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Agenda 06/27/2023 Item #16B 8 (Award construction services for the CR-846E Surtax Sidewalk project)
16.B.8 06/27/2023 EXECUTIVE SUMMARY Recommendation to award Construction Services for the CR-846E Surtax Sidewalk Project, from East Main Street (SR 29) to Airpark Boulevard, in the unincorporated community of Immokalee, to Coastal Concrete Products LLC., under the Roadway Contractor Services Agreement No. 21-7842. (Project Number 60228) OBJECTIVE: To construct six -foot -wide sidewalks on both sides (north and south) of CR-846E from East Main Street to Airpark Boulevard (approximately 0.43 miles in length). CONSIDERATION: The CR-846E Project, from East Main Street (SR 29) to Airpark Boulevard in the unincorporated Community of Immokalee is a validated Surtax Priority Sidewalk Project, as it meets the requirements of Florida Statute § 212.055, conforms to the definition of Infrastructure, and conforms with County Ordinance No. 2018-21. On January 5, 2022, the County issued a Notice to Proceed to the Engineer of Record, Black & Veatch Corporation (the "EOR" ), for Design Services of the CR-846E from East Main Street to Airpark Boulevard project. The EOR's estimate to construct the project is $726,793. On February 22, 2023, the County sent a Request for Quote to the six roadway contractors under the County's Roadway Contractor Services Agreement No. 21-7842. On March 9, 2023, the County received the following four quotes: CONTRACTOR QUOTE Coastal Concrete Products, LLC $ 720,908.45 Quality Enterprises, Inc. $ 769,433.56 Preferred Materials, Inc. $ 822,537.54 Ajax Paving Industries, Inc. $ 868,448.42 PMI Corp. "No Quote" Response Cougar Cutting, Inc. No response. On March 22, 2023, the FOR provided a Bid Analysis for the project, and a Bid Evaluation & Recommendation Letter that recommends that the low bidder, Coastal Concrete Products, LLC., be awarded the work. Accordingly, staff recommends awarding a Purchase Order to Coastal Concrete Products, LLC., in the amount of $720,908.45 to construct this project in accordance with Agreement No. 21-7842. Agreement No. 21-7842 requires all over the amount of $500,000 be approved by the Board, and that the awarded contractor on projects over $200,000 provide payment and performance bonds prior to the issuance of the Work Order and the commencement of work. Subject to the Board's approval of this item, payment and performance bonds in the quoted amount are attached as backup to this item. Coastal Concrete Products, LLC., is a qualified contractor that has successfully constructed other projects in Collier County. FISCAL IMPACT: Funding is available in the Fiscal Year 2023 Surtax budget, Project number 60228. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award Construction Services for the CR-846E Surtax Sidewalk Project, from East Main Street (SR 29) to Airpark Boulevard, in the unincorporated Community of Immokalee, to Coastal Concrete Products LLC., under the Roadway Contractor Services Agreement No. 21-7842, and authorize staff to open a Packet Pg. 916 16.B.8 06/27/2023 Purchase/Work Order in the amount of $720,908.45. Prepared By: Mario A. Puente, P.E., C.G.C., Project Manager III (Lic), Transportation Engineering. ATTACHMENT(S) 1. CR 846 E Bid Evaluation Recommendation (PDF) 2. Payment and Performance Bonds (CR-846 From E Main St. (SR 29) to Airport Blvd. - Immokalee) (PDF) 3. CR 846 E Sidewalk Improvements Bid Analysis (PDF) 4. Roadway Contractor Request for Quote_ CR-846 From E Main St. (SR 29) to Airport Blvd. - Immokalee. (PDF) 5.21-7842 CoastalConcrete_Contract (PDF) Packet Pg. 917 16.B.8 06/27/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.8 Doc ID: 25498 Item Summary: Recommendation to award Construction Services for the CR-846E Surtax Sidewalk Project, from East Main Street (SR 29) to Airpark Boulevard, in the unincorporated community of Immokalee, to Coastal Concrete Products LLC., under the Roadway Contractor Services Agreement No. 21-7842. (Project Number 60228) Meeting Date: 06/27/2023 Prepared by: Title: — Transportation Engineering Name: Mario Puente 05/10/2023 8:58 AM Submitted by: Title: Division Director - Transportation Eng — Transportation Engineering Name: Jay Ahmad 05/10/2023 8:58 AM Approved By: Review: Growth Management and Community Development Department Jeanne Marcella Department Growth Management and Community Development Department Lisa Taylor Transportation Engineering Mark McCleary Additional Reviewer Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Transportation Management Operations Support Tara Castillo Growth Management and Community Development Department Anthony Khawaja Transportation Management Services Department Trinity Scott Procurement Services County Attorney's Office Office of Management and Budget County Attorney's Office Community & Human Services County Manager's Office Board of County Commissioners Sandra Herrera Procurement Director Review Scott Teach Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Maggie Lopez Additional Reviewer Geoffrey Willig Level 4 County Manager Review Geoffrey Willig Meeting Pending Transportation Management Services Completed 05/10/2023 9:29 AM Additional Reviewer Completed 05/12/2023 2:35 PM Completed 05/15/2023 7:02 AM Completed 05/16/2023 2:23 PM Additional Reviewer Completed 05/17/2023 7:20 AM Additional Reviewer Completed 05/18/2023 11:26 AM Transportation Completed 05/24/2023 8:40 AM Completed 05/30/2023 11:42 AM Completed 06/05/2023 9:23 AM Completed 06/05/2023 10:02 AM Completed 06/05/2023 10:43 AM Completed 06/13/2023 1:17 PM Completed 06/14/2023 3:09 PM 06/27/2023 9:00 AM Packet Pg. 918 16.B.8.a 0. BLACK&VEATCH March 22, 2023 Mr. Mario Puente, PE, CGC Collier County 2885 S. Horseshoe Dr. Naples, Florida 34104 Black & Veatch Corporation 4415 Metro Pkwy, Suite 200, Fort Myers, FL 33916 P +1 239-703-8294 E MartinME@bv.com Dear Mr. Puente: Black & Veatch has received and reviewed four (4) separate bids for Project No. 60228.5, CR-846 from E Main St. (SR29) to Airport Blvd. — Immokalee as follows: • Ajax Paving Industries of Florida, LLC • Coastal Concrete Products, LLC • Preferred Materials, Inc. • Quality Enterprises USA, Inc. The as -read low bidder for the project is Coastal Concrete Products, LLC with a total base contract price of seven hundred and twenty thousand, nine hundred and eight dollars and forty-five cents, $720,908.45. We have only reviewed the bid package for the as -read low bidder which seem to be complete and responsive to the solicitation. We have attached a bid analysis for your information. Therefore, we recommend the County award the Contract for this project to Coastal Concrete Products, LLC. If you have any questions, please contact me at (239) 839-1658. Very truly yours, Black & Veatch Corporation Mark E. Martin, PE Project Manager MEM Enclosure(s) cc: Mario Puente, PE, CGC Mark McCleary, PE, PSM Packet Pg. 919 INSTR 6394597 OR 6240 PG 1480 E-RECORDED 4/26/2023 1:35 PM PAGES 8 16.B.8.b CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $69.50 ALTER SURETY GROUP, INC. Bond Department - Public 'Works Bond In compliance tivith Florida Statute Chapter 255.05, the proAsions and limitations of section 255.05 Florida Statutes, including but not limited to, the notice and time limitations in Sections 255.05(2) and 25S.05(I0) are