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Agenda 08/22/2023 Item #11C (Award Bid to Solana Road Stormwater Improvements)08/22/2023 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid ("ITB") No. 23-8106, "Solana Road Stormwater Improvements" to Quality Enterprises USA, Inc., in the amount of $5,258,920.70, authorize the necessary Budget Amendments, and authorize the Chairman to sign the attached Agreement. (Project No. 60102) OBJECTIVE: To award ITB No. 23-8106, "Solana Road Stormwater Improvements" to Quality Enterprises USA, Inc., for the construction of stormwater infrastructure improvements. CONSIDERATIONS: The "Solana Road Stormwater Improvements" project consists of the construction of multiple culverts to replace existing pipes/culverts beginning on the west side of Goodlette-Frank Road, north of the intersection of Solana Road, crossing under Goodlette-Frank Road, and continuing downstream along the north side of Solana Road to a point east of Burning Tree Drive, where it discharges into an open ditch, which will also be improved to the outfall at the upper Gordon River. This project will provide for the increased capacity to relieve upstream flooding and increase the size of the culvert to improve the flood protection level of service. On April 17th, 2023, the Procurement Services Division posted ITB No. 23-8106, seeking construction services for the "Solana Road Stormwater Improvements". The County received three (3) bids, by the June 7, 2023, submission deadline, as summarized below: RESPONDENTS: Company Name City County ST Total Bid Price Responsive /Responsible Quality Enterprises USA, Inc. Naples Collier FL $5,258,920.70 Yes/Yes Douglas N. Higgins, Inc. Naples Collier FL $6,042,258.50 Yes/Yes Andrew Sitework, LLC Fort Myers Lee FL $6,228,165.90 Yes/Yes Staff and the Engineer of Record (EOR), Agnoli, Barber & Brundage, Inc., reviewed the bids received and determined all bidders were responsive and responsible, and that Quality Enterprises USA, Inc., is the lowest responsive and responsible bidder. Quality Enterprises has successfully constructed numerous projects for Collier County over the past nineteen years. The EOR, evaluated Quality Enterprises' references and concluded that they possess the relevant experience and skills to construct this project based on its past work on construction projects of similar scope. Quality Enterprises USA, Inc., bid value is approximately 8% lower than the Engineer's Opinion of Probable Construction Cost (OPC) value of $5,713,156.46. The FOR has deemed this bid for construction services (including the associated material and labor) as favorable and recommends that ITB No. 23-8106 and the attached Agreement be awarded to Quality Enterprises USA, Inc. Staff recommends that ITB No. 23-8106 and the attached Agreement be awarded to Quality Enterprises USA, Inc., in the amount of $5,258,920.70. The parties (Collier County and Contractor) agree to amend the Agreement within no later than ninety (90) days of the effective date to comply with legislative changes to Fla. Stat., §218.735, timely payment for purchases of construction services, Fla. Stat., § 255.074, Procedures for calculation of payment due dates, Fla. Stat., §255.077, Project closeout and payment of retainage, and Fla. Stat., §255.078, Public construction retainage, (with an effective date of July 1, 2023). FISCAL IMPACT: Funding for the contract and allowance total $5,258,920.70. $1,000,000.00 is currently in the project under the Stormwater Bond Fund (3052). The allowance of $478,083.70 will be paid from the Stormwater Capital Fund (3050). A budget amendment is necessary to transfer $3,780,837.00 from the Stormwater Bond Packet Pg. 111 11.0 08/22/2023 Reserves Fund (3052) to project 60102. GROWTH MANAGEMENT IMPACT: The proposed construction projects are in accordance with the goals, objectives, and policies of all applicable sections of the Stormwater Management and the Conservation and Coastal Management elements of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. - JAK RECOMMENDATION: That the Board award ITB No. 23-8106, "Solana Road Stormwater