte Construction, LLC is the lowest responsive and responsible bidder. Staff therefore recommends the contract be awarded to Villa-Fuerte Construction, LLC, the lowest responsive and responsible bidder, for a total contract amount of $210,530.00. Required Signatures -DocuSigned by: I Project Manager: Melissa Pearson I W,t,(,iSSa. Vt,al.V'Sbin/L/LVL3 by: I Procurement Strategist: Barbara Lance I "' C " J/ �/ LVLJ Procurement Services Director: DocuSigned by: San r Wef Cf d F5... 5/2/2023 Date N_ M N C N E L U c2 Q Packet Pg. 731 DocuSign Envelope ID: OD58BB47-3301-43A8-B9B6-5CCBODOF87C1 Cotter C,0KMty Road Maintenance Division Transportation Management Services Department May 1, 2023 Barbara Lance, Procurement Strategist Collier County Procurement Services Division 3295 Tamiami Trail East Naples, Florida 34112-5361 4800 Davis Blvd ♦ Naples, FL 34112 ♦ Phone 239-252-8924 RE: Design Entity Letter of Recommended Award (DELORA) Invitation to Bid 23-8121 "Chokoloskee Bridge and Causeway Repair" Dear Ms. Lance: 16.B.10.b The scope of services for Invitation to Bid No. 23-8121 "Chokoloskee Bridge and Causeway Repair" to repair damages resulting from Hurricane Ian in restoring safe access to Chokoloskee Island. Collier County received two bids by the April 19, 2023 bid end date. As the Professional Engineer with Collier County, Road Maintenance Division, I reviewed the five references (two governmental and three from a private business as the subcontractor for Florida Department of Transportation). All the references submitted for this project are of similar scope and size, and the comments provided by those references deemed the work was performed satisfactorily with no issues. My review of the lowest responsive and responsible bidder for this project is completed, and I am pleased to provide my award recommendation to Villa-Fuerte Construction, LLC. Collier County, Procurement Services Division, reviewed the bid tabulations and determined that the apparent r low bidder is Villa-Fuerte Construction, LLC with a bid offer of $210,530. The bid amount is approximately T- 3.65% less than the project's Engineers Opinion of Probable Costs (OPC) amount of $218,495. Villa-Fuerte A Construction, LLC is a corporation that was formed in the State of Florida on September 20, 2017 and is authorized cm to transact business in the state. Please call or email me with any questions. ti v Respectfully, Christo her Digitally signed by p Christopher P Covert, PE Date: P Covert, PE 16:5602204'00'1 LU Christopher P. Covert, PE N Principal Project Manager M Road Maintenance Division N 4800 Davis Boulevard, Naples, Florida 34112 Christopher.Covert@colliercountyfl.gov E C: Barbara Lance, Procurement Strategist; Sarah Hamilton, Procurement Manager — Sourcing; Melissa Pearson, Contract Administration Specialist. Packet Pg. 732 DocuSign Envelope ID: OD58BB47-3301-43A8-B9B6-5CCBODOF87C1 16.B.10.b Cofer County Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8121 Reference Check by: Christopher Covert PE Solicitation Title: Chokoloskee Bridge and Causeway Repair Date: 4/27/23 Bidder's Name: Villa-1=uerte Construction, LLC Phone: 239-252-5820 Design Entity: KCl Technologies, Inc. EFERENCED PROJECT: Project Name: Summerlin Over San Carlos Project Location: Lee County Project Description: Bridge repairs Completion Date: August; 2022 Contract Value: $442,153.50 Project Owner/Title: Lee County County Board of County Commissioners / Senior Engineer Owner's Address: 5560 Zip Drive, Fort Myers, FL, Phone: 239,707,6988 Owner's Contact Person: Avelino Cancel E-Mail: aCaneel a leegov.com 1. Was project completed timely and within budget? (If not, provide detail) There was a change order, additional concrete repairs where needed. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) yes 3. Was the construction process performed satisfactorily? (If not, provide detail) yes a. Did the process run smoothly? Were there any changes? Describe below. there was a change order for additional concrete repairs. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? NIA 7. Additional comments: Villa£uerte is one of the best contractors to work with. Avelino Digitally signed by Avelino Cancel Tab 2 -Appendix H2 --Template - DELORA Vendor Reference Check Log - rev 02-14-20 Date:2023.05.01 C a n ce I Packet Pg. 733 DocuSign Envelope ID: OD58BB47-3301-43A8-B9B6-5CCBODOF87C1 16.B.10.b Cofer C014f1t y Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8121 Reference Check by: Christopher Covert PE Solicitation Title: Chokoloskee Bridge and Causeway Repair Date: 4/27/23 Bidder's Name: Villa-Fuerte Construction, LLC phone: 239-252-5820 Design Entity: KCI Technologies, Inc. REFERENCED PROJECT: Project Name: Johns Pass Bridge Project Location: Pinellas County Project Description: Bridge rehabilitation Completion Date: March 2023 Contract value: $361,417 Project Owner/Title: Quinn Construction Owner's Address: 1321 77th St E Palmetto, FL Phone: 941--527-6892 Owner's Contact Person: Suzanne Quinn, Vice President E-Mail: quinnconstructionfl@gmail.coni 1. Was project completed timely and within budget? (If not, provide detail) The substantial completion was on fine and within the budget. The project is pending final completion 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes S. Was the contract closeout process performed satisfactorily? (If not, provide detail) Project is pending final completion. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? Project is pending final completion. 7. Additional comments: Tab 2 - Appendix H2 —Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 734 DocuSign Envelope ID: OD58BB47-3301-43A8-B9B6-5CCBODOF87C1 16.B.10.b Coder County Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8121 Reference Check by: Christopher Covert PE Solicitation Title: Chokoloskee Bridge and Causeway Repair Date: 4/27/23 Bidder's Name: Villa-Fuerte Construction, LLC Phone: 239-252-5820 Design Entity: KCI Technologies, Inc. REFERENCED PROJECT: Project Name: New Pass Bridge Repairs Project Location: Sarasota County Project Description: Bridge rehabilitation Completion Date: October 2021 Contract Value: $ 232,567 Project Owner/Title: Quitui Construction Owner's Address: 1321 77th St E Palmetto, FL Phone: 941-527-6892 Owner's Contact Person: Suzanne Quinn, Vice President E-Mail: gLtinnconstructionfl@gmail.coan 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (if not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Ys, no chagnes 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? 110 7. Additional comments: Tab 2 - Appendix H2 —Template - DELORA Vendor Reference Check Log - rev 02-1420 Packet Pg. 735 DocuSign Envelope ID: OD58BB47-3301-43A8-B9B6-5CCBODOF87C1 16.B.10.b r� co ,e-r C01414ty Procurement Services Division Solicitation No,: 23-8121 Reference Check by: Christopher Covert PE Solicitation Title: Chokoloskee Bridge and Causeway Repair Date: 4/27/23 Bidder's Name: Villa-Fuerte Construction, LLC Phone: 239-252-5820 Design Entity: KCI Technologies, Inc. REFERENCED PROJECT: Project Name: S105 Hatchett Creek Project Location: Sarasota County Project Description: Bridge rehabilitation Completion Date: March 2022 Contract Value: $101,312.40 Project Owner/Title: Quinn Construction Owner's Address: 1321 77th St E Palmetto, FL Phone: 941 -527-6892 Owner's Contact Person: Suzanne Quinn, Vice President E-Mail: quinnconstructionfl@gmail.com 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (if not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. No changes S. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 7. Additional comments: Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 736 DocuSign Envelope ID: OD58BB47-3301-43A8-B9B6-5CCBODOF87C1 16.B.10.b CTr oer County Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8121 Reference Check by: Christopher Covert P.E. Solicitation Title: Chokoloskee Bridge and Causeway Repair Date. 4127/23 Bidder's Name: Villa-Fuerte Construction, LLC Phone: 239-252-5820 Design Entity: KCI Technologies, Inc, REFERENCED PROJECT: Project Name: Big Carlos Bridge Repairs Project Location: Lee County Project Description: Bridge repairs, span repairs. Completion Date: March 2022 Contract Value: $240,045.90 Project Owner/Title: Avelino Cancel, Sr. Engineer - Lee County Board of County Cotntnissioners Owner's Address: 5560 Zip Drive, Fort Myers, FL, Phone: 239-707-6988 Owner's Contact Person: Avelino Cancel E-Mail: I acanccl a leegov.corn 1.. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) NIA 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes, no changes 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 7. Additional comments: One of the best contractors. Ave[ n Digitally signed by Avelino Cancel Tab 2 - Appendix H2 —Template - DELORA Vendor Reference Check Log - rev 02-14-20 Cancel Date:2023.05.01 08:32:24-04'00' Packet Pg. 737 DocuSign Envelope ID: OD58BB47-3301-43A8-B9B6-5CCBODOF87C1 16.B.10.c Project Manager: Melissa Pearson Procurement Strategist: Barbara Lance 23-8121 BID TABULATION Chokoloskee Bridge and Causeway Repair Project ID: 50280.1 Notices Sent: 35,796 Bid Packages Downloaded: 70 Submittals: 2 Villa-Fuerte Constrction LLC Douglas N. Higgins, Inc ENGINEER'S ESTIMATE Pay Item # Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 101-1 MOBILIZATION LS 1 $ 35,000.00 $ 35,000.00 $ 39,000.00 $ 39,000.00 $ 25,000.00 $ 25,000.00 102-1 MAINTENANCE OF TRAFFIC LS 1 $ 25,000.00 $ 25,000.00 $ 39,000.00 $ 39,000.00 $ 20,000.00 $ 20,000.00 110-1-1 CLEARING AND GRUBBING LS 1 $ 10,000.00 $ 10,000.00 $ 34,000.00 $ 34,000.00 $ 10,000.00 $ 10,000.00 120-6 EMBANKMENT CY 519 $ 80.00 $ 41,520.00 $ 124.00 $ 64,356.00 $ 60.00 $ 31,140.00 121-70 FLOWABLE FILL CY 22.8 $ 150.00 $ 3,420.00 $ 800.00 $ 18,240.00 $ 500.00 $ 11,400.00 160-4 TYPE B STABILIZATION SY 69 $ 65.00 $ 4,485.00 $ 60.00 $ 4,140.00 $ 15.00 $ 1,035.00 285-704 OPTIONAL BASE, BASE GROUP 04 SY 69 $ 65.00 $ 4,485.00 $ 120.00 $ 8,280.00 $ 40.00 $ 2,760.00 334-1-12 SUPERPAVE ASPHALTIC CONC, TRAFFIC B TN 9.5 $ 600.00 $ 5,700.00 $ 900.00 $ 8,550.00 $ 300.00 $ 2,850.00 339-1 MISCELLANEOUS ASPHALT PAVEMENT TN 3.5 $ 600.00 $ 2,100.00 $ 900.00 $ 3,150.00 $ 400.00 $ 1,400.00 530-74 BEDDING STONE TN 250 $ 80.00 $ 20,000.00 $ 144.00 $ 36,000.00 $ 365.00 $ 91,250.00 530.9999 ARTICULATING CONCRETE BLOCK SF 1550 $ 30.00 $ 46,500.00 $ 73.00 1 $ 113,150.00 $ 10.00 1$ 15,500.00 570-1-2 PERFORMANCE TURF, SOD SY 1232 $ 10.00 $ 12,320.00 $ 20.00 1 $ 24,640.00 $ 5.00 1 $ 6,160.00 BID TOTAL $ 210,530.00 $ 392,506.00 $ 218,495.00 REQUIRED FORMS AND DOCUMENTS Yes/No Yes/No Bid Schedule Yes Yes Form 1: Bid Response Form Yes Yes Form 2: Contractor's Key Personnel Assigned to the Project Yes Yes Form 3: Material Manufactures Yes Yes Form 4: List of Major Subcontractors Yes Yes Form 5: Statement of Experience of Bidder Yes Yes Form 6: Trench Safety Act Yes Yes Form 7: Bid Bond Yes Yes Form 8: Insurance and Bonding Requirements Yes Yes Form 9: Conflict of Interest Affidavit Yes Yes Form 10: Vendor Declaration Statement Yes Yes Form 11: Immigration Affidavit Certification Yes Yes Form 12: Bidders Checklist Yes Yes Grant Documents Yes * Yes Addendum N/A N/A E-Verify Yes Yes Sunbiz Yes Yes License Yes Yes Vendor W-9 Yes Yes * Minor irregularity, documents obtained. Bid Opened By/Date: Barbara Lance 4/19/2023 Witnessed By/Date Juan Delgado 4/19/2023 r Q Packet Pg. 738 16.B.10.d FORM 1- BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHOKOLOSKEE BRIDGE AND CAUSEWAY REPAIR BID NO. 23-8121 Full Name of Bidder Villa-Fuerte Construction LLC Main Business Address 31 Sevilla Avenue Arcadia FL 34266 Place of Business 31 Sevilla Avenue Arcadia FL 34266 Telephone No. (863) 444-0143 Fax No. NIA State Contractor's License # CBC1262381 State of Florida Certificate of Authority Document Number L17000195112 Federal Tax Identification Number 82-2889379 DUNS # KWLQRYDEQBN5 CCR# Cage Code 9FVY7 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 04152022 Packet Pg. 739 16.B.10.d 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 forty-five (45) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signature.,_ Title: Date: oq—1 I y O-U-11� Construction Solicitation Doc rev 04152022 Packet Pg. 740 16.B.10.d FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT CHOKOLOSKEE BRIDGE AND CAUSEWAY REPAIR Bid No. 23-8121 Name Jose Villafuerte, President Construction Solicitation Doc rev 04152022 Personnel Cate o Construction Superintendent Project Manager N M N LO ti LO N Packet Pg. 741 16.B.10.d FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY 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 Iisted 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: Signature: Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: A k i )a -, 4e, Signature: Construction Solicitation Doc rev 04152022 Date: EXCEPTION MANUFACTURER Date U T .A 'a3 N a0 M N LO ti v LO N Packet Pg. 742 16.B.10.d FORM 4 - LIST OF MAJOR SUBCONTRACTORS THIS FORM 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 Iicenses, 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 L Electrical 2. Mechanical 3. Plumbing 4. Site Work 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: Signature: Construction Solicitation Doc rev 04152022 LU- �Date: -Ict ra LO ti v LO N Packet Pg. 743 16.B.10.d FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. The Bidder is required provide five (5) project references, stated below, of 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. 