incorporated in this bond by reference. Bond Number: 1084247 N aD Contractor Coastal Concrete Products, LLC tv R Address & 7742 Alico Road Fort Myers, FL 33912 _IX 0 Phone No.: (239) 263-9700 E E Surety The Hanover Insurance Company > Address & 440 Lincoln Street Worcester, MA 01653 m r L Phone No.: 508-855-2742 0 Owner Name: Collier County Board of County Commissioners Address & 2885 Horseshoe Drive S Phone No.: (239) 252-8442 Contracting Public Entity (if different from the owner) Address & Phone No.: Contract/Project Number: 21-7842 Project Name: Multi -Contractor Award Agreement - Annual Roadway Contract - Roadway Contractor Services Project Location: Legal Description And Street Address: CR-846 From E Main Street to Airport Blvd Description of Improvement: Construction of 6 foot wide sidewalks on both sides (north and south) of CR-845E from E. Main Street to Airport Blvd This bond is given to comply with section 255.05 Florida Statutes and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2) and (10), Florida Statutes. Any provision of this bond which conflict With or purports to grant broader or more expanded coverage in excess of the minimum requirements of the applicable statute shall be deemed deleted herefrom_ This bond is a statutory bond, not a common lave bond. This is the front page of the bond. All other page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. Packet Pg. 920 OR 6240 PG 1481 16.B.8.b Exhibit C-1-----.._.. ❑ this exhibit is not applicable PUBLIC PAYMENT BOND Bond No, 1084247 Contract No. 21-7842 Coastal Concrete Products, LLC dba KNOW ALL MEN BY THESE PRESENTS: That c ()n t i Sita rlempi ipment as Principal, and The Hangver Insurance Company as Surety, located at 440 Lincoln Street, Worcester, MA 01653 - 0002. (Business Address) are held and firmly bound Seven Hundred Twenly Thousand, Nine Hur.dreed Eight Dollars and to Beard or Courtly commissioners of Collier County, Flcrida as Oblige in the surn of 4`4100 ( 720.908.45 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the —day of 20_ with Oblige for CR-WE From E. Main Street to Airport Road. Project NoS0228.5 in accordance with drawings and specifications, which contract Is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS 13OND is that if Principal: Promptly makes payment to all claimants as defined in Section 255,05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants, IN WITNESS WHEREOF, the above parties have executed this instrument this 21st clay of April 2023 , the name of undersigned representative, pursuant to authority of its governing body. Page i9 or 33 tJlulil-Contractor Award Agreement [21321_yed F7t a� m M 0 E E , Packet Pg. 921 OR 6240 PG 1482 16.B.8.b as a$ to i delivered STATE OF O'?fIDA COU NTY OF % C:2~ PRINCIPAL: By Name: Its: The foregoing instrument was acknowledged before me by means of P-,Physical presence or ❑ online not lzation, this 2�f of 20ZJ, by bWi /3 r 7Z 'fZC_S' as ofCSGi /�rr°a ��1'� corporation, on hehalf of the corporation. eishe Is personally known to me OR has produced as identiflc n an did (did not) take an oath. My Commission Expires: %2 lr7zS Zgn to f Public -State of Florida) ENotary Public State or Florida Maritza Aguior My Commis9 crme:`HH 207493 Le I Printed Exp.1211412025 (A y ) (AFFIX OFFICIAL SEAL) Notary Public, State of f�X'�eW/DZL- Commission No.: T//�' �`>T3 ATTEST: As per Attached Power of Attorney SURETY: Witness as to Surety The Hanover Insurance Company (Printed Name) 440 Lincoln Street, Worcester, MA 01653 - 0002. (Business Address) (Authorized Signature) (Printed Name) ME Page 20 of 33 ML1!(l-Contmctar Award Agreeraent t2021ver.11 E E Packet Pg. 922 OR 6240 PG 1483 16.B.8.b Lynn.Dawleng Operations Manager Witnesses STATE OF Florida COUNTY OF Miami -Dade As Attorney_ nfEact David.T_Satine. (Attach Power of Attorney) .� z^_- 440 Lincoln Street, Worcester, MA 01653'1 00a2 �R (Business Address) David T. Satine (Printed Name) (508) 853-7200 (Telephone Number) a� m M 0 E E The foregoing Instrument was acknowledged before me by means of © physical presence or CJ online notarization, this 2j_aL of April 20 ?� , by. David T. Satine -,as Attorney-l[I-Fact of The HanoverInsumnceComranv a--UQwHampshire corporation, on behalf of the corporation. He/she. is personally known to me OR has produced as identif I n ke an oath. My Commission Expires: April 11th, 2026 (Silttlr f Notary Public -State of Florida) Name. Doreen Shearin (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida 00PASEN SHEAFM NOTARY Plt{B.1C Commission No.: HH248723 STME OF FLORDA NiO. HH24 M W C,OMMMON EXPIRE$ APR.11, 20M Page 21 of 33 Muill-Contractor Award Agreement [2021—eer.11 Packet Pg. 923 OR 6240 PG 1484 16.B.8.b E] this exhibit is not applicable PUBLIC PERFORMANCE BOND Bond No. ln84247 ci Contract No. 21-7842 � N Coastal Concrete Products, LLC :SNOW ALL MEN BY THESE PRESENTS; That dba Qnastal �i�De_velnnmPnt � as Principal, and ThQ Hanover Insurance Company d as Surety, located at 440 Lincoln Street Worcester. MA 01653 0002 (Business Address) are held and firmly bound to _ 0 Board of County Commissioners of Collier County, Florida, as Oblige in the Sum of seven Hund,edTwenly7housar4 U�P H rnredFgar n i�roa-, as oo E ($ 720,908.45 ) for the payment whereof we bond ourselves, our heirs, executors, _ personal representatives, successors and assigns, jointly and severally WHEREAS, Principal has entered into a contract dated as of the _ day of 20 , with Oblige for CR-846E From E Main Street to Airport Road Project No. 60228.5 in accordance with drawings and specifications, which contractor is incorporated by reference and made a Pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that If Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished underthe 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 change.s do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations oradditions to the terms of the Contractor otherwork 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, alternations or additions to the terms of the Contract or to work or to the specifications. Faye 22 of 33 Muni-ContraclorAward Agreement [2021_ver.11 g f Packet Pg. 924 OR 6240 PG 1485 16.B.8.b This instrument shall be Construed in all respects as a common law bond. It is expressly understood that 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 Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. 1N WITNESS WHEREOF, the above parties have executed this instrument this 21st day of "Ai_ 20 _, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. STATE OF jT' iQA COUNTY OF te, it`:. PRINCIPAL: Coasta€ rote Products. LLC d CoaE all ite Devslo er.,t (• . ?1� By: Nam r z/r-0 C- % 2v Its' A� r.� i''r•�• •' �G . „Jll The foregoing instrument vulas acknowledged befor notarization, this 2of ,zI �`� L , by i He/she is personally known to me OR has produced as identification an i d not) take an oath. My Commission Expires: 121/'11,04 S' (Signa Notary Public State of Florida Maritza Aguiar Name: My commission HH 297493 J=615= ty x 2025 _ Notary Public, State of Commission No.