Improvements", to Quality Enterprises USA, Inc., in the amount of $5,258,920.70, authorize the necessary Budget Amendments, and authorize the Chairman to sign the attached Agreement. Prepared By: Mark Zordan, Capital Stormwater Manager, Capital Project Planning, Impact Fees, and Program Management Division ATTACHMENT(S) 1. [Linked] 23-8106_Contract Quality with Bonds (PDF) 2.23-8106Insurance _Quality (PDF) 3.23-8106 NORA (PDF) 4.23-8106 - DELORA (PDF) 5.23-8106 Bid Tabulation.xlsx (PDF) Packet Pg. 112 11.0 08/22/2023 COLLIER COUNTY Board of County Commissioners Item Number: I LC Doc ID: 26194 Item Summary: Recommendation to award Invitation to Bid ("ITB") No. 23-8106, "Solana Road Stormwater Improvements" to Quality Enterprises USA, Inc., in the amount of $5,258,920.70, authorize the necessary Budget Amendments, and authorize the Chairman to sign the attached Agreement. (Project No. 60102) (Beth Johnssen, Capital Project Planning, Impact Fees & Program Management Director) Meeting Date: 08/22/2023 Prepared by: Title: — Capital Project Planning, Impact Fees, and Program Management Name: Mark Zordan 07/21/2023 4:39 PM Submitted by: Title: Division Director - Capital Proi Plan, Impact Fees — Capital Project Planning, Impact Fees, and Program Management Name: Beth Johnssen 07/21/2023 4:39 PM Approved By: Review: Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 07/24/2023 2:21 PM Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 07/24/2023 3:05 PM Growth Management Community Development Department Lisa Taylor Additional Reviewer Completed 07/25/2023 6:13 AM Capital Project Planning, Impact Fees, and Program Management Daniel Roman Additional Reviewer Completed 07/25/2023 8:14 AM Capital Project Planning, Impact Fees, and Program Management Raquel Ovares Additional Reviewer Completed 07/25/2023 3:54 PM Procurement Services Patrick Boyle Additional Reviewer Completed 07/26/2023 1:29 PM Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Additional Reviewer Completed 07/27/2023 11:25 AM Procurement Services Sue Zimmerman Additional Reviewer Completed 07/27/2023 1:01 PM Transportation Management Operations Support Tara Castillo Additional Reviewer Completed 08/01 /2023 9:10 AM Procurement Services Sandra Herrera Procurement Director Review Completed 08/01/2023 11:45 AM Transportation Management Services Department Trinity Scott Transportation Completed 08/04/2023 11:21 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/04/2023 12:30 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/08/2023 4:37 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 08/10/2023 2:16 PM Packet Pg. 113 08/22/2023 County Manager's Office Board of County Commissioners Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 08/16/2023 2:31 PM 08/22/2023 9:00 AM Packet Pg. 114 11.C.a CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Quality Enterprises USA, Inc. ("Contractor") of 3494 Shearwater Street, Naples, Florida 34117-8414, a Foreign Profit Corporation authorized to do business in the State of Florida, to perform all work ("Work") in connection with "Solana Road Stormwater Improvements", Invitation to Bid No. 23.8106 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Agnoli, Barber & Brundage, Inc., the Engineer and/or Architect of Record ("Design Professional') and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2, Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Five Million Two Hundred Fifty -Eight Thousand Nine Hundred Twenty Dollars and Seventy Cents ($5,258,920,70). Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less 1 Construction Services Agreement: 12022_ver.4] Packet Pg. 115 11.C.a than $500,000, the requirements of Section 287,0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5, Contract Time and Liauidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within two hundred and seventy (270) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion, Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Two Thousand Five Hundred and Seventeen Dollars ($2,617.