57_ (project name} J (project owner) 7 S PC r (project location) (Owner's address) Gloinn V i - res Zieq-� (project de ription) (Owner's contact person) (title) 12/2021-03/2022 $1031P,4h(11_��—�._�a�4� 1'_ (project start/completion dates) (contr&ct value) (phone) (email) c 2. r1 rs 1 - ��r�tn� C ansrtf� (project name) (project owner) Sc"','-�. Cl S d Yale -) L (project location) (Owner's address) (project deMription) (Owner's contact person) (title) 02/2021-10/2021 s Q _ si-: 6YL-A �.��IY1+�lC�+c�S�,�-1Un (project start/completion dates) (contract slue) (phone) (email)} GO•. OaS GIST kJY1ClCl� "' tiV Y U� Cc (project name) (project owner) Co v al—SA-. E, ilAm6+o, Fz (project location) (Owner's address) (project desc ' tion) (Owner's contact person) (title) 11/2022-03/2023 � Walue� (project start/completion dates) (contrac(phone) (email (3mci'' C C r Construction Solicitation Doc rev 04152022 Packet Pg. 744 16.B.10.d FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER 4. (project name) (project owner) Q �2 m (project location) (Owner's address) 3 a� N byrS (project de iption) (Owner's contact person) (title V d�� cu.nc 1 cal eec�Q C. c M (project completion date) (contract value) (phone) (email) a� L m d N Y >� C- �Q C C - iG� JCL CS L�.cQU o o {project name} (project owner} �� cc Y 0 z (project ation) J (Owner's address) e 1 � anCe, (project de ription) (Owner's contact person.) (ti � N $LrI�LO (phone) (email) CCT e OQ ,1 N ) (project completion date) (contr value hone Company: Signature: Construction Solicitation Doc rev 04152022 LU- Date: 0 Packet Pg. 745 16.B.10.d FORM 6 - TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder Further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure(Quantity) Cost T (Description) LF S 1. 2. 3. 4. 5. Company: Signature: ..(_ Construction Solicitation Doc rev 04152022 TOTAL iC)n L Date: N n — 9-3 Packet Pg. 746 16.B.10.d FORM 7 - BID BOND THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVEINON- RESPONISBLE KNOW ALL MEN BY THESE PRESENTS, that we Villa-fuerte Construction, LLC. -------------------------------------- (herein after called the Principal) and Great American Insurance Company , (herein called the Surety), a corporation chartered and existing under the laws of the State of Ohio with its principal offices in the city of Cincinnati and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Board of County Commissioners (hereinafter called the Owner), in the full and just sum of ----- Five Percent of Amgprit Bid ----- dollars ($ ----- 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. 23-8121 CHOKOLOSKEE BRIDGE AND CAUSEWAY REPAIR. 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 ofthe 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 Amt. Bid noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 19th day of April 20 23 . m Great American Insurance Company - 301 E 4th Street Cincinnati OH 45202 Sloan, Mtomey-In-Fact & Florida Licensed Resident Agent NIA Appointed Producing Agent for . Great American Insurance Company Inquiries: (321) 800-6594 Principal (Sea]) Surety Tmm N M N u� ti Ln N Packet Pg. 747 16.B.10.d 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 THREE No. 0 21494 POWER OF ATTORNEY KNOW ALL MEN BYTI ESE 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 attomey-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 JORGE BRACAMONTE JESSIE SLOAN KARLA YVONNE TOMASZEWSKI Address ALL OF ORLANDO, FLORIDA Limit of Power ALL $100,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREATAMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate O officers and its corporate seal hereunto affixed this 18TH day of JANUARY 2022 p Attest GREAT AMERICAN INS AN 0 CE COMPA cm Assistant Secretary Divisional Senior trce President � M N STATE OF OHIO, COUNTY OF HAMIIITON - ss: MARK VICARIO (a77-377-2405) On this 18TH day of JANUARY 2022 before me personally appeared MARK VICARIO, tome known, ti 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 14 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 Ln 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 N by like authority. M U) } r, SUSAN A KOHORST 0 CL sn Notary Public O State of Ohio a My I °+ Comm. Expires c May 18, 2.02.5 _ This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of GreatAmerican Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior lice Presidents, Divisional rice Presidents and Divisonal Assistant Fite Presidents, or any one of them, 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 surety, 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 oftheir authority, and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seat 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 of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the 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 force 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 and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. v Signed and sealed this : • day of April 2023 Q Assistant Secretary S1029AH (03120) Packet Pg. 748 16.B.10.d 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 Coun y'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 thew 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 V 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 CM r work performed on behalf of Collier County. o0 M N 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- r- insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on N 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. e Coverageo 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 coverages 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 coverageo 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 coverages 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. Packet Pg. 749 16.B.10.d 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 hops://at)ps.fldfs.com/bocexcW2t/ 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 Bodily Injury current ISO form Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. 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 ❑ 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 ® Contractors Pollution $ 1,000,000 Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Umbrella/ Excess $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence Packet Pg. 750 16.B.10.d 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 0 meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance 0 provisions. .1e 0 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial z V General Liability where required. This insurance shall be primary and non-contributory with respect to any other N insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be T_ endorsed accordingly. M N 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 ti Ln 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 U) C Tamiami Trail Bast, Naples, FL 34112 a 13. ®Thirty (30) Days Cancellation Notice required. I C p 14. CoIlier County shall procure and maintain Builders Risk Insurance on all construction where it is deemed projects necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. N Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project V proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 01 GG -- 3/8/23 d Li c� 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. Packet Pg. 751 16.B.10.d Co Tv Count Procurement Services Division FORM 9 — CONFLICT OF INTEREST AirmoAvrr 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: I. All documents produced as a result of the work completed in the pastor currently being worked on for the above - mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non- public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant 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. f Company Name SIgpWre State of Print Name and Title t�rl County of The fore�oi g instrument was acknowledged before me by means of .physical r ence or ❑ nline notarization, this L_ day of r (month}, (year), by ,.1�` (name of person acknowledging). (Signature of Notary aPublic - State of F a) . . (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification ��c..V_ tr 4�-_ ��- caa-� ype of Identification Produced MARICELAORTIZ Commission # HH 088421 ; Z4a Expires February $, 2025 9or&d ii ru Troy Fain Insurance 800-365-7019 Packet Pg. 752 16.B.10.d corer C014MY Procurement Services 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 jTNy of , 20aan the County of in the State of. F ic�� 4 Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: S cIj k- Aa. ACV -e - qs�\a Packet Pg. 753 16.B.10.d Cor Count Procurement Services Division FORM 11- IMMIGRATION AFIFIDAVVIT 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 rgguirements set forth in Florida Statutes W8.095, 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, State of 'F lo r d G County of —1�:> C sc�o --:Fvr4, C,.4,j,-&, Company Name �` rc,Signature �)e4t . Res den - Print Name A d Trtle The foregoing instrument was acknowledged before me by means o El physical p esence or la online notarization, this 'day of. r t (month), (year), by v I'r (name of person acknowledgig). t C—J (Signature of Notary Public - State orida) xv](L C 0, i (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced�~ , •SFAr a .. MARICELAO: �� Commission # HH 088421 ,�- Expires Februarlr 3, 20 ��Faa DW Bonded Thru Ttoy Fain InSurinGe25 890' �7019 L M Q. d M m u7 M V c M d a� �L m m u7 0 0 0 t U N M N u� ti Ln N O u7 0 a 0 L. IL i c 0 U M W a O UI d d u- N T- op M 04 d E t a r Q Packet Pg. 754 16.B.10.d Send payments to: (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Secondary Contact for this Solicitation: Email: Phone: Additional Contact Information name used as payee : i '.ki I • ` "A. a L a m N 7 U c R a� a� �L m m ai N O 0 Y O t U N M N LO ti v LO N - Lo Packet Pg. 755 16.B.10.d Pay Item # 101-1 102-1 110-1-1 120-6 121-70 160-4 285-704 334-1-12 339-1 530-74 5309999 570-1-2 23-8121 Chokoloskee Bridge and Causeway Repair Project ID: 50280.1 BID SCHEDULE Description Unit Quantity I Unit Price MAINTENANCE OF TRAFFIC CLEARING AND GRUBBING EMBANKMENT FLOWABLE FILL TYPE B STABILIZATION OPTIONAL BASE, BASE GROUP 04 SUPERPAVE ASPHALTIC CONC, TRAFFIC MISCELLANEOUS ASPHALT PAVEMENT BEDDING STONE ARTICULATING CONCRETE BLOCK PERFORMANCE TURF, SOD LS 1 $ 35,000.00 $ LS I $ 25,000.00 $ LS 1 $ 10,000.00 $ CY 519 $ 80.00 $ CY 22.8 $ 150.00 $ SY 69 $ 65.00 $ SY 69 $ 65.00 $ TN 9.5 $ 600,00 $ TN 3.5 $ 600.00 $ TN 250 $ 80.00 $ SF 1550 $ 30.00 $ SY 1232 $ 10.00 $ BID TOTAL $ Total Cost L 35,000.! 25,000.( 3 a� N 10,000.( U 41,520.( a� 3,420.0 -� �L m 4,485.0 4,485.G c Y 5,700.0 v 2,100.0 N 20,000.0 N LO 46,500.0 LO N 12,320.0 _ c� 210,530.0 am Packet Pg. 756 16.B.10.d DIVISION OF CORP I JI'm'10'I JJ . .orgDIXf uu uj/irial 31we of 1"10 i!lu web5ife Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company VILLA-FUERTE CONSTRUCTION, LLC Filing Information Document Number L17000195112 FEI/EIN Number 82-2889379 Date Filed 09/20/2017 State FL Status ACTIVE Principal Address 31 SEVILLAAVE ARCADIA, FL 34266 Mailing Address 31 SEVILLAAVE ARCADIA, FL 34266 Registered Agent Name & Address VILLAFUERTE, JOSE 31 SEVILLAAVE ARCADIA, FL 34266 Authorized Persons) Detail Name & Address Title AMBR VILLAFUERTE, JOSE 31 SEVILLAAVE ARCADIA, FL 34266 Annual Reports Report Year Filed Date 2021 02/01 /2021 2022 01 /25/2022 2023 01/17/2023 Document Images 01/17/2023 --ANNUAL REPORT View image in PDF format Packet Pg. 757 1 01/25/2022 --ANNUAL REPORT 02/01/2021 --ANNUAL REPORT 03/22/2020 --ANNUAL REPORT 04/05/2019 --ANNUAL REPORT 04/14/2018 --ANNUAL REPORT 09/20/2017 -- Florida Limited Liability View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations T- N a0 CO) N C N E M V f� r Q Packet Pg. 758 2 pue 86pue 00As01031043„ 6M-CZ : 5LtGZ) lesodoad-uo!;3na;suoo e:pen=l-ell!n l•ZLS-CZ :;uOWLpe;;y Q O LL LL O LLI Q N Z O Q J D 0 LLI CC Q Z O zn- to LLI LL O w a Z LLJ Z v I W LL O Z LLI 2 H CC Q a LLI n LU w 0 0 w w U V) Z w cy— O U Z O Z 0 00 W N O N E o N O M J � %a L.L a E u W O Q o N i Z a) _O U -J � � C X > ° W V) f>B Q ❑� CD LO ti a� a Y V m a i N U N C vi c� G pue 86pue 00As01031043„ 6M-CZ : 5LtGZ) lesodoad-uo!;3na;suoo e:pen=l-ell!n �ZL8-£Z :;uOWLpe;;y Q O J LL LL O LLI Q Z 0 Q J tD V LLI OC Q Z �O v1 W LL O a Z Q N W Z N W LL O Z LLI 2 H CC Q a LLI n LU w 0 w LL w U V) Z w cy- O U Z O z m W 1� O N E L C O U J � 7 o 4-j E U O -E N O N i a) N +, c a) U a-J O N 0 N Q ❑� 16.B.10.d W-9 Request for Taxpayer Give Form to the Farm (Rev. October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to wwwJrs gov1FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Villa-Fuene Construction LLC 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 0 following seven boxes. certain entities, not individuals; see o p ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): single -member LLC Exempt payee code (if any) ao u Q Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► S i o 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 w LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is LLC is from code if any) ( a v another that not disregarded the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that :� is disregarded from the owner should check the appropriate box for the tax classification of its owner. d ❑ Other (see instructions) ► (Applies to accounts maintained outside the U.S.) y5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 31 Sevilla Ave 6 City, state, and ZIP code Arcadia, FL 34266 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number 11- backup withholding. For individuals, this is generally your social security number (SSN). However, fora � resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other _❑J entities, it is your employer identification number (EIN). If you do not have a number, see !