-. Ay4-:20 7S�c.3 me by means of KYsical presence or ❑ online -Y16 3 y` - J—&V 2t', as !! , corporation, on behalf of the corporation. Printed) of Page 23 of 33 Multi -Contractor Award Agreement; [2021_ver.11 E Packet Pg. 925 OR 6240 PG 1486 16.B.8.b ATTEST: Asper Allached Power of Attorney SURETY: The Hanover Insurance Company (Printed Name) Witness as to Surety A, 1 Lynn Dowling, Operations Manager Witnesses 440 Lincoln Street Worcester. MA 01653 - 0002, (Business Address) (Authorized Signature) m M 0 (Printed Name).t {af� OR As Attorney in FatDavid T. Saline/ (Attach Power of Attorney) ° r -' 440 Lincoln Street Worcester MA 01653 - 0002 %' i iaTa (Business Address) David T, Saline (Printed Name) (508) 853-7200 STATE OF Florida (Telephone Number) COUNTY O . Mian*Dade The foregoing instrument was acknowledged before me by means of O physicoi presence or O online notarization, this 21st of April 2021_, by David T. Saone as Attorney -In -Fact of The HamwrinurameCom-anv ci New Hampshire corporation, an behalf of the Corporation. He/she is oor ovally known to me OR has produced as identification and did (did not eke an oath. My Commission Expires: April 11th, 2026 (Sign7;Doreen re o�f Katary Public -State of Florida) Nam Shearin (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State Of. 90rida OoWEN E1E/1REN NOTARYPIJBW Commission No.. HH248723 STA7E OF FLOWA No. ""24M MY > asp. 11 2WO Page 24 of 33 Multi -Contractor Aviard Agreement j202i_ver:1] E E Packet Pg. 926 *** OR 6240 PG 1487 *** 16.B.8.b THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limlts the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: ThatTY.E HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporaCons organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Warren M. Alter and/or Davld T. Satine Of Alter Surety Group Inc. of Miami lakes, FL each individually, if there be more than one named, as its true and lawful attorrtey(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings orsurety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, that this power of aYorney limits the acts of those named herein: and they have no authority to bird the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors ofsaid Ccmpany, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all otherwritings obligatory in the nature thereof, with pourer to attach thereto the seal ofthe Company. Any such writings so executed by such Attorneys -in fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice Presidentin conjunction wi,h any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manua'ly affixed, even though one or more of any such signatures the, eon may be facsimile. (Adopted October 7, 1981 — The Hanover Insurance Company; Adopted Apr.'I 14. 1982 — Massachusetts Bay Insurance Company; Adopted September7, 2001 — Citizens Insurance Company of America and affirmed by each Company on March 24, 2014) IN VOTNESS MJHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 2"d day of March, 2022. THE HANOVER INSUE COMPANY THE HANOVER INSURANCE COMPANY MASSACHUSETTS Y INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURAItCE COMPANY Oi• AMERICA CITIZENS INSURANCE COMPANY OF AMERICA Vice President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF I ORCESTER ) ss. On this 2"d day of March, 2022 before me came the above named Executive Vice President and Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company ofAmerica, tome personally known tobe the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The I ianover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. inx ARLEEN V. SIMONS f: 4otary Public CokltOM+.caLTH OF M45S1rLF'.LS�. iS - fh� (\ My Commission Expires Areen V• Simons, Notary a lien ' June 15, 2e23 My Commission Expires .tune 15, 2023 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attomey issued by said Companies, and do hereby further certify the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Comoampllii$,jt;Vdgrcester, Massachusetts, CERTIFIED COPY a, n `tits. this _21st day of —April 2023 'rHE HANOVER INSURANCE COMPANY I1I Ff HUSET TS QAY INS-URANCE COMPANY �T SJf`SURA CE COh1 PANY OF AMERICA +X hn A. Rawedder, Vico Presldent Y_ R d fA X R 3 W tD 00 w U E E m r O Q L Q O N C W E O L U_ W w U_ to C O m O V C R E 4- d C R C d ^R CL d t V M r Q Packet Pg. 927 c wdamp!S _@s_HO,_m mkeVme+__a#51lm+s,s No a_Ljoe m 8!,88!„5i,8888!88 ! «!,! „ ! „ !!!!!!;!!. ,;!■ / $ ` ! ■ | . „ !„ 4,l!® T§§§§ = a z 288P 8881.8888r i � - § §| _ / : §; /)� )!,§ §.�!! �,,■■, §§ !a«! ,; ;;\|§||.||![|■■■■| ,|§§H - _ .,-;H'�" .., . ! „ :....,, ■;■;; |;.,l'|§|§|§ § !|,. .: .... . .................. .;- � ' |§()§||§§;:1:,,,,, , ,l,,,::,,,,■,,rrrr 16.B.8.d From: Martin. Mark E To: PuenteMario K R Cc: Mason, Shante; Hernandez, Jessica; McClearyMark; Procurem entServicesRequest Subject: RE: Roadway Contractor Request for Quote: CR-846 From E Main St. (SR 29) to Airport Blvd. - Immokalee. N Date: Wednesday, March 22, 2023 1:25:25 PM W Attachments: imaae001.ioa 00 imaae002.jpa w imaae003.ipa imaae004.jpg ao imaae005.ipa on CR 846 E Bid Evaluation Recommendation.odf LO CR 846 E Sidewalk Improvements Bid Analvsis .xlsx N d EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender o and use extreme caution when opening attachments or clicking links. E E Mario, -a Attached is our bid evaluation & recommendation letter and bid analysis spreadsheet for the CR-846 Sidewalks project. Thanks, Mark E. Martin, P.E.* Project Manager Governments & Environment *Licensed in Florida & Michigan Black & Veatch 4415 Metro Pkwy., Suite 200, Fort Myers, FL 33916 D +1 239-703-8294 O +1 239-703-8300 M +1 239-839-1658 E MartinME(@bv.com Building a World of Difference! Please consider the environment before printing my email Please note that the information and attachments in this email are intended for the exclusive use of the addressee and may contain confidential or privileged information. If you are not the intended recipient, please do not forward, copy or print the message or its attachments. Notify me at the above address, and delete this message and any attachments. Thank you. From: PuenteMario <Mario.Puente@ col liercountyfl.gov> Sent: Wednesday, March 15, 2023 8:17 AM To: Martin, Mark E. <MartinME@bv.com> Cc: Mason, Shante <MasonS2@bv.com>; Hernandez, Jessica <HernandezJN@bv.com>; McClearyMark <Mark.McCleary@colliercountyfl.gov>; ProcurementServicesRequest <ProcurementSrvcsReq@colliercountyfl.gov> Subject: Roadway Contractor Request for Quote: CR-846 From E Main St. (SR 29) to Airport Blvd. - Immokalee. Good morning Mark, Packet Pg. 929 16.B.8.d Here is a summary of the bids we received for this project (Bids attached to this email): 1. Coastal Concrete: $720,908.45. 2. Quality Enterprises: $769,433.56. 3. Preferred Materials: $822,537.54. 4. Ajax Paving: $868,448.42. 5. PMI: No -quote email received. 6. Cougar Cutting: No response. Please complete a bid analysis and return at your earliest convenience. I am including here a sample for your reference. Please let me know if you have any questions. Sincerely, /flal-o 14 Paw te, PEc�c Senior Project Manager Transportation Engineering Phone: 239.252.5828 Image result for collier county logo A From: PuenteMario Sent: Monday, March 6, 2023 6:57 AM To: 'Martin, Mark E.' <MartinME(@bv.com> Cc: Mason, Shante <MasonS2(@bv.com>; Hernandez, Jessica <HernandezJN(@bv.com>; McClearyMark <Mark.McCleary(@colliercountyfl.gov> Subject: RE: Roadway Contractor Request for Quote: CR-846 From E Main St. (SR 29) to Airport Blvd - Immokalee. Good morning Mark, Thank you so much for the response. We will recommend thermoplastic as well. Packet Pg. 930 16.B.8.d Sincerely, 16-10 74 Pue7te, A�--c�c. Senior Project Manager Transportation Engineering Phone: 239.252.5828 Image result for collier county logo 8 From: Martin, Mark E. <MartinMECcDbv.com> Sent: Friday, March 3, 2023 5:54 PM To: PuenteMario <Mario. Puente(@ col Iiercountyfl.gov> Cc: Mason, Shante <MasonS2(@by.com>; Hernandez, Jessica <HernandezJN(@bv.com> Subject: RE: Roadway Contractor Request for Quote: CR-846 From E Main St. (SR 29) to Airport Blvd - Immokalee. EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mario, The FDOT standards allow either painted or thermoplastic pavement markings. We would recommend thermoplastic because of its durability, but ultimately it is the decision of the County Thanks, Mark E. Martin, P.E.* Project Manager Governments & Environment *Licensed in Florida & Michigan Black & Veatch 4415 Metro Pkwy., Suite 200, Fort Myers, FL 33916 D +1 239-703-8294 O +1 239-703-8300 M +1 239-839-1658 E MartinME(@bv.com M Packet Pg. 931 16.B.8.d Building a World of Difference. Please consider the environment before printing my email Please note that the information and attachments in this email are intended for the exclusive use of the addressee and may contain confidential or privileged information. If you are not the intended recipient, please do not forward, copy or print the message or its attachments. Notify me at the above address, and delete this message and any attachments. Thank you. From: PuenteMario <Mario.PuenteC@colliercountyfl.gov> Sent: Wednesday, March 1, 2023 12:35 PM To: Martin, Mark E. <MartinMEPbv.com> Subject: FW: Roadway Contractor Request for Quote: CR-846 From E Main St. (SR 29) to Airport Blvd. - Immokalee. Caution - External Email: This email originated outside of Black & Veatch. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Mark, We received a question from a potential bidder in the subject project, please see below. Could you please confirm one way or the other? Sincerely, lffal-o 74 Puefrte, Senior Project Manager Transportation Engineering Phone: 239.252.5828 Image result for collier county logo From: Dewey Noble <DNoble(@geusa.com> Sent: Wednesday, March 1, 2023 11:22 AM To: PuenteMario <Mario.Puente(@colliercountyfl.gov> Subject: RE: Roadway Contractor Request for Quote: CR-846 From E Main St. (SR 29) to Airport Blvd - Immokalee. Packet Pg. 932 16.B.8.d x cc EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. CO W le CO Please confirm pavement markings are to be "painted" and not thermoplastic. v w Dewey Noble as 14 Chief Estimator c:239-571-5254 o: 239-435-7200 e: dnoble&eusa.com C E 3494 Shearwater Street, Naples, FL 34117 E From: PuenteMario <Mario. Puente(@ col Iiercountyfl.gov> Sent: Wednesday, February 22, 2023 3:13 PM To: 'Jward@pmioffl.com' <Jward(@pmioffl.com>; 'mgomez@pmioffl.com' <mgomez(@pmioffl.com>; 'JLabarre@pmioffl.com' <JLabarre(a)pmioffl.com>; Lou Gaudio <Igaudio(@geusa.com>; Marcie Cohen <mcohen(@geusa.com>; Dewey Noble <DNoble(@geusa.com>; 'Robert.Spillman@ preferred materials.com' <Robert.Spillman(@12referredmaterials.com>; 'Jerry.Fletcher@ preferredmaterials.com' <Jerry.Fletcher(@ preferred materials.com>; 'Craig.Ketron@preferredmaterials.com' <Craig. KetronCEDpreferred materials.com>; 'Maria.Perez@ preferred materials.com' <Maria. Perez(@ preferred materials.com>; 'David@torrescompanies.com' <DavidCcDtorrescompanies.com>; 'maguiar@coastalconcreteproducts.com'<maguiar(@coastalconcreteproducts.com>; 'Andrew@cougarcontractingllc.com' <Andrew6Dcougarcontractingllc.com>; 'Jessica Armstrong' <iessica(@cougarcontractingllc.com>; 'Ca Iva ro@ajaxpaving.com' <Calvaro(@aiaxpaving.com>; KCOGGINSC@AJAXPAVING.COM;'Dirk Danley' <DDanleyCcDpmioffl.com>; TLEstimate @ajaxpaving.com' <FLEstimate(@aiaxpaving.com>; 'La kelia.drum mond@preferredmaterials.com' <Lakelia.drummond6Dpreferred materials.com> Cc: McClearyMark <Mark. McClear)l(@colliercountyfl.gov>; DelgadoTania <Tania.Delgado(a)colliercountyfl.gov>; ProcurementServicesRequest <ProcurementSrvcsReq(@colliercountyfl.gov> Subject: Roadway Contractor Request for Quote: CR-846 From E Main St. (SR 29) to Airport Blvd. - Immokalee. Ladies & Gentlemen: We would like to obtain quotes for the construction of the improvements of the subject project, as follows: 1. The project consists of construction of 6-foot-wide sidewalks on both sides (north and south) of CR-846E from E. Main Street to Airpark Road (approximately 0.43 miles in length). 2. The plans for CR-846 From E Main St. (SR 29) to Airport Blvd. (Project No. 60228.5) and the bid schedules can be downloaded by using this link: https://colliergov.box.com/s/9hhbi9i0fisi2irsk371eouuiynzotz (You may need to create a Packet Pg. 933 16.B.8.d BOX account). 3. The work will be done via a Work Order under the Annual Roadway Contract Number 21- x 7842 in which your company was prequalifted and selected to provide services. 4. Performance and Payment Bonds, in the form prescribed in the contract, in the amount of cc 100% of the Contract Amount, are required for this project. 00 5. Liquidated Damages in the amount of $1,699.00 Per Calendar Day are set for the project v (FDOT FY 2023-24 Specifications for Road and Bridge Construction, Section 8-10.2). 00 6. The anticipated issuance of the Notice To Proceed Letter (NTP) is May 2023, with the N effective construction start around mid-2023. 7. Substantial completion of the project shall be done within 60 calendar days from the effective NTP. The Final Completion 30 calendar days thereafter, for the total contract time of 90 days, 8. A Question and Answer (Q/A) is setup from today until three (3) days before the quotes due (March 6th, 2023). 9. The project is anticipated to be inspected and or supervised by County staff. Please submit your quote by 2:00 p.m. on Thursday March 9th, 2023. We would appreciate if you responded to this e-mail to acknowledge that you received this request for a quote for the subject project. Sincerely, 16-14 Aueffte. Senior Project Manager Transportation Engineering Phone: 239.252.5828 age result for collier county Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 934 16.B.8.e MULTI -CONTRACTOR AWARD AGREEMENT # 21-7842 for ROADWAY CONTRACTOR SERVICES THIS AGREEMENT, made and entered into on this'" day of &0konbeC 20 21 by and between Coastal Concrete Products, LLC d/b/a Coastal Site Development authorized to do business in the State of Florida, whose business address is 7742 Alico Rd, Ft. Myers, FL 33912 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner").. WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing [0-1 upon the date of Board approval; er--❑-or}----- and terminating three ( 3 ) year(s) from that date or until all outstanding ❑■ Purchase Order(s) ❑■ Work Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order ❑■ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ ❑ ❑■ Other: Invitation for Qualification ( IFQ ) # 21-7842 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑■ The Contractor shall also provide services in accordance with Exhibit A - Scope of Services attached hereto. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Pagel of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 935 16.B.8.e 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 [N-J The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. - s - - - . - ---•-• - -- • - 3.4 ❑■ The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. ❑■ The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. 