-low to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. I j 3"ou""""ME Under penalties of perjury, 1 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. 1 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. 1 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 11, later. 01tol r Signature of Here U.S. person Do- ,yQ„ Date► 04/19/2023 GenerallnstructKns . v Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.Irs.gov1FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Packet Pg. 761 E-Verify. Company ID Number: 1590768 Approved by: of^ry 16.B.10.d �� IIIIIII e�gND SEC, E VERIFY IS SERVICE OF DHS AND SSA Employer Villa-fuerte Construction LLC Name (Please Type or Print) Title Jose Villafuerte Signature Date Electronically Signed 09/23/2020 Department of Homeland Security - Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 09/23/2020 N M N LO ti v LO N Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 762 E-Verify. Company ID Number: 1590768 a�^Fti 16. B.10.d IIIIIII �E�ANU SF�Jp E-VERIFY IS A SERVICE OF DNS AND SSN Information Required for the E-Verify Program Information relating to your Company: Villa-fuerte Construction LLC Company Name 31 SEVILLA AVE ARCADIA, FL 34266 Company Facility Address 31 SEVILLA AVE ARCADIA, FL 34266 Company Alternate Address County or Parish DE SOTO Employer Identification Number 822889379 North American Industry Classification Systems Code 236 Parent Company Number of Employees 1 to 4 Number of Sites Verified for 1 site(s) N M N LO ti v LO N Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 763 16.B.10.d EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives_ If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed 00 subcontract must be available to the County for review and approval. The Contractor agrees to include in Y the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is c bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the c County and the Grantor Agency harmless against all claims of whatever nature arising out of the '9 0 subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Count may document in the quarterly report the Contractor's progress in performing is work under this v Y Y q Y P P 9 p 9i agreement. N On behalf of my firm, I acknowledge, the grant requirements identified in this document. M N LO ti Vendor/Contractor Name 1Cmsiyuk�cf v LO N Date 014 -D oaf Authorized Signature EXHIBIT I - 8 Packet Pg. 764 16.B.10.d EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR r By: ai6nature 1 Name and Title Street A dress i City, State, Zip UEI Unique Entity Identifier (for SAM.gov verification) Date Sub -Recipient Name: Collier County Board of County Commissioners OEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 Packet Pg. 765 16.B.10.d EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT will be veri%d. Uwterr4ble statuses wiR require the PRIME to either proWe a revised statement or prowide source documentation that validates a A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NANII PAIFAE FED NUMBER CONTRACT DOLLAR AMOUNT t3 THE PRILIE A FWRLDA-CERMFIED WSADYAUTAGED., vTTEpAN Y N tS THE ACTIY9TY OF THIS COWAACT._ MiNORM OR WOMEN BUSMESS EfiTERPRtSE? #DWLIBWiBE) OR HWA A SMALLOtSMIVAluTAGEL DOE? � ti CCrfiSTRtiCT1ON ? Q N BUNNESSSACERTIFICAMNfROMTHE SMALL BLGINES5 tdOE? � N C:OUSULTATtON? Y fd ADMIMSTRATMN? A5UVICEDISABLrO ETERANt WISE? Y N OTHER? Y 5DB SA? 'Y td ISTHBSSU6A11SS*"AArVTS50N1Y d iFYf'.§,R11SIGI1IUMBEP B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE W WSE SL36CONTAaCTOR E7R SUP PL IER TYI?€ OF WORK OR ETHNKf Y CET E SUB/SUPPLIER PERCENT OF CONTRACT VETERANidAME SPECMTY (See Bek7W)� DOLLAR AMOLIffT DOLLARS C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR DATE TITLEDFSU5MrT ER r k LLL O--V-31- C)s e-- U " N vMukN-C -- --- EMAIL AVORFS5 04: PRIME {SUBMtPCt:A) I TELEF"GUE NUMISER FAXNUMSER NOTE: This information is Used to track and revert ant➢Cipai�d DOE of MBE participation in federaffy-furbded contracts. The anticipated DBE or MSE amount is voi untary and wilt not become part of the contractual terms. This fors must be submitted at timeof respcgse to a solicitation. if and when awarded a County contract, the prime mnll be asked to clpdiete the information for the grans complance files. tT)iNICttY w. CODE Black American aA . "tSpanicAmerican HA Native American NA SUbccrst. Asian Amerirart SAA As2fl-PadiiClARWriM APiA i5 m-Minoriri women NNW Other: not of any other group listed O �_• 0EPAR1%1ENT?4AMED. ____ _ICJI� TcoSERcDt4TRLCOMPLETED RfPor CePEC;iCOLLIER CO COUNTY 6FWMPgOr.RAWCOMRACT AC-CEPTfD BY 1 DATE EXHIBIT I - 10 Packet Pg. 766 16.B.10.d EXHIBIT i FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceedinsa $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid orwili be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all `N subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative 00 agreements) and that all subrecipients shall certify and disclose accordingly. N LO This certification is a material representation of fact upon which reliance was placed when this transaction was v made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction LO N imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file `r the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 N for each such failure. o The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. n L�_L Contractor (Firm Name) Sig re of Contractor's AutKozed Official d�- Name and Title of Contractor's Authorized' Official Date EXHIBIT I -11 Packet Pg. 767 Dat 16.B.10.e CERTIFICATE OF LIABILITY INSURANCE 5/25/ Producer Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend, extend Holiday, FL 34691 or alter the coverage afforded by the policies below. Insurers Affording Coverage NAIC # (727) 938-5562 Insured: South East Personnel Leasing, Inc. & Subsidiaries Insurer A: Lion Insurance Company 11075 InsurerB: 2739 U.S. Highway 19 N. Insurer C: Holiday, FL 34691 Insurer D: _ Insurer E: Coverages L •M 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 p y y pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. Aggregate � limits shown may have been reduced by paid claims. INSR ADDL Policy Effective Policy Expiration Limits LTR INSRD Type of Insurance Policy Number Date (MM/DD/YY) Date(MM/DD/YY) 3 0) GENERAL LIABILITY Each Occurrence $ N Commercial General Liability R Damage to rented premises (EA L) Claims Made ❑ Occur occurrence) $ C Mad Exp d Personal Adv Injury $ -a General aggregate limit applies per: General Aggregate $ ❑Project ❑ LOC Cal Products - Comp/Op Agg $ N y Y AUTOMOBILE LIABILITY Combined Single Limit N O (EA Accident) $ O Any Auto _11C Bodily Injury O All Owned Autos t (Per Person) $ L) Scheduled Autos Bodily Injury Hired Autos V_ N Non -Owned Autos (Per Accident) $ r 00 Property Damage M N (Per Accident) u7 EXCESS/UMBRELLA LIABILITY Each Occurrence ti Occur ❑Claims Made Aggregate Deductible C A Workers Compensation and X I WC Statu- OTH- 3 Employers' Liability WC 71949 01/01/2023 01/01/2024 tory Limits ER ILL E.L., Each Accident $1 000000 , Any proprietor/partner/executive officer/member —_ E.L. Disease - Ea Employee $1,000,000 excluded? NO >I If Yes, describe under special provisions below. d E.L. Disease - Policy Limits $1,000,000 U Other Lion Insurance Company is A.M. Best Company rated A (Excellent). AMB # 12616 R Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 98-66-895 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company": r N Villa-Fuerte Construction, LLC T_ Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s) , while working in: FL. M Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. N A list of the active employee(s) leased to the Client Company can be obtained by emailing a request to certificates@lioninsurancecompany.com r Project Name: CHOKOLOSKEE BRIDGE AND CAUSEWAY PROJECT #23-8121 d ISSUE 05-25-23 (KILT) v O r a Begin Date: 1 31 2021 CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. I TRAIL EAST NAPLES, FIL 34112 Packet Pg. 768 16.B.10.e A� o CERTIFICATE OF LIABILITY INSURANCE I DATE(II 05/26/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Susanne Lombardi NAME: M.E. Wilson Company, LLC PHONE (g41) 999-1900 FAx A/C No Ext : AIC, No): 7264 Kyle Court E-MAIL". slombardi@mewilson.com INSURER(S) AFFORDING COVERAGE NAIC # Sarasota FL 34240 INSURERA: Admiral Insurance Co 24856 INSURED INSURERB: CERTAIN UNDERWRITERS ATLLOYDS Villa-Fuerte Construction, LLC INSURER C : 31 Sevilla Ave INSURER D : INSURER E: Arcadia FL 34266 INSURER F : COVERAGES CERTIFICATE NUMBER: 23-24 w/P&P 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 LTR TYPE OF INSURANCEADDLSUBR INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR PREM SES Ea oNcE ence $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 A Y CA00003781804 03/26/2023 03/26/2024 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO❑LOC ECTPOLICY PRODUCTS-COMP/OP AGG 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LAB DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? NIA E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Professional &Pollution Liability B0621PVILL003623 05/22/2023 05/22/2024 Each Claim Aggregate 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project Information: Chokoloskee Bridge and Causeway Repair Project # - 23-8121 Collier County Board of County Commissioners is named as additional insured on a primary non-contributory basis with respects to General Liability. 30 Day Notice of Cancellation applies. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE FL 34112 LL,J1L_" _ , O,Imo— Q @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 769 16.B.10.e DATE (MMIDDIVYYY) AC R" CERTIFICATE OF LIABILITY INSURANCE 02/28/2023 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 poiicy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Don Knoche NAME: SWeFarM Don Knoche PHONE € : 863-494-2030 o Na; 863-494-1155 xtlail 4 W Oak St. Suite E apoRless: don. knoche.cu5i@statefarm.com cv Arcadia, Fl 34266 0Qi INRtIRFR{Rl CFFnRI71N(; OOVFRanF NaIO S INSURED Villa-Fuerte Construction LLC 31 Sevilla Ave Arcadia, A 34266 INSURER D : State Farm Mutual Automobile Insurance Company 90I01TA=IZT-ACI - d=I:iliIy[ofAN=Izto]iT�1-1=1 aATA&i[rT,1, iff, T 25178 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. _ EXP INSR ADDL SUBR POLICY EFF POLICY NUMBER MM PDIYYYY MMIDOYlYYYY LT TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Es occurrence MED EXP (Any one person) $ PERSONAL & ADV €NJURY $ Y GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ PRO - POLICY ❑ JECTPRO n LOC PRODUCTS - COMPIOP AGG S $ OTHER. AUTOMOBILE LIABILITY x X G28 4319-A10-59B 01/10/2023 07/10/2023 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 x XOWNE❑ xHIRED ANY AUTO SCHEDULED AUT05ONLY AUTOS V NON -OWNED AUTOS ONLY /_�AUTOS ONLY 079 0377-004-59A G87 3759-A07-59 03/04/2023 01/07/2023 09/0412023 07107t2023 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGF {Per accident)- $ u f $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGA CE $ �� EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN STRTUTE 7FRR ANY PROPRIETORIPARTNFPR/EXECUTIVE E.L. EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? ❑ NIA --- E,L. DISEASE • EA EMPLOYEE (Mandatory In NH) S if yea, describe under OESCRIP-1ION OF OPERATONS below I I I E.L. DISEASE • POLICY LIMIT 5 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION W a~ Q SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamlaml Trail East AUTHORI7ra0 REPREgENTATIVE Naples, FI 34112 �01 E 9)1988-2015 ACORD CORPORATION. All rights reserved, ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 10 Packet Pg. 770 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Villa-Fuerte Construction, LLC ("Contractor") of 31 Sevilla Avenue, Arcadia, FL 34266, a Florida Limited Liability Company, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Chokoloskee Bridge and Causeway Repair, Invitation to Bid No. 23.8121 ("Project"), as said Work is set forth in the Plans and Specifications prepared by KCI Technologies, 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: Two Hundred Ten Thousand Five Hundred and Thirty Dollars ($210,530.00). 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. 1 Constructlon Services Agreemenl: 12022_ver 31 CAO 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 Liqiuidated Damaaes. 