0 Contractor's quoted prices for time and material shall be based on Exhibit B- Fee Schedule. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". rr'Tramount of , " , Fla 4.1 Price Methodology (as selected below): ❑■ Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. ❑s Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Page 2 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 936 16.B.8.e ❑■ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 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 the Agreement. 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. 4.4 The County, 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. 5. SALES TAX. 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. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 33 Multi -Contractor Award Agreement [2021_ver.1 ] i Packet Pg. 937 16.B.8.e 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Coastal Concrete Products, LLC d/b/a Coastal Site DevelopmE Address: 7742 Alico Rd Authorized Agent. - Attention Name & Title. - Telephone: E-Mail(s): Ft. Myers, FL 33912 David E. Torres, Manager 239) 208-4079 David@torrescompanies.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Jay Ahmad Division Name: Transportation Enqineerinq Division Address: 2885 Horseshoe Drive S Naples, FL 34104 Administrative Agent/PM: Mark McCleary, Principal Project Manager Telephone: (239) 252-8442 E-Mail(s): Mark.McCleary@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 33 Multi -Contractor Award Agreement [2021_ver.1] l ! fS) Packet Pg. 938 16.B.8.e 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑E Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ❑■ Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. ❑■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 1,000,000 for each accident. O ❑Cont, te ensure i wa Yes & ❑ er--L4ab+l+ . #aJ-haue-rn4*n!iun44ir�4ts P Page 5 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 939 16.B.8.e F_ ❑ Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify 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. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, 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. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County 13.1 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, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Growth Management Department -Transportation Engineering Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the Page 6 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 940 16.B.8.e performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ❑M Exhibit A Scope of Services, ❑■ Exhibit B Fee Schedule, ❑ RFR❑ 4T--B/❑M Other Invitation for Qualification (IFQ) #21-7842 including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes and corresponding contract documents, M Exhibit C-1 Public Payment Bond, X Exhibit C-2 Public Performance Bond, I Exhibit D - Release and Affidavit Form, ❑■ Exhibit E — Form of Contract Application for Payment, ❑■ Exhibit F - Change Order, ❑■ Exhibit G - Certificate of Substantial Completion, ❑■ Exhibit H -Certificate of Final Completion, ❑■ Exhibit I - Warranty, and ❑ 8the CEx uNrt(Attaoh Trent; 17. APPLICABILITY. Sections corresponding to any checked box (0) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Page 7 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 941 16.B.8.e Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecord Reguest(&-colIiercountyfl aov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. ❑E BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) Page 8 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 942 16.B.8.e calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 23.❑ LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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. The Work shall be substantially completed within the time specified in the Request for Quotation/Scope of Work. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner 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. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation/Scope of Work. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation/Scope of Work for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner 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 complete the Work in a timely manner. 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. 24. F■ PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "D" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "E." 25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between Owner and Contractor, Page 9 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 943 16.B.8.e 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 failed or reasonable evidence indicating probable fling 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. ❑■ CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. B. 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. C. 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 his 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. 28. ❑■ CHANGES IN THE WORK. 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, Page 10 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 944 16.B.8.e 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 modifications to this Agreement shall be in compliance with the County's Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "F" 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. 29. 0■ CLEAN UP. 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. 30. STANDARDS OF CONDUCT: _PROJECT MANAGER. SUPERVISOR EMPLOYEES The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 31. ❑■ TESTS AND INSPECTIONS. 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 to the County 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 County. 32. ❑■ PROTECTION OF WORK A. 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 anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. Page 11 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 945 16.B.8.e 33. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after 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 Owner 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. 34. ■0 COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist 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 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's 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. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "D." B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "I". Page 12 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 946 16.B.8.e Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 35. 0 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County 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 final 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 the County. 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. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County 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 County's staff person who would make the presentation of any settlement reached at mediation to County'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. 39. 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. Page 13 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 947 16.B.8.e [_E1 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 41. FE-1 ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County'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 the County. 43. 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 Page 14 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 948 16.B.8.e and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 44. 7 SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 15 of 33 Multi -Contractor Award Agreement [2021_ver.11 Packet Pg. 949 16.B.8.e IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Court & Comptroller Dated: VWCVVtbd � 1 (SEA) AftSt gt6 C.ffielfMaof signature oniv. Contractor's Witnesses: te_,1610z,� AA - 1&�W Contractor's Second Witness TType/print witness nameT A d as to For and Legality: Count Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER OUNTY, FLORIDA By: ENNY TA R , Chair Coastal Concrete Products, LLC d/b/a Coastal Site Development Contractor M S (print signature and titleT Page 16 of 33 Multi -Contractor Award Agreement 120�1- vve+r. Packet Pg. 950 16.B.8.e ❑■ following this page (pages 1 through ❑ this exhibit is not applicable Exhibit A Scope of Services Page 17 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 951 16.B.8.e IFQ #21-7842 "Roadway Contractor Services" EXHIBIT A SCOPE OF SERVICES The terms "Agreement" and "Contract" may be used interchangeably throughout this Agreement. This Agreement provides for a qualified pool of roadway Contractors, licensed in the State of Florida, to provide complete roadway construction services. These services shall include roadway installation, and not be limited to, the following types of work: 1. Lengthening or otherwise modifying left and right turn lanes along County arterial and collector roadways. This work would typically include, but not be limited to: removal of existing grass or plantings; removal of existing curbing; excavation for new turn lane area; placement of base material and paving; drainage; adjustment of utilities, if present, including irrigation and electric service; revisions to signing, pavement marking and striping; any other additional work necessary to provide a lengthened or otherwise modified turn lane. 2. Modifying median openings along County arterial and collector roadways. This work would be similar to that outlined above in Item 1, however, there may be no existing grass or plantings present. New grass or plantings may be required on a case -by case -basis. 3. Providing improvements at the intersections or extension of roadways. This work could have some or all the elements outlined in Items 1 and 2 above. The work in this category, and the other categories, could also include removal and replacement or construction of new sidewalk, including ramps for the handicapped, and constructing swales. 4. Work of a similar nature and not specifically outlined above. I. General Requirements Contractors shall be a Certified General Contractor or Certified Building Contractor with the State of Florida. Certification must be current to perform any work under the contract. The Contractor and all employees shall comply with applicable Federal, State and Local laws, codes and regulations. Maintenance of Traffic/Traffic Control and Protection will be a part of all projects and will be in accordance with Florida Department of Transportation (FDOT) and Collier County standards and requirements of the Maintenance of Traffic Policy, copies of which are available through the County's Risk Management Division. The County's Project Manager will have the discretion to require replacement of any sub-contractor(s) on County projects. Contractors shall provide the County with a one (1) year warranty for all work performed. This warranty will not go into effect until the project has been completed to the County's total satisfaction. II. Procedures for Distribution of Work Contractors are expected to submit quotes for each Request for Quotation that will be issued under the contract, for the duration of the contract. Repeatedly failing to submit a quote, when requested, may result in termination of Contractors Agreement. A. For all projects with a value of $200,000 or less, the procedure for obtaining quotes from the Contractors is outlined below: 1. A Summary of Work and Request for Quotation will be sent to all the Contractors. 2. The County's Project Manager will set the required response time for each project, but the Contractors will be given a minimum of seven (7) business days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include a pre -bid meeting. 3. The County may negotiate terms and conditions of the Scope of Work. 4. The County's Project Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. Page 1 of 2 Exhibit A — Scope of Services Packet Pg. 952 16.B.8.e 5. Contractor will commence work upon County's issuance of a Notice to Proceed and Work Order/Purchase Order. The Contractor agrees that any Purchase Order that extends beyond the expiration date of the resultant contract will survive and remain subject to the terms and conditions of the resultant contract until the completion or termination of work. B. For all projects with a value greater than $200,000 and up to $1,000,000, the procedure for obtaining quotes from the Contractors is outlined below: 1. A Summary of Work and Request for Quotation will be sent to all the Contractors. Completion time and the collection of liquidated damages may be specified in the Request for Quotation. 2. The County's Project Manager will set the required response time for each project, but the Contractors will be given a minimum of ten (10) business days to provide a quote. Other projects may require a longer quoting period to allow for proper coordination. This period may also include a pre -bid meeting. 3. The County may negotiate terms and conditions of the Scope of Work. 4. The County's Project Manager will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote, if outside the budget. 5. Payment and Performance Bonds will be required and shall be provided within ten (10) business days after notification of intent to award. 6. Contractor will commence work upon County's issuance of a Notice to Proceed and Work Order/Purchase Order. The Contractor agrees that any Purchase Order that extends beyond the expiration date of the resultant contract will survive and remain subject to the terms and conditions of the resultant contract until the completion or termination of work. 7. Any project over $500,000 will require further Board approval. The County reserves the right to waive any or all of these requirements and to separately solicit any job if in the best interest of the County. The County reserves the right to supply all necessary parts for selected projects and repairs. III. Projects exceeding the $1,000,000 threshold will be formally solicited. IV. Compensation & Markup The Contractor will be compensated for time and material not to exceed (T&M NTE) work, unit price, or lump sum as applicable, including material and specialty equipment markup. Markup for subcontractors shall not exceed 10%. All T&M NTE work assignments will utilize a fee schedule as outlined in Exhibit B of this Agreement. For all T&M NTE work, Contractor(s) shall be required to provide backup documentation of