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 forty-five (45) 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, Nine Hundred and Eighty Dollars ($980.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion, The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 2 Construction Services Agreement: t2022_ver.31 AO 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 #23-8121 "Chokoloskee Bridge and Causeway Repair". Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms ❑ Not Applicable Exhibit B-2: Performance Bond Forms ❑ Not Applicable Exhibit 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: 12022_ver,31 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 #23-8121 "Chokoloskee Bridge and Causeway Repair". The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.com/bidsVnc-cas/, which the parties agree comprise the final integrated agreement executed by the parties, Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. [—]Exhibit J: Technical Specifications ❑Exhibit K: Permits ❑Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: KCI Technologies, 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 Road Maintenance Division 4800 Davis Blvd Naples, FL 34104 Attn: Melissa Pearson, Contract Administration Specialist Phone: (239) 252-5591 Email: Melissa. Pearson2a 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: Villa-Fuerte Construction, LLC 31 Sevilla Avenue Arcadia, FL 34266 Attn: Jose VillaFuerte Phone: (863) 444-0143 Email: villafuerteconstructionllc(a-),gmail.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. 81 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: 4 GAO Construction Services Agreement: 12022_ver.3j "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. 5 construction Services Agreement: [2022_ver 3) CAO 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. Remainder of page intentionally left blank 6 Construction Services Agreement: 12022_ver_31 CA IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: 'n I � �A) I ft+ F R T TNESS V Print Name \- ACIC SECOND WITNESS _SaWo,Au( %�Vi2 Print Name Date: 15 " 13 \ " 0-0 a" - ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller M Approved as to Form and Legality: County Attorney Print Name CONTRACTOR: Villa-Fuerte Construction, LLC By: Print Name and Title Date UTORM BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA RICK LOCASTRO, Chairman Constniction Services Agreement: [2022_ver.3] EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement: [2022_ver,31 23-8121 Cholcoloskee Bridge and Causeway Repair Project ID: 50280.1 BID SCHEDULE, I'ay Item # Description Unit Quantity Unit Price Total Cost 101-1 MOBILIZATION I'S 1 $ 35,000.00 $ 35,000.00 102-1 MAINTENANCE OF TRAFFIC LS 1 $ 25,000.00 $ 25,000.00 1 10-1-1 CLEARING AND GRUBBING LS I $ 10,000.00 $ 10,000.00 120-6 EMBANKMENT CY 519 $ 80.00 $ 41,520.00 121-70 FLOWABL.E FILL CY 22.8 $ 150.00 $ 3,420.00 160-4 TYPE 13 STABILIZATION SY 69 $ 65.00 $ 4,485.00 285-704 OPTIONAL BASE, BASE GROUP 04 SY 69 $ 65.00 $ 4,485.00 334-1-12 SUPERIIAV17 ASPHALTIC CONC, TRAFFIC U TN 9.5 $ 600.00 $ 5,700.00 339-1 MISCELLANEOUS ASPHALT PAVEMENT TN 3.5 $ 600.00 $ 2,100.00 530-74 BEDDING STONE TN 250 $ 80.00 $ 20,000.00 530.9999 ARTICULATING CONCRETE BLOCK SF 1550 $ 30.00 $ 46,500.00 570-1-2 PERFORMANCE TURF, SOD SY 1232 $ 10.00 $ 12,320.00 BID TOTAI. $ 210 530.00 CAO EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDU (FOLLOWING THIS PAGE) 9 Conslrudion Servlces Agreement (2022_ver.3) CAO = ^ FORM I - HID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHOKOLASKEE BRIDGE AND CAUSEWAY REPAIR BID NO. 23-8121 Pull Name of Bidder Villa-Fuerle Construction LLC Main Bnsincss Address 31 Sevilla Avcnt.jeArcadia. F'l. 34266 place of Business 31 Sevilla Avenue, Arcadia, FL 34266 Telephone No. (863) 444-0143 State Contractor's License tF Fax No. N/ A CBC 12623 81 State of Florida Certificate of Authority Document Number Federal Tax Identification Number DUNS N KWLQRYDEQBN5 CCR# 1,1700 0 P51 12 82-288937 9 Cage Code 9FVY7 To: 130AIZD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Biddcr declares that the only person or parties interested in this Bid as principals are those narned herein, that this Bii 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, Biddcr 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 lime 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 talte full payment the sums set forth in the following Bid Schedule: Unit prices shall he 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 Certitcates as required by the Contract Documeras, 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 diflicull, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and lair that Owner receive liquidated damages from (lie 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 04152022 CAO 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 et the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon reeeipt of the signed and approved agreement and Purchase Order, the undersigned proposes to continence work at thesite 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 it modified (Inter) commencement dnte. The undersigned further agrees to substantially complete all work covered by this Bid within forty-five (45) consecutive calendar days, computed by excluding the commencement date and including the Iast 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 acluruwledged by an Authorize Agent Signature: Title: Date: C,Lj'��l Construction Solicitatiar Doc rev 04152022 CAO DORM 2 - CONTIZACTOIZ'S Ki:V PERSONNEL ASSIGNIPD TO 'I'11 C: PROJGCT CNOKOLOSKEE BRIDGE AND CAUSEWAV REPAIR Bid No. 23-8121 Naive Jose Villafilarte, President Construction Solicitation Doc rev 04152022 Personnel CateRol'v Construction Superintendent Project Manager CAO I- FORM 3 - MATERIAL, MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DFFMED NON -RESPONSIVE All Bidders shall confirm by signature that they will providu the manufacturers and materials outlined in this Bid specilcalions, includiu6 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 duality 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 constitutc 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. Signature: I _ Date: Section 13 (Exception requested to Bid specifications manufacturers and materials) GXCEP•fION MATERIAL F-CEPTION_MANUFACTU l.k 2. 3, 4. 5. Please insert additional pages as necessary. Company Signature Et)��-��J t� �,•(•U . Date Construction Solicitation Doc rev 04152022 CAO FORM 4 - LIST Oh' MAJOR SUBCONTRACTORS THIS FORM 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 oullined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility For Insuring 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, hilt not limited to proper licenses, ceilifieations, 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 removelreplace 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 identily all Subcontractors it intends to use on the Project. The undersigned Further agrees that all Subcontractors subsequently identified ror any portion ofwork on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical 2. Mechanical 3. Plumbing 4. Site Work 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path ofthe schedule Company: Signature: Construction Solicitation Doc rev 04152022 N� I A CAO FORM 5 - STATEMENT OIL EXPERIENCE. OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON- RESPONSIVE/NON-RESPONSIBLE. The Bidder is required provide five (5) project references, stated below, of work of similar magnitude, completed within the Iast five (5) years is a judge 01' its experience, skit l and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement, 1, - l 60 S (project name) (project owner) (project location) (Owner's address) 3 ) ��_,�1 P � 1 �� t��<<�►n__ S( ��7�,ne ��! ►non . U 1 t `1,�es �d�,-�� (project de, r ption) (Owner's contact person) (tit le) 12/2021-03/2022-�010Hb Nl- (project start/completion dates) (contract vnlue) (phone) C Q�� y�ll�_Y1Cl(,g_�L1r'S nL \ — 7Uln �Lr v)1(`Yl Ott\�1rt (project name) (project owner) i� (project location) (Owner's address) (project deS ription) (Owner's contact person) (title) 02/2021-1 Q/2Q21 (project start/completion dates) (contract (Plione) (email) C- o r", 3. QIN,.S \aS_5 'f\C.ICit' 1-��(��- .7CD YG1i C0�t)n C-0orAytS�1��Ti (project name) (project owner) !� n as C.0y (� _I� �� 1 -- -1-`-b SA- t --CA \ M,4( 1 `F-L (project location) (Owner's address) L t' `2-n i-Nn c_ Q t tl t'� T (project desot:' tion) (Owner's contact person) (title) 11 /2022-03/2023 $ --SW-,( -1 I �- --62.5-CI " -c (L*YLX.-l� o n 1 (nroiect startkonnaletiotl dates) (contract 3atue) (phone) (email) Construction Solicitation Doc rev 04152022 CAO FORM S - STATEMENT OF EXPERIENCE OF BIDDER 4. C (project name) (project owner) (project location) (Owner's address)—L,-�Cl(� �ci, (project des iption) Owner's contact person) 1SA IIZ2= ► -� b 14(w .(�- CUCAC -It1 cal e�c;csy C v � (meal compiction date) (contract value) (plione) (email) S, _�UCC. -S,P)( (s'3rcC�� . r. Le-e-C our (project name) (project owner) !b � �� nCi S (projeotl cation) (Owner's address) 6S b -Z, ,--S _ �,'�'� i r1US Y�dYk��rc�� Cr (project de ription) (Owner's contact person) (titlol _Q?� -D- �, s ��i� 3�i �o`1— G�CI S. (project completion date) (contrac value) (phone) (email) Company:--_ C_Ve [ T,,!"�"��!� Signature: U Construction Solicitation Doc rev 04152022 Date: —6 t 4'a CAO FORM 6 - TRENCH SAFETY ACT TIIIS FORM MUST HE COMPUTED OR BID MAY BE DEEMED NON -RESPONSIVE. Bidder acknowledges that included in the various iteans of the bid and in the 'l'otal [aid Price nre costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. Tlic Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure (uantit —cast (Description) LF SY iU � 2. 3. a. s. TOTAL Company: Signature: Construction Solicitation Doc rev 04152022 CAO F ORIN17 -1111) BOND — THI S FORNI NIUSTBE CO LE'I'EB Olt Ell)MAY 13F. f)Ia,ME1) NON-RESI'ONSINIE/NON- RESPONISBLT KNOW A1.1, MEN BY THC;SE PRESENTS, that we Villa-fuerteConstruction, LLC. _ ------------------------------------- (herein alter called the Principal) - and .,Great American Insurance Company _ _ (herein called the Surety), a corporation chartered and existing under the laws of llcc Slate of _ Ohio with its principal offices in the city of __ .in ' and authorized to do business in the State of 171oricla— __ are hold and firmly bound unto the (Collier County Board of County Commissioners (hereinal•ter called the Owner), in the fill and just sum of ----- Five Percent of Amount Bid ----- _ dollars ($------ 5% ----- ) good and lawful money of the United States of Amcrica, to be paid upon demand of the Owncr, to which payment well and truly to be made, the Principal and the Surety hind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a laid tier furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Projcct known as Bid No. 23-8t21 C'1-IOKOLOSKEE BRIDGE AND CAUSEWAY REPAIR. NOW,-ft-11,11EFORE, if the Owner shall accept the Bid of the PRINCIPAL, and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten clays alter the (late of a written Notice of Award in accordance with the leans of such laid, and give such bond or bonds in an amount of 100% the total Conti -act Amount as specified in the Bidding)}ocuntents or Contract Docuncnls with good and sufficientsurety For the taithlul performance ofthe Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or. in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCI I'Al. shall pay to the OBLIGEE the fixed sum of$-5% of Amt. Bid noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otltettivise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have mused these presents to be duly signed and scaled this 1Rth _ day Of— April 2023 . BY " 301 E dlh Street Cincinnati, Orl 45202 fes.ic Sloan_ torney-tn-Pact & Florida Licensed Resident Agent CountersiV ed NSA Appointed Producing Agent For _Great American Insurance Company Inquiries: (321) 800-6594 Principal (Scat) Surcly (�;enl) GAO GREAT AMERICAN INSURANCE COMPANY© Administrative Office: 301 E 4TH STREET 0 CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No. 0 21494 POWER OF ATTOI1NrV ]KNOW ALL MIsN RY'i111ESE PRESENTS; 'I'hut Ilse CifC1iATAivfERiCAN INSIJICANC6(:OA41'ANY, a co1l)orttion orgnnl2ed andexisiint; under ntld by vinue oftho lows of tits State of Ohio, dues hereby nominale, constitute and appoint the person or persons named below, each individually if nr*rc than one Is nauned, its Irac Alit lawhl attorney -in -tact, for it and in its name, place and stead to execute on behalf' of the snid Company, as surety any and all honds, unrfertaekings and cona'ac[s of suretyship, ur other written obligations in the nature (hereof, provided that the liability of' the said Company oil mry such bond, undertaking or contract of suretyship executed under this authority shall not exceed [he limit mate+l hclow, Name Address 1_inlit of Power JORGE BRACAMONTE ALL OF ALL JESSIE SLOAN ORLANDO, FLORIDA $100,000,000 KARLA.YVONNETOMASZEW$KI I his Power nfAltomey revokes all previous powers issued on behalf' of the atlornoy(s)-in-loft named abuve. IN WITNESS WI -If RROF the GREATANWRIC:AN INSI.)RANCE COMPANY has caused lheso presents w he signed and attested by itsuppropriate nlJiccrs and its corpornie seal hereunto affixed [his 18TH day. of JANUARY 2022 Allest GREAT AMERICAN INS11YNCL'• COMPANY assisrnnr SkCltr/na btvislntwl S,ralro• New Piwidror, S-rATL--- 017 01110, COUNTY Of I IANIII.I•UN - ss: MARK VICARIO (e77-377-2405) On this 18TIi tin) ul' JANl1ARY 2022 ,before me personally appeared MARK VICAR10, lu me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, (hat he is a Divisional Senior Vice Presidanl of the Bond Division ol'Great American InsuraalccCrnnpau)y, the Company described in turd Which executed the above instnunen% thut he knows the seal of the said Company; shot the seal affixed to the Stlid instrun)ent is such corporate seal; that It was so aflixecl by authority of his office under the lay-I-aw.i of ,aid Company, ;and that he signed his nuntc thereto by like authority. SUSAN A KOHORST Notary Public 9 State of Ohio My Comm, Expires May 1B, 2015 12L4 t'7 r1�' f��a+V""`•"` This Power of Attorney is granted by authority ofthe following resolutions adopted by the Board oTDirectors ofGrent Amcricnn Insurance Company t>y unaninwus written consent da[ed Junc 9, 280S. J?E SULfrN.l): 1.17111 the Ulvisloned Nrt•sident, the severol Divisional Senior Not, Prosidelus, Divisiatrrd Vkv 11residelas and Divi.eowd eissi.ctarll I ice President.e, or elm orle of dIVIII, he rand hereby is outlaii- ed,, fmnl One to lithe, to appoint o,w nr mor-u rinrrrvaups•iu-Fact to exersile on bchaljn/'dte C•nnrparn; av snrgly any roil all bolyds, rmderYcrd•ings nml caurarva• a/ sur;elpship, or otter tr•rlaen ohli,gat 0IkV in Ih@ salw•e thereof; h) prescribe their respective duties and the respectve limits of their uullloriryr and to wi-okc: mY slich tlppahlhllenr at any One. RESOLVED f••C/ltTl/ER: ►hot the C'wnlxlnv sett/ anal the s(Enahua gl'auv ajthr ufuresairll{lln'erc and art} Seastart ar;Isslctanl.Secrehny aflhc+ Comp. any tnuv be affixed 1+)-fiewxiwllc to mlv power ul attorney or Certificate ate of •elther given fi)r the execution of runs hoed, underhrkiug, contract gfmirel)shi p. or• other Wriuun ab/lg(JUVII in HIV IMlrrre thereaf, such sigmahtre and seal when so lixod being herahv ndapivel by the Company eis Iha origGud signature of.vrch al/iecr and the orighud seal of the 0itupllu); to be valid and binding upon the Cwnparry with thesumeforev and quirt as though utronudly a flixed. CE11111 IC ATI0N 1, ST171111EN C•, IIL'RAI IA, Assistant Secretary of(ireat rlmericun Insurance Company, do hereby certify that the foregoing Power ofAIlorney and the Resolutions of the Board of 1)irecicrs of.lune 9, 200E have not been revoked and rare now in full force and ell'eel. Signed and sealed this 19tIl day of April 2023 S1029AH (03M) CAO FORM S- INSURANCE AND 6ONDING REQUII UMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly aathorind to do business in the State of Florida asset forth in FORM 8 of this sol icilation. Tlie Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. Tho 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 iTom 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 oo behalf of Collicr County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to nice( the requirements of this solicitation shall nannc Collier Count),, Florida, us an additional insured as to the operations of Vendor under this solicitation and shall contain n severabiIit), of interests provisions, The Ccilificate 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 oflnsurance must slate the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf'ofCollier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured retentions or dedUCJhICS 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. Coverageo shall be maintained without interruption fronn the date of comm1cncennent of the Work Until the date of completion and acceptance ofthe scope of work by the County or as specified in th is 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-ftxn• (24) hou3 after receipt, of any notices of expiration, concellatio n, non- rendwal 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 tine 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 li mit reinstated to the full extent permitted under such policy. Should nl any tinnc the Vendor not maintain the insurance coveraBe ij required herein, the County may terminate the Agreement or at its sole discretion shall be auUnorized to purchase such coverages and charge the Vendor for such coveragejs]t purchased. If Vendor fails to reinnburse the Counly 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 he under no obligation to purchase such insurance, nor Shall it be responsible for the covorageL�] purchased or (he insurance company or companies used. The decision of the County to purchase such insurance coverage(W 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 Cuoi(icate(s) of Insurance not later than ten (10) calendar clays after the expiration date on the certilicate. Failure of the Vendor to provide the County with such renewal ccrtificate(s) shall he considered justification for the County to terminute any and all contracts. CAO Collier County Florida fnyurance and Bonding Requirements Insurance / Bond Type Required Limits I . ® Workor's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all federal Government Statutory Limits and Requirements Evidence ol' Workers' Compensation coverage or a Certificate of Exemption issued by the State orFlorida is required. Entities that are Formed as Solc Proprietorships shall not be required to provide a proof of exemption. An application For exemption can be obtained online at htlps://apDs.tldrs.crnn/bocexempt/ 2. ® Employer's Liability $_1,000,000_single limit per occurrence I ® Commmial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the $_1,000,000_single limit per occurrence, $2,000,000 algregale for Bodily Injury current ISO Form Liability and Properly Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4, ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' Ices, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the perfbrmnncc of this Agreement. 5. ® Automobile Liability $_1,000,000� Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/1-lired; 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 ❑ Mari6nrc Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircrall Liability coverage shall be carried in limits of not less than $5,000,000 each occurrenec irapplicable to the completion of the Services raider this Agreement. $ Per Occurrence ® Contractors Pollution $ 1,000,000 Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Umbrella/Excess $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence C O 7. [] Bid bond Shall be submitted with proposal response in the forin 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, Ire, 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. I U. ® 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-contributoiy 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. 0 On all certificates, the Certificate Holder must read! Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 341 12 13. E Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all consU•uction projects where it is deemed necessary. Such coverage shall he endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project land the Contmctor shall not include Buildors 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. GG — 3/8/23 Vendor's Insurance Acceptance By submission of tho 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 ofsix (6) months from the date of award. CAO CJ i r County Procurement Services Division FORM 9—CONFLICT OF INTFRE5T AFF10AVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with [his solicitation floes 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 all alTilrated past or current Collier County project identified above to evaluate proposals / past performance of itselfor 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 prgjecl identified above which may have provided the contractor (or an affiliate) with an unfinir competitive advantage in current or tlrture solicitations and contracts, In addition to this signed affidavit, the contractor / vendor must provide the following: I. 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 ru:ord (in the "sunshine") or through non- public (not in the "sunshine") conversation (s), meeting(s), docurnent(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($). 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 concenning past, present, or currently pianned inrcrest or, activity (financial, conlractual, organizational, or otherwise) which relates to the project identified above has berti fully disclosed and does not pose an organizational conflict. j 4 ` 6 �- Company Name Si M u e I, tt IPrint Nn�ne MIATi1lr+ state of_ Ronda County of_C ? a The fore .ng mstrun ent was acknowledged before me by means of `physioa`l pr sence or O online notarization, this�day of_ }'t�._ (month), ��()? (year), by J ' `. V ti 1S,�ir'i�l' (name of person acknowledging), G C�. (Signatu a of Notary Public - State of is ►&) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known Olt Produced IdenliticnHon 0cJ1�ype of Identification Produced ,,:�Aytlyfi,, tdARICELAORTIZ Commission 0 HH 088421 a: Expires February 3, 2025 %!„°• Bonded Ttvu Troy FaIn Inwranea 800.905.7019 CAO Cottle-V County Procurement Services Division FORM It) —VENDOR DECLARATION STATEM ENT HOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, hloridu 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 rally examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document liar 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 Lite documents listed by the above referenced Sol icitntion. Farther, 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 perrorm as n 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 thisjq�--day of�).Qy L20,25, the County of -Da S ,lm in the State of—'El+i:itw Q Firm's Legal _�11 � ~l�tCi� C� � �ii��YUC:.�IC�r1, I�L Name: Address: S City, State, Zip cckA \ a D-G tr- Code: Florida �� 1J C). Q Certificate of Authority Document Number Federal Tax �l Identification Number , 1 ��,�i�- �Ltz-��1V� ).._�ZF- �'` 1% y . *CCR li or CAGE Code *Only if Grant Funded Telephone: fir " c5(1) 3 4 44--0 \4 Email: Signature by: (hyped and written) Tide, CAO ACe-r Couri.ty Procurement Services Division CORM 11- IMMIGRATION APFIDAVIT CERTIFICATION This Affidavit is required and should 1JU 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 C-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 live (5) day of the County's Notice of.ltecommend Award. ll'AILUIIE, TO EXECUTE THIS AFFIDAVIT f.ERTIFICATION AND SUBMIT WITH VENDOR'S L'ROPOSAUB1111111 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(c) of the Immmigration and Nationality Act ("INA"). Collier Counly 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 Tor unilateral terminalion 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 itt is aware of and in cone liance with the retirements set tbrth in Florida Statutes 4448.095, and agrees to comply with the provisions o f the Memorandum of Understanding with F•:-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 orouosal/bid. State of 'F lo r ) d County of 1)0- 1 hkYlt, Ccns��- i-On U-,C Co mpany Name Signature . r � I'den-1- Print Nume a td'f itic The fore oing instrument was acknowledged before me by means o.f lJ pftysical Ija-esenee or O online notarization III is day Of_ Y ►� (month), Joe (year), by i (nano of person acknowledging). (Signature of Notary Public - State ? orida) nYlre is (I A �- 7. (Print, Type, or Stantp Commissioned Name of Notary Public) Personally Known OR Produced Identification type of Identification Produced ��pe.t;;•.. . ORTIZ C6rj►missi0nti HH 088421 Expires February 3, 2025 ....... .... EondedThNUuyfatnln5w9nw8a��T019 CAO Send payments to: (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Additional Contact Information Company name used as payee f� IO. Email:—U111�� )el��: l�(� r x..��n(��1 '�a 1C1 CC) Office servicing; Collier County to place orders (required if differc:n( from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Secondary Contact for this Solicitation: E-mail: Phone: CAO Owallnund of Stab / Division of Cornolations / Snarrh Recofd:I I Sea�v,-ratify NLM 1 Detail by Entity Name Florida Limited Liability Company VILLA-FUERTE CONSTRUCTION, LLC Filing lnfQrw"-Qn Document Number 1-17000195112 FEI/EIN Number 82-2889379 Date Filed 09/2012017 State FL Status ACTIVE Principal Address 31 SEVILLAAVE ARCADIA, FL 34266 Maillil9.Address 31 SEVILLAAVE ARCADIA, FL 34266 SligI51Q d A9QiA Name-&AO-Lm VILLAFUERTE, JOSE 31 SEVILLAAVE ARCADIA, FL 34266 Authorized Person(s) Detail Narne & Address VILLAFUERTE, JOSE 31 SEVILLAAVE ARCADIA, FL 34266 Arinual. 6gports Report Year Filed Date 2021 02/01/2021 2022 01 /25/2022 2023 01/17/2023 JZ.Q&tIm2fl! k n-a90S 0111717023 - ANNUAL iRFPOR View hwg)tr In PDF founai 1 A ►."�C lILIA [ i UMQV-E14ri11aiowlay View iinapc in POF format View Imaffc In PDF formal View imaqu in PDF formal Vlew imago in PDF Formal Vlow irnage in PDF rormat View Imoge In PDF formni CAO cv C O 1_L Z 0 c C Cu a, J u _ 0 CC w s GC 0 w w 4-0 v p �.. m v Q m Z D ..