Contractor's time and proof of the subcontractor services and/or parts/materials/supplies/equipment by providing invoices and receipts at the time of invoice submission. Ancillary charges may be transferred to the County in the actual amount; however, mark-ups will not be allowed. Mark-ups will not be allowed on sales tax, consumer fees or taxes, use and other similar taxes or fees associated with any work under the resultant contract. Page 2 of 2 Exhibit A — Scope of Services Packet Pg. 953 16.B.8.e ❑E following this page (pages through ❑ this exhibit is not applicable Exhibit B Fee Schedule Page 18 of 33 Multi -Contractor Award Agreement [2021_ver.11 Packet Pg. 954 16.B.8.e CILP" COaSGal coastal ConcreteC5 Site Development ProdUCGS A !Division of Coastal Concrete Products, i LC RATES FOR TIME AND MATERIAL WORK COLLIER COUNTY CONTRACT ROADWAY CONTRACTOR SERVICES 3/7/21 UPDATE LABOR CHARGES DURING STANDARD WORK HOURS (7 AM — 5 PM)* Labor Charges — Per Hour Project Manager $120 Superintendent $95 Foreman (Concrete, Roadway, Grading or Underground) $75 Motor Grader/Finish Grader Operator $70 Other Equipment Operator $65 Underground Crew Labor $60 Concrete Crew Labor $60 Grading Crew Labor $55 MOT Labor $55 Other Labor $55 Equipment Charges (excluding Operator) — Per Hour Excavator - Large (50,000lbs +) $140 Excavator - Medium (20,000-50,000lbs) $100 Excavator - Mini (0-20,000lbs) $80 Loader - Skid Steer (Bobcat) $75 Loader— Medium (Kubota R520/Komatsu 95) $95 Loader— Full Size (Komatsu 250 or larger) $110 Dump Truck —18cyd $75 Bulldozer $105 Motor Grader $130 Dewatering Pump — 2 & 3" $45 Dewatering Pump —4" $55 Dewatering Pump — 6" $75 Dewatering Pump — 8" $85 Trench Box $70 Light Tower $60 Plate Compactor $50 Small Roller $65 Full Size Roller $80 MOT Device (cone, sign, drum, etc) $0.50 Listed models are for reference only. Equivalent equipment of a different brand shall be billed at same rate. Materials and rental equipment provided to be billed and marked up at 15%. * Night work to be billed at a thirty percent (30%) premium from above labor charges. Packet Pg. 955 16.B.8.e ❑ this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, representatives, successors and assigns, jointly and severally. our heirs, executors, personal WHEREAS, Principal has entered into a contract dated as of the _day of 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of under -signed representative, pursuant to authority of its governing body. Page 19 of 33 Multi -Contractor Award Agreement [2021_ver.11 Packet Pg. 956 16.B.8.e Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this of 20 , by , as Of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Page 20 of 33 Multi -Contractor Award Agreement [2021_ver.1] r U m 0 a m Cl) x co v ao w U 00 rn L0 u0 N U r c 0 U I m m L U C 0 U M rn ca 0 U N le 00 ti N a a) E 0 a Packet Pg. 957 16.B.8.e As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this of 20 , by , as OF— a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 21 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 958 16.B.8.e ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of the Contract or to work or to the specifications. Page 22 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 959 16.B.8.e 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 Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this of 20 , by , as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 of 33 Multi -Contractor Award Agreement [2021_ver.1] .1 Packet Pg. 960 16.B.8.e ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this of 20 , by , as OF— a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 24 of 33 Multi -Contractor Award Agreement [2021_ver.1i r U m 0 L a 3 m Cl) x R co v ao w U ao rn L0 u0 N U L 0 U I m m U a 0 U M ca 0 U N le 00 ti N a a) E 0 a Packet Pg. 961 16.B.8.e ❑ this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF STATE OF ( 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 1 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: The foregoing instrument was acknowledged before me by notarization, this of 20 , by Of a 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) NAME [Corporate Seal] means of ❑ physical presence or ❑ online , as _ corporation, on behalf of the corporation. (Signature of Notary Public -State of Florida) (Legibly Printed) Notary Public, State of Commissioner No.: Page 25 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 962 16.B.8.e ❑ this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: RE (Contractor's Representative) (Contractor's Name) (Contractor's Address) Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Original Contract Amount: Revised Contract Time: Total Change Orders to Date Revised Contract Amount Total value of Work Completed Retainage @ 10% thru [insert date] $ and stored to Date Retainage @ _% after [insert date] $ Less previous payment (s) Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: Liquidated Damages to 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; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : DATE: (DP's Name) (Signature) (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Page 26 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 963 16.B.8.e ❑ this exhibit is not applicable ❑ Contract Modification EXHIBIT F CHANGE ORDER ❑ Work Order Modification Contract #: �� Change #: Purchase Order #:I = Project #: Contractor/Firm Name: F Project Name: Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes $ 0.001 #DIV/" Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Approved by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Procurement Professional Page 27 of 33 Multi -Contractor Award Agreement [2021_ver.1] r U m 0 L 3 m Cl) x R N co 00 w V 00 rn L0 N Packet Pg. 964 16.B.8.e ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'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 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 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. Page 28 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 965 16.B.8.e The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR. - 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 Design Professional 20 By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER Type Name and Title Page 29 of 33 Multi -Contractor Award Agreement [2021_ver.1] ,r -,(3 Packet Pg. 966 16.B.8.e ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT H CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To 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 finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 30 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 967 16.B.8.e Executed by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title Page 31 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 968 16.B.8.e ❑ this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 32 of 33 Multi -Award Agreement 2017.006 Ver.1 Packet Pg. 969 16.B.8.e Other Exhibit/Attachment Description: ❑ following this page (pages through _) ❑E this exhibit is not applicable Page 33 of 33 Multi -Award Agreement 2017.006 Ver.I Packet Pg. 970 16.B.8.e Client#: 67237 COAC06 YVVY) ACORD,., CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIslo4MIDD/ 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies Inay require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NT N_ EA Stephanie Roberts Acrisure dba Gulfshore Ins SWF PHONE --- (nrC, yo, EI<e): 239 261-3646 btic, Ne); 239 213-2603 4100 Goodlette Road N E-MAIL sulfshoreinaurance.com Naples, FL 34103 ADDRESS:— rroberts @9 _ INSURER(S) AFFORDING COVERAGE NAIC A 239 261-3646 - -- - -- INSURER A: American Zurich Insurance Company _ 40142 INSURED INSURER B : American Guarantee & Liability Ins Co an 26247 Coastal Concrete Products LLC Markel American Insurance Company 28932 7742 Alico Rd INBURERC: P v Fort Myers, FL 33912-6021 INSURER D : Evanston Insurance Company - INSURER E : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY FHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY E%pp LTR TYPE OF INSURANCE IN$ - POLICY NUMBER _ (MM/DD/YYYY) !