�,.x'`x O v, 2 Z p< N �0 v N u "^ Vi to " Q W ao N o u V� Z ~ 0 ! V) Z `p C'I) � v `F �' _ N u >, v 0 W u FI`1h O Q N 110 M C _ H 0 V to I j U w M e� 0 —, LL i W �<LL _' m C�7 12 c I Li w pp I I I I; ti .. Q 2 E s 0 H w (Z u o OZ N= , I W O 1n1� m v �° c W Q 0 O L~L I�iE w cn Q ��i� t' Y 0 co r 0 Q I► W CO Z Z i Q W _ U= I' ,; w Q w N v H Z_ Z U u 0 v ° N N 0 z p J Q r_ O 'n I _I L Q f9 u v) J a v C) I F— — —Qj Z NE5O C W m d u 0 w o — ~ V 7- 0 Q) Q a �k 0 w F- ill 11< 11lpna ly f li " O nU_ D 70 Z _O 41 V D O1 W v Q a Z O Ln tA ul LL O °C LL a Li- � OZ W Q tn aW Z m U. Z > W o L Q v a o W Q� n U q N ,-�Co N Z O so M 1 M ~ N c- u �a� m LO U D Q O� ; W . m W Q I��Q o wmp Z,.Z u W 'I o O Q W_ �u g > X 5 C N E c U O t a� O a� a� Ln C a� U s s L a� L O N c O f0 L O 5 c Qi Ln U L O s Form W-V (Rev. October 2010) Department of the Treasury Internal Revenue Service y at cn m a Request for Taxpayer Identification Number and Certification ► Go to www.lrs.9ov/FormW9 for Instructions and the latest Information. Name (as snown on your Income tax return). Nume Is required on ihls line; do not leave trlls line elank, i/illa-Fuerte Construction LLC_ 2 Business nameidisregarded entity name, If different from above 3 Check appropriate box for federal fax classification of the person whoso name Is entered on line 1. Check only one of the following seven boxes. ❑ IndlvlduaVsole proprietor or ❑ C Corporation ❑ S Corporation ❑ Palineraltip ❑ Trust/estate single -member LLC ❑✓ Limited liability company. Enter the lax classification (C-C cut perallon, S-S corporation, P=partnership) ► _ S. _ Note: Check the appropriate box In the line above for the tax classification of the singla-member owner, Do not check LLC If the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of lho LLC Is another LLC that Is not disregarded from the owner for U.S. federal lax purposes. Otherwise, a single -member LLC that Is disregarded from the owner should ohack the appropriate box for the tax classification of Its owner. ❑ Other (see Inst(ucllons) ► 6 Address (number. simel, and sot, or iia, FL 34266 account number( Give Form to the requester. Do not send to the IRS. 4 Exemptions (codes apply only to certain entitles, not Individuals; see Instructions on page3): Exempt payee code (f any) Exemption from FATCA reporting coda (if any) fAP011M to neoounrs MOLT odoMeln Mo U.S.; name and address Enter your TIN In the appropriate box. Tho TIN provided must match the name given on line 1 to avolel l social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprletor, or disregarded entity, see the Instructions for Part I, later, For other _ entities, It Is your employer Identification number (EIN). If you do not have a number, see How to get a [I TIN, later. or Note: If the account Is In more than one name, see the instructions for line 1. Also see What Name and rEmpioyor Identification Number To Give the Requester for guidelines on whose number to enter. I I I I I— v�fe©Ei[7E]�flE] Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer Identification number (or I am welting for a number to be Issued to me); and 2. 1 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 3.1 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 oxempt 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 curronity subject to backup withholding because you have failed to report all interest and dividends on your lax return, For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellallon of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certificatlon, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature of _ Har9 U,S, person► cry N Date► 04/ 19/2023 • Form 1099-DIV (dividends, Including those from stocks or mutual General In�trl�rt� n� funds) Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest Information about develupmenta related to Form W-9 and Its Instructions, such as Iogistatlon enacted after they were published, go to wwwdrs.gcv/FormW9, Purpose of Form An Individual or entity (Form W-9 requester) who Is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), Individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer Identificalion number (EIN), to report on an Information return the amount paid to you, or other afnount reportable on an Information return, Examples of Information returns Include, but are not limited to, the following. • Form 1099-INT (Interest earned or paid) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and thlyd party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loon interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S, person (Including a resident alien), to provide your correct TIN. If you do not rntum Form W-9 to the requester Hrlth a TIN, you might be subject to backup withholding. See What Is backup withholding, later. Cal. No, 102SIX Form W-9 (Rev. 10-2016) CAO E-Verify. Company ID Number: 1590768 Approved by: 4, 0 1-VIAIrY Is AsM ill or YN S A IIA ssl Employer Villa-fuerte Construction LLC Name (Please Type or Print) Title Jose Villafuerte Signature Date Electronically Signed 09/23/2020 Department of Homeland Security - Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 09/23/2020 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 CAO E-Verify Company ID Number: 1590768 cvtnuru A It AVIC(Of PH$MIVM Information Required for the E-Verify Program Information relating to your Company: Villa-fuerte Construction LLC Company Name 31 SEVILLA AVE ARCADIA, FL 34266 Company Facility Address 31 SEVILLA AVE ARCADIA, FL 34266 Company Alternate Address DE SOTO County or Parish Employer Identification Number 822889379 236 North American Industry Classification Systems Code Parent Company Number of Employees 1 to 4 Number of Sites Verified for 1 site(s) Page 14 of 17 E-Verify MOU for Employers I Revision Dace 06/01/13 CAO cu O u_ z O Q v J u v i V m W v L CU J m v Q z O 7n Ln LLI O W _ a OLL z W Q Q Ln z Ln N m LL O o z a`, W 0 0 m v Q a W W 0 2 O o �- m Z D c� C) a Z ° E-- W V) H C) W LLJ U V U O J zLL 00 d N = a, W Z Q _.. u =� z O z 0 O 0 U z u Z O ~ o z m O W V = H i O L N 5 UWM W ci�dLL _1 W O) W � � u J N CN E O r4 OD N vi E o N `- � N F— m c m u � c Ilu D Q v w m W aU O F— c D Z' 0 o LE w Ln Z O v c L = Z _ F— u f ° a. O o Q ►a 0 22 0 J LL F— i-- Ln z _0 F— LU J d Z 0 ui LL w CL Z Ln Ln LLI D LL Z W F— cc d a W r, d 0M tW V Z Z uj V) Z Z 0 u V) Z 0 u w W 12 D 0 w W V) Z w w uuJ z 0 Z m W Ul) W D N 77 0 LL W m Li u LL 0' Z 0 0 a yl� A. CN LU00 N % M 0 u W M � tA W Q u m u .r� Z g i4it� 'titlIf W 0 = > t- ji ! wv)Q LL d `L o Q O J Q Q J_ > X W 5 c v E m u O Ln QJ Ln c O v v Ln c v u L C m L `v L O v O L O c Ln QJ Ul C QJ u L O Ln L F .L Form W111111 V (Rev, October 2018) Department of the Treasury Internal Revenue Service 7" Request for Taxpayer Give Form to the Identification Number and Certification requester. Do not send to the IRS. ► Go to www.irs.gov/FormW9 for Instructions and the latest information. Name (as shown on your income tax return). Name Is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, It different from above 3 Check appropriate box for federal lax classification of the person whose name Is entered on line 1. Check only one of the following seven boxes. ❑ IndlvlduolIsola proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ TrusVestale single. member LLC ❑ Limited liability company. Enter the tax classification (C.0 corporation. S=S corporation, P-Padnership) ► - S - Note: Chack the appropriate box In the line above for the tax classification of the single member owner. Do not check LLC lithe LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC Is another LLC that is not disregarded from Ilia owner for U.S. federal tax purposes. Otherwise, a single -member LLC tha Is disregarded from the owner should check the approprlato box for the lox classification of its owner. Other (see Instructions) ► 4 Exemptions (codes apply only to certain entitles, not Individuals; see Instructions on page 3): Exempt pnyee code (it any) Exemptloo from FATCA reporting code (if any) to account. r.WrMrod auradn Uw U.S.) 5 Address (number, street, and apt, or suite no,) See Instructions. Requasler's name and address 31 Sevilla Ave 8 Clty, state, and ZIP coda 7 List account ■�Pi�� _ Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid t Social security number backup withholding. For individuals, this Is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later. For other m entitles, It Is your employer Identification number (EIN). If you do not have a number, see Mow to got a TIN, later. or Note: If the account Is In more than one name, see the Instructions for line 1. Also see What Name and I Employer Identlncetion nu Number To Give the requester for guidelines on whose number to enter. F—)—j [`_`-fir ElF�la©I�llal�l©0� IM 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 2.1 am not subJect to backup withholding because: (a) 1 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 (allure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subjoot to backup withholding; and 3. 1 am a U.S. clllzen 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 Ilern 2 above If you have boon 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. Sao the Instructions for Part 11, later. -. A I'll—`—f---- — — - Sign signature of Here I U.S. person► General Instruct Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest Information about developments related to Form W-9 and Its Instructions, such as legislation enacted after they were published, go to www.irs.gov/ForrnW9. Purpose of Form An Individual or entity (Form W-9 requester) who Is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), Individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer Identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an Information return. Examples of information relums Include, but are not limited to, Ilia following. • Form 1099-INT (Interest earned or paid) Cat, No. 10231X Date ► • Form 1099-DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 109E-E (student loan Interest), 1098-7 (lultlon) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment o1 secured property) Use Form W-9 only If you are a U.S. person (Including a resident alien), to provide your correct TIN. 1/ you do not return Form W-9 to the requester with a TJN, you might be subject to backup withholding. See What Is backup withholding, later. Form W-9 (Rev.10.2018) CAO E-Verify. Company ID Number: 1590768 Approved by: ��)� ifllll I -VI AI W HA SIRMt GI DNS AND ISO Employer Villa-fuerte Construction LLC Name (Please Type or Print) Title Jose Villafuerte Signature Date Electronically Signed 09/23/2020 Department of Homeland Security - Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 09/23/2020 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 CAO E-Verify Company ID Number: 1590768 Information Required for the E-Verify Program Information relating to your Company: Villa-fuerte Construction LLC Company Name 31 SEVILLA AVE ARCADIA, FL 34266 Company Facility Address 31 SEVILLA AVE ARCADIA, FL 34266 Company Alternate Address County or Parish DE SOTO Employer Identification Number 822889379 North American Industry 236 Classification Systems Code Parent Company Number of Employees 11 to 4 Number of Sites Verified for 1 site(s) Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 swrnor IS A rslVls 1 or oHs MID soh CAO EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Personnel Category Jose VillafUerte Construction SLIperintenolent / Project Manager 10 Construction Services Agreement: [2022_vor.31 EXHIBIT B-1: PUBLIC PAYMENT BOND ITB# 23-8121 Bond No. 490-84-57 Contract No. 23-8121 KNOW ALL MEN BY THESE PRESENTS: That Villa-fuerte Construction, LLC. _31 N. Sevilla Ave. Arcadia, FL 34266 as Principal, and Great American Insurance Company as Surety, located at 301 E 4th Street Cincinnati, OH 45202 (Business Address) are held and firmly bound to Collier County hoard of County Commissioners as Obligee in the Sum of Two Hundred Ten Thousand Five Hundred Thirtv Dollars and 00/ 100 ($ 210,530.00 1 for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of __, 2023 with Obligee for Chokoloskee Bridge and Causeway Repair - Contract #23-8121 in _Colliercounty, Florida accordance with drawings and specifications, which contract 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: is 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 this5� day of _ 2023 , the name of each party being affixed and these presents duly signed by its unde -signed representative, pursuant to authority of its governing body. CAO 11 Construction Services Agreement: [2022_ver.3] Signed, sealed and delivered in the presence of: AZIRa (q)j 0 &#k4 VA/esses as to Principal STATE OF Florida COUNTY OF -p C�,0,4� Bond No.: 490-84-57 PRINCIPAL Villa-fuerte Construction, LLC. BY: �� ✓ lai6� NAME:_JA s`e Villafuerte ITS: President The foregoing instrument was acknowledged before me by means of ut"physical presence or ❑ online notarization, this 31t's' day of 20,15 by as of rllfi-'F�i�;�ke Ca��t:c.kco 1 1�LL 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: Feb 3,aoas �raY a MARICEIA ORTIZ x Commission # HH 088421 ";`•.-` Expires February 3, 2025 (AFFIX OFFICIAL SEAL) ATTEST: ( iigg�ature of +Notary Public) Qj NAME: I 1 \C1Y ! ��,I Cl `f Z (Legibly Printed) Notary Public, State of V c I-j Commission No.: � � D.SE;_+_1 SURETY: Great American Insurance Company (Printed Name) 301 E 4th Street Cincinnati, OH 45202 (513)369-5000 (Business Address Witnesses to Surety (Printed Name) 12 Construction Services Agreement: [2022_ver.3] CAO Bond No.: 490-84-57 OR Kane Alvarenga, Witness ApAttorney in Fact - Attach Power of Attorney)-_ /.W/ '17 /Olv— Jorge L. Bracamonte, Attorney -In -Fact, & Florida Licensed Resident Agent - a Olsen, Witness (Printed Name) Witnesses STATE OF COUNTY OF Florida Orange JCA Surety Group, LLC �123 Zelma Street, Suite A _ Orlando, FL 32803 (Business Address) {321)800-6594 (Telephone Number) The foregoing instrument was acknowledged before me by means of ® physical presence or 0 online notarization, this 22nd day of Mai 2023 by forge L. Bracamonte , as Attorney -In -Fact of Great American Insurance Company a _Ohio corporation, on behalf of the corporation. QN she is q ers 6 IWy 9w�OD to me OR has produced N/A as identification and did did no take an oath_ My Commission Expires: 12/10/2024 (AFFIX OFFICIAL SEAL) �*F Notary Public State of Florida Jessie L. Sloan My Commission HH 070896 Expires 12/10/2024 (S gnature of Notary Public) Name: Jessie L. Sloan (Legibly Printed) Notary Public, State of: _Florida Commission No.: HH 070896 13 Construction Services Agreement: [2022_ver.3] CAO EXHIBIT B-2: PUBLIC PERFORMANCE BOND ITB# 23-8121 Bond No. 490-84-57 Contract No. 23-8121 KNOW ALL MEN BY THESE PRESENTS: That Villa-fuerte Construction, LLC. ----------------- as Principal, and -Great American Insurance Company ---------------------- --------- . as Surety, located at 301 E 4th Street Cincinnati, OH 45202 (Business Address) are held and firmly bound to Collier County Board of County Commissioners, FL , as Obligee in the sum of Two Hundred Ten Thousand Five Hundred Thirty Dollars and 00/ 100 ($ 210,530.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2023 with Obligee for Chokoloskee Bridge and Causewav Repair - Contract #23-8121 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this =S4_ day of 2023 , the name of each party being affixed and these presents duly signed bJ its undersigned representative, pursuant to authority of its governing body. 14 Construction Services Agreement: [2022_ver.3) CAO Signed, sealed and delivered in the presence of: I ?f/ esses as to Principal STATE OF �Florida COUNTY OF k e-'SO'kC: Bond No.: 490-84-57 ..fir ' _ I Villa-fuerte Construction, LLC. BY=� NAME:_Jose Villafuerte ITS: _President The foregoing instrument was acknowledged before me by means of B physical presence or ❑ online notariz tion, this �.� day of n 20� by �C� v v as A 75_ Er1�- of a _ corporation, on behalf of the corporation. He/she is personally known to me OR has produced t-- D Z 1-1L V L41(n- `1�Ac - ssa- OCACl- O as identification and did (did not) takes an nath My Commission Expires: reo 312�GaS ;'�wY►i•, MARICEIAORTIZ Commission # HH 088421 ao`= Expires February 3, 2025 (AFFIX OFFICIAL SEAL) (Signature' of Notary Public) Name: -nOLVI 'IQ l!%t1Z (Legibly Printed) Notary Public, State of:. V-t Commission No.: _4-W 015 43-► 15 Construction Services Agreement: [2022_ver.3] CAO Bond No.: 490-84-57 ATTEST: as to Surety VZ1 ..y Karen varenga, Witness A //'o ��ayfkn Olsen, Witness Witnesses STATE OF COUNTY OF Florida Oranze GMjzl j Great American Insurance Company (Printed Name) 301 E 4th Street _Cincinnati, OH 45202 (513) 369-5000 (Business Address) (Autho (Printed Name) OR - A ttorney in Fact Attach Power of Attorney) Jorge L. Bracamonte, Attorney -In -Fact y & Florida Licensed Resident Agent (Printed Name) JCA Surety Group, LLC - .. . 123 Zelma Street, Suite A Orlando, FL 32803 (Business Address) (321)800-6594 (Telephone Number) The foregoing instrument was acknowledged before me by means of IN) physical presence or D online notarization, this 22nd day of May 2023 by Jorge L. Bracamonte , as Attorney -In -Fact of _Great American Insurance Company , a Ohio corporation, on behalf of the corporation. (BiVshe is <jdiirsonally k_ now to me OR has produced _N/A as identification and did(dld no take an nnth My Commission Expires: 12/10/2024 �"�!►� Notary Public State of Florida Jessie L. Sloan yq My Commission HH 070696 Expires 12/10/2024 (AFFIX OFFICIAL SEAL) 1�� i nature of Notary Public) .Jessie L. Sloan (Legibly Printed) Notary Public, State of: _Florida Commission No.: HH 070896 16 Construction Services Agreement: [2022_ver.3] CAO 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 THREE POWER OF ATTORNEY No.O 21494 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 attomey-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 JORGE BRACAMONTE JESSIE SLOAN KARLA YVONNE TOMASZEWSKI Address ALL OF ORLANDO, FLORIDA Limit of Power ALL $100,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attotney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 18TH day of JANUARY 2022 Attest GREAT AMERICAN INSUfANCE COMPA 0;"-.. 4�— e. 3 Assistant Secretary STATE OF OHIO, COUNTY OF HAMILTON - ss: Divisional Senior Vice President MARK VICARIO (a77-377-2405) On this 18TH day of JANUARY , 2022 , before me personally appeared MARK VICARIO, tome known, being duly swom, 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 A KOHORST 1? Notary Public State of Ohio My Comm. Expires May 18, 2025 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: Thal the Divisional President, the several Divisional Senior Vice Presidents, Divisional lice Presidents and Divisonal Assistant Vice Presidents, or any one of them, 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 surety, 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 any Secretary or Assistant Secretary of the Company maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the 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 force aid 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 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 day of / = \ S1029AH (03/20) Assistant Secretary 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: [2022_ver.31 Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used, The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate, Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 construction Services Agreement: (2022 ver 31 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: who after (1) In accordance with the Contract Documents and in consideration of $ _ to be received, ("Contractor") releases and waives for itself and It's subcontractors, material - men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated _,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 flied, 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 (monthlylflnal] Application for Payment No. Witness Witness STATE OF COUNTY OF on Cdi01111W14to] 0 BY: ITS - DATE: President [Corporate Seal] The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of 2D__, by as of a corporation, 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: (AFFIX OFFICIAL SEAL) (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: ifl Construction Services Agroomont: i2022_ver.31 GAO EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners the OWNER)or Collier Counly Water - 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. Total Chanae Orders to Date: Total Value of Work Completed & $ Stored to Date: _ Retainage @5% through $ Retainage @ 5% through [Insert $ [Insert Datel date Retainage @ % $ Less Retainage $ after Insert date _ Total Earned Less Retainage _ $ Less previous payment(s AMOUNT DUE THIS $ Percent Work Completed % to Date: APPLICATION: _ Percent Contract Time % 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. F__ont—ra`ctor's Name Contractor's Signature: Date: ype Title: all be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended by: resign Professional's Name: signature: I I Date: a ment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended by: rwner's Project Manager Name: Date: IS Ignature: 20 Construction Services Agreement: 12022_ver.31 CAO EXHIBIT D (Continued) SCHEDULE OF VALUES Project Name: Project Number: Onto: Period To: ITEM NUMBER DESCRIPTION SCHEoULM VALUE WORK COMPLETED STORM MATERIALS TOTAL COMPLETED &STORED TO DATE PERCENT COMPLETE BALANCE TO FINISH 5% RETAINAGE _% RETAINAGE TOTAL RETAINAGE WITHHELD PREVIOUS APPLICATIONS THIS PERIOD THRUDATE SINCE DATE I TOTALS Explanation for the two columns under Previous Applications: The Thru Date Is where you will place all Information until the contract Is complete unless a release or reduction of retalnage Issue comes Into play. If this happens, all Information up to the date of the %change In retalnage Is placed In the Thru Date column. Information after that date Is placed In the Since Date column. Tills states what has happened since the change In retalnage. 21 Construction Services Agreement: (2022_ver,3) CAO Exhibit D (Continued) Stored Materials Record Formula: A+ B- C- D= E A B C D E Date Description Supplier Invoice Number Previously Received Received This Period Previously Installed Installed This Period Balance To Install 22 Construction Services Agreement 12022_ver.3] CAO EXHIBIT E: CHANGE ORDER Procurement Services CO Ter C;014"V Change Order Form ❑ Contract Modification ❑ work Order Modification Contract n: I ] Change #:1 1 Purchase Order 0:1 Project #: 1. ContractorlFirm Name: ContractlProject: Project Manager Name: Division Name: I I Original ConlracllWo* Order Amount _ _ Original BCC Approval Dale; Agenda Item # Current BCC Approved Amount Last BCC Approval Dale; Agenda Item # Current Conlracl/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change WDIV/011 Total Change from Original Amount Revised Contract/Work Order Total $ 0.0ol I 4DIVI01 Change from Current BCC Approved Amount Cumulative Changes _ [ $ 0.00 #DIV/DI Change from Current Amount r Completion Date, Description of the Task(s) Change, and Rationale for the Change I l Notice to Proceed I I Original U Last Approved Revised Date I Data I1 Completion Date Date LJ (rnduooa this change) III IIII # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other Provide a response to the following: 1.) detailed and specific explanation/ratlonale of the requested change(s) to the task(s) and 1 or tha additional days added (If requested); 2.) why this change was not Included In the original contract; and, 3.) describe the Impact It this change Is not processed. Attach additional Information from the Design Professional and/or Contractor if needed. Prepared by: Dale: (Project Manager Name and Division) Acceptance of this Change Order shell constitute a modification to contract I work order Identified above and will be subject to all the same terms and conditions as contained In the contract / work order Indicated above, as fully as If the same were staled In this acceptance. The adjustment, If any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor) Vendor I Consultant I Design Professional arising out of or related to the change set forth herein, including claims for Impact and delay costs Accepted by: Dale: (Contractor / Vendor / Consultant I Design Professional and Name of Firm, If project applicable) Accepted by. Date (Design Professional and Name of Finn, if project applicable) Approved by: _ _ Dale: (Division Director or Designee) Approved by: Dale: (Procurement Professional) IN•^•••� n� l•I I Olwi11n 9 Wllu Omit ruuuNla,Illdlboll It Winwhilov rr1A411161gle 0ll lib1101 Jill Vile,tI neocuntuevrrat ONLY j O':� AQVIm I Mr1 Pcl: Fe — 23 Construction Services Agreement: [2022_ver.31 CAO Chan le Order/Amendment Summary CO# AMD# Description COST TIME Justification Additive Deductive Days Added New Amount (+W i Revistd. UlI IiUdoll IDlvlsion, %-Mo raw raoulre audillonai aianawres may include on seimrale sheel.l _VR6INFIVABHr Ule ONLY 0.din►n_ rtp) ace 2l 24 Construction Services Agreement; [2022 ver,3] CAo OWNER'S Project No. PROJECT: CONTRACTOR: Contract For Contract Date EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be 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: RESPONSIBILITIES: 25 Constructlon Services Agreement: 12022_ver.3] CAO 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 By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on By: OWNER Type Name and Title 20 26 Construction Services Agreement: 12022_ver.31 CAO EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: _ _Project No.: Contractor: The following items have been secured by the for the Project known as PO No.: Date: and have been reviewed and found to comply with the requirements of the Contract Documents, Original Contract Amount: Final Contract Amount: Commencement Date: _ Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation, 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on _ 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: By Design Professional By Owner: __(Company Name) (Signature) (Typed Name & Title) (Firm Name) _ (Signature) (Typed Name & Title) _ (Department Name) (Signature) (Name & Title) 27 Constructlon Services Agreement [2022_ver.3] CAO EXHIBIT H: GENERAL TERMS AND CONDITIONS INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall repotl 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, 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. 