(MMIDDUW LIMITS A COMMERCIAL GENERAL LIABILITY X X GL0743477702 11/17/2020 11117/2021 EEAACMHHocCCURRENCE s2,000,000 4CLAIMS -MADE I ^ i OCCUR PREMISES EaEoccccurtence s 300,000 XPD Ded:2.000 MED EXP (Any one person) $10.000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICYFI ECT LOC B I AUTOMOBILE LIABILITY /L ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY X X BAP743477802 11/17/2020111117/202 PERSONAL & ADV INJURY $ "L UUU UUU GENERAL AGGREGATE $4,000,000 PRODUCTS - COMPIOP AGG $4,000,000 $ BODILY INJURY (Per person) S BODILY INJURY (Per socldent) $ PROPERTY DAMAGE $ Per accident $ B X UMBRELLA UAB X OCCUR AUC757740402 1/17/2020111/1712021 EACH OCCURRENCE $4.01 AGGREGATE $4 01 EXCESS UAB CLAIMS -MADE DIED I X I RETENTIONS $ WC675866500 11/17/2020'..11/17/2021 B WORKERS COMPENSATION X X PER OTH- AND EMPLOYERS' LIABILITY Y I N E.L. EACH ACCIDENT $1 OI ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N I A E.L. DISEASE - EA EMPLOYEE $1.,01 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below 1/1712020 1111712021 _ - .A ..._ . E.L. DISEASE - POLICY LIMIT _. _. $1 01 C Leased/Rented MKLM31MOO52797 $400,000 Lim $2,500 Ded D Pollution ECPENV03021 5126/2021 05126/2022 $1,000,000 Limit . Liablit DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) Project # 21-7842 Roadway Contractor Services Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, are listed as Additional Insured on a primary and noncontributory basis with regards to General Liability only as required by written contract perform UGL1175FCW 0413, includes ongoing and completed operations, Waiver of Subrogation in favor of Additional Instlred(s) per form (See Attached Descriptions) II21:Lei 49121:4 Collier Count Board f Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y oy THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E Naples, FL 34113 I AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S16985491M1696008 SAR20 Packet Pg. 971 16.B.8.e DESCRIPTIONS (Continued from Page 1) i UGL925BCW 1201. Additional Insured in regards to Auto Liability only as required by written contract per form CA2001 1013. Waiver of Subrogation regards to Auto Liability per form CA0444 1013. Waiver of Subrogation in regards to Workers Compensation only as required by written contract perform WC000313 0484. Umbrella Follows Form. 30 Days Notice of Cancellation Except 10 for Nonpayment. SAGITTA 25.3 (2016103) 2 Of 2 #S1698549IM1696008 Packet Pg. 972 16.B.8.e Policy Number GLO 7434777-01 SCHEDULE OF FORMS AND ENDORSEMENTS Zurich American Insurance Company Named Insured COASTAL CONCRETE PRODUCTS LLC Effective Date: 11-17-19 12:01 A.M., Standard Time Agent Name GULFSHORE INSURANCE Agent No. 82891-000 COMMON POLICY FORMS AND ENDORSEMENTS U-GU-630-D CW 01-15 DISCLOSURE OF INFO RELATING TO TRIA U-GU-767-B CW 01-15 CAP ON LOSS FROM CERTIFIED ACTS OF TERR U-GU-D-310-A 01-93 COMMON POLICY DECLARATIONS U-GU-619-A CW 10-02 SCHEDULE OF FORMS AND ENDORSEMENTS U-GU-319-F 01-09 IMPORTANT NOTICE - IN WITNESS CLAUSE U-GU-406-B 07-15 INSTALLMENT PREMIUM SCHEDULE U-GU-618-A CW 10-02 SCHEDULE OF LOCATIONS IL 00 17 11-98 COMMON POLICY CONDITIONS IL 00 21 09-08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT IL 00 03 09-08 CALCULATION OF PREMIUM U-GU-1191-A CW 03-15 SANCTIONS EXCLUSION ENDORSEMENT GENERAL LIABILITY FORMS AND ENDORSEMENTS U-GL-1446-A CW 05-10 NOTIFICATION TO OTHERS OF CANCELLATION U-GL-1446-A FL 05-10 NOTIFICATION TO OTHERS OF CANCELLATION U-GL-1517-B CW 04-13 RECORD OR DISTRB OF MATRL OR INFO EXCL U-GL-1518-A CW 04-13 BROADENED NAMED INSURED U-GL-849-B CW 08-04 EMPLOYEE BENEFITS LIABILITY -CLAIMS MADE U-GL-923-B CW 06-04 SILICA OR SILICA MIXED DUST EXCLUSION U-GL-925-B CW 12-01 WAIVER OF SUBROGATION (BLANKET) ENDT. U-GL-D-1115-B CW 09-04 COMMERCIAL GL COVERAGE PART DECLARATIONS U-GL-D-849-B CW 09-04 EMPLOYEE BENEFITS LIAB DEC - CLAIMS MADE CG 00 01 04-13 COMMERCIAL GENERAL LIABILITY COV FORM U-GL-1060-E CW 04-13 CONTRACTORS LIABILITY ENDORSEMENT UGL1171ACW 07-03 FUNGI OR BACTERIA EXCLUSION U-GL-1175-F CW 04-13 ADDL INSD-AUTO-OWNERS LESSEES CONTRACTR U-GL-1294-A CW 10-06 LIMITED OPERATIONS -CONSOLIDATED WRAP-UP U-GL-1178ACW 07-03 ASBESTOS EXCLUSION ENDORSEMENT U-GL-872-B FL 04-09 PREMIUM & REPORTS AGREEMENT -COMP RATED CG 02 20 03-12 FL CHANGES - CANCELLATION & NONRENEWAL UGL850ACW 07-96 DEDUCTIBLE ENDORSEMENT CLAIMS -MADE CG 03 00 01-96 DEDUCTIBLE LIABILITY INSURANCE CG 21 00 07-98 EXCL-ALL HAZ IN CONNECTION W/DESIG PREM CG 21 06 05-14 EXCL-ACC/DISCL OF CONFI OR PERSONAL INFO CG 21 47 12-07 EMPLOYMENT -RELATED PRACTICES EXCLUSION CG 21 86 12-04 EXCL-EXTERIOR INSULATION & FINISH SYSTEM CG 22 79 04-13 EXCL-CONTRACTORS-PROF LIAB CG 25 03 05-09 DESIGNATED CONSTRUCTION PROJECTS GENERAL CG 25 04 05-09 DESIGNATED LOCATIONS GENERAL AGGREGATE U-GU-619-A CW (10/02) N le ao ti N r c a) E t ns Q Packet Pg. 973 16.B.8.e Additional Insured —Automatic — Owners, Lessees Or Contractors 0 ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Pre. Return Prem. GL0743477702 11 /17/2020 11 /17/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Coastal Concrete Products LLC Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F CW (04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 974 16.B.8.e C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an 'occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit' as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1175-F CW (04/13) Page 2 of 2 Packet Pg. 975 16.B.8.e Waiver Of Subrogation (Blanket) Endorsement 9 ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer AWL Preen Return Prem. GL0743477702 11 / 1712020 11 /17/2021 S THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from oth- ers, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12/01) Page I of I Packet Pg. 976 16.B.8.e POLICY NUMBER: BAP 7434778-02 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: COASTAL CONCRETE PRODUCTS LLC Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Packet Pg. 977 16.B.8.e POLICYNUMBER: BAP 7434778-02 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following. - AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: COASTAL CONCRETE PRODUCTS LLC Endorsement Effective Date: 001:41J11 Name(s) Of Person(s) Or Organization(s): ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Packet Pg. 978 16.B.8.e WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Insured Effective Policy No. WC675866500 Insurance Company American Guarantee & Liability Ins Co Countersigned by Endorsement No. Premium $ WC124 (4-84) Page 1 of 1 WC 00 03 13 Copyright 1983 National Council on Compensation Insurance, Inc. Uniform Forms"' Packet Pg. 979