28 Construction Services Agreement: 12022_ver.3j GAO 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. SCHEDULE. 3.1 The Contractor, within ten (1 p) 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 29 Constructlon Services Agreement: [2022_ver.3) CAO 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 30 construction Services Agreement [2022_ver.3] C0M] 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 47 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 VISAWASTER 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 31 Construction Services Agreement: [2022_ver.3) CAO 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. 5.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees, A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 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 32 Construction Services Agreement: [2022_ver.3] CAO 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. 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 ocher 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. 33 Construction Services Agreement: 12022_ver.31 CAO 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 record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS -GUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 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 34 Construction Services Agreement 12022_ver.3) CAA 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 (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: PublicRecordRe uest colliercount fl. ov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public 35 Constructlon Services Agreement; [2022 ver.3] CAO 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, 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. 1 D.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. 36 Construction Services Agreement: (2022 ver.3) CAO 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 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 37 Construction Services Agreement [2022_ver 31 CAA 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 10A. 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 38 Construction Services Agreement: 12022_ver.31 CA0 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 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 Bondinq 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 se . 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. Contractors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. 39 Construction Services Agreement.• 12022_ver 31 CAO the Bidder/Contractor does not comply with providing both the acce table E-Verifv evidence and the executed affidavit the bidder's 1 Contractor's pro osal 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-Verifv. 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 23 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 40 construction Services Agreement: [2022_ver 31 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s), If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore 41 Construction Services Agreement: 12022_ver 31 CAC 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. 20.1 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 42 Construction Services Agreement: [2022_ver 3] not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's 43 construction Services Agreement: 12022_ver.3i expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an Inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access, Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays, 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, 44 construction Services Agreement: [2022 ver.31 CAC' Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work, Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated, The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work, 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs 45 Construction Services Agreement: [2022_ver.3] 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 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25,3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional, The Owner or Design Professional 46 Construction Services Agreement: i2022 ver.31 shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26, EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss, Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. 47 Construction Services Agreement: I2022 ver.3) CAO 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,E All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 48 Conslruclion Services Agreemerl: [2022_ver.3) CAO 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29, PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract, All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax, Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32,2 below; 49 Construction Services Agreement: [2022_ver.3) CAO 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor come ncing any work on the Project. so construction Services Agreement: [2022_ver.3) CAo The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work, Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses, All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g„ general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years, The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract 51 Construction services Agreement: 12022 ver.31 CAO price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34 1,14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34,1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built' Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying 52 Construction Services Agreement (2022_ver.31 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-FMOPSacolliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING, All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County 53 Construction Services Agreement: 12022 ver.31 CAA 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. 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 54 Construction Services Agreement, 12022 ver.3j EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ® Attached hereto, following this page 1] Not Applicable 55 Construction Services Agreement: (2022 ver.31 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200,23) the definition of CONTRACTOR is an entity that receives a Contract 1 Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 2 C F R, Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 44 C.F.R. Part 206 The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq„ and Related Authorities FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 CAO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions, (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200,321 (b)(1 )-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment addendum, change order, or constructive change must be necessary, allowable allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall irclude this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with aw, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the Initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County, No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 CA-0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined In FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No, 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entitles for national security reasons, (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions, (1) This clause does not prohibit contractors from providing (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii), Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (1). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such Identification or notification: The contract number; the order number(s), if applicable supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C F.R. § 180.995), or Its affiliates (defined at 2 C.F.R. § 180,905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C,F R, pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must Include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F,R, pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, Including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the Ilst of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352, Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient" EXHIBIT I - A CAO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000 See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C, 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic In any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (In the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages, Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed In violation of the clause set forth In paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth In paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert In any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section," For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F R, § 5,1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid, (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT 1- S CAQ EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean AirAct, as amended, 42 U,S,C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1, The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2, The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA, Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4, During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or In part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts In accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law, (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the Interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti•Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 CAO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES _ Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/ContractorName i 1 L(.�—Uf�r�C' V��ii� )LUL Date _ _ '� 0D Authorized Signature_)~' i EXHIBIT I - 8 Mrs, EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (I) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Cons�yuc7ko_nl c� Sjnature Marne and Title S Street Address City, State, Zip UEI Unique Entity Identifier (for SAM.gov verification) Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT 1- 9 CAO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANIAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT 51ill us will be %en5ed. UnvrrrNaGe statuses'rall require the PRIME to clthcr proivde a revise, statement or pto•rlde source doalcnentation that validates a status. A, PRIME'VENDOR/CONTRACTOR INFORMATION _ PRIME NAME PRIME FE:D NUF.ILIER COrITRACT DOLLAR 41.I0UtIT I51HE PRIME A FLORIOA•CERTMEO D1:ADVANTAGED. YFTfRA1J� Yq N LS THE ACTIVITY OF THIS CONTRACT.. MINOR Vi RITYOOMEEN N BUSIhM TTRPR6E? DBE? 01 14 CONSTRUCTION ? N (DOEr1d0EAVBE) OR HAVE A SMALLDISAOVA?7AGED OUSNI[SSS.CERTIFICAI'IOh FR01d 111E Sn.tall OU51VE55 A18E? N COt:SUITATnOt1? Y II ADhTINISTRATION? ASERIACEDISAELEDVETERAtii WOE? Y N OTHER? y 500 CA? 1' N IS Nir. SUOMISS:Ota A REVISION? 1' F_) iff YES, AEVTSION Fiumr.ER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS: A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL. BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS To COMPLETE THIS NEXTSECTION ME Fr/WBE SUBCONTRACTOR OR SUPPLIER I TYPE OF WORK OR I ETT11111ITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN _ -NAME SPECIALTY 154QBelAOU1I7 DOLIAIti TOTAL C,' SECTION,T.O BE COMkETiD BY PRIME VE,ND.09/(.011TRACTOR l Y'T".9 11i t19t DALE TITLE Ot sumi rTfst MAIL ADDRESS Of PRIM[ 5UbN1rMR) _ TC MIDNE NUMBER l /I FAX NUMBER NOTE: This InformaUan Is used Iolrack and report anticipated DOE of MBE particlpauon in federalIVAinded contrach. the anticpated DBE or NIBE amount is votuntar; and veil] not ba•:ome part of the contractual terms. Thu form mus: hesubmitted at time of respOgse to a sotritatlon. ;f and when awarded a County contract, the prime v.-ill be ashTd to update the infofmmion for the grant cwphancr.1.les. f rKNICffY _ CODE. OlackAmerican BA . -. Hispanic Anleficarl HA Native American 14A SUbconl. Asian American SAA Aslrn•PalifiC ArWrican APA Non-m1norlP1\4omen NIAW Other. not of airy other Lrarp listed O D. SECTION TO BE COMPLETED BY COLLIER COUNTY i DEPARTIdENTMIAE COLLIERCOIITRACTrf(IIFB/RFPorPO/RED) GRANT PROGRANIICONTRACT Road Maintenance Division 23-8121 FEMA, Public Assistance, Permanent Work, Category C. Roads and Bridges ACCEPTED BY: _ DATE Pearson Melissa Digitally signed by Pearson Melissa 5/31 /23 Date: 2023.05.31 17:24:05-04'00' EXHIBIT I - 10 CAO EXI-III3IT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly - This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification Is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995), Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any, In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Contractor (Firm Name) Sigriat(]re of Contractor's Auf grized Official Name and Title of Contractor's Authorized'Official Date EXHIBIT I -11 CAC