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday 2 construction Services Agreement: [2022_ver.41 Packet Pg. 116 11.C.a or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection, The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #23-8106 "Solana Road Stormwater Improvements". Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms ❑ Not Applicable Exhibit B-2: Performance Bond Forms ❑ Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 Construction Services Agreement [2022_ver.4j Packet Pg. 117 11.C.a Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit l: Supplemental Terms and Conditions ® Applicable ❑ Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation ##23-8106 "Solana Road Stormwater Improvements". The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.com/bidsvnc-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ®Exhibit K: Permits ®Exhibit L: Standard Details ®Exhibit M: Plans and Specifications, as revised, prepared by: Agnoli, Barber & Brundage, Inc, ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Capital Project Planning & Impact Fees 2685 Horseshoe Drive S Naples, FL 34104 Attn: Mark Zordan, Manager- Stormwater Phone: (239) 252-5606 Email: Mark.Zordan(c-)colliercountyfi.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Quality Enterprises USA, Inc. 3494 Shearwater Street Naples, Florida 34117-8414 Attn: Louis J. Gaudio, Vice President Phone: (239) 435-7200 Email: Lgaudiopgeusa.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. 4 Construction Services Agreement: (2022_ver.41 Packet Pg. 118 11.C.a Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law._ The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severabi_lity. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Construction Services Agreement: [2022_ver.4] Packet Pg. 119 11.C.a Section 16. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. Remainder of page intentionally left blank 6 Construction Services Agreement: [2022_ver.4] Packet Pg. 120 11.C.a IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: FIRST WITNESS Marcie Cohen P'Vj. l�"t77 me 0, M SECOND fVITNESS Lina Upham Print Name ATTEST: Crystal K. Kinzel, Cleric of Courts & Comptroller Date: Approv dz 1; t and Legality: County Attorney Neh Print Name CONTRACTOR: QUALITY ENTERPRISES USA, INC. Louis J. Gaudio, Vice President Print Name and Title Date: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA M. RICK LOCASTRO, Chairman 7 construction Services Agreement: 12022_ver.41 Packet Pg. 121 11.C.a EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) c m E m O L Q E L d 3 E L O ,,41^ v/ NNO ,,O^ v/ 3 r Q Construction Services Agreement: [2022_ver.4] Packet Pg. 122 11.C.a 23-8106 Solana Road Stormwater Improvements - Bid Schedule EARTHWORK & SITEWORK ITEM DESCRIPTION QUANTITY UNIT UNIT COST SUBTOTAL 1 Project Sin 2 EA $1,816.50 $3,633.00 2 Survey Layout, As -Built Survey & Maintain Record Drawings 1 LS $43,339.00 $43,339.00 3 Erosion and Sediment Control 1 LS $58 872.00 $58 872.00 4 Pre & Post Construction Video 1 LS $1 817.00 $1 817.00 5 General Restoration 1 LS $42,127.00 $42,127.00 6 Clearing and Grubbing (4.0 AC) 1 LS $50,228.00 $50,228.00 7 Riprap, Rubble, F&I, Ditch Lining 29 TN $143.50 $4,161.50 8 Regular Excavation - North Ditch Re -Grading 922 CY $36.25 $33 422.50 9 Regular Excavation - South Ditch Re -Grading 1,762 CY $35.75 $62,991.50 10 Embankment - North Ditch 210 CY $28.25 $5 932.50 11 Embankment - South Ditch 175 CY $33.75 $5,906.25 12 Bahia Sod - Installed 17,500 SY $7.25 $126 875.00 13 1 Armorin - Gabion Baskets 9 ga., rock -filled, fabric overlay] 1,550 CY $506.00 $784,300.00 14 Bollards 51 EA $794.00 $3 970.00 15 Mast Arm include all work indicated in note on sheet 9 of 15 11 LS $27,924.00 $27,924.00 16 Mobilization 9.5% it LS $452,957.00 $452,957.00 17 Maintenance of Traffic 2.5% 11 LS $114,497.00 $114,497.00 Subtotal $1,822,953.25 DESCRIPTION UNIT UNIT COST SUBTOTAL $1,821.50 $200,365.00 $959.25 $33 573.75 Subtotal $233,938.75 DRAINAGE ITEM DESCRIPTION QUANTITY UNIT UNIT COST SUBTOTAL 1 18" RCP 37 LF $239.50 $8,861.50 2 24" RCP 319 LF $329.25 $105,030.75 3 30" RCP 136 LF $357.75 $48,654.00 4 36" RCP 29 LF $423.50 $12,281.50 5 48" RCP 6 LF $724.75 $4,348.50 6 54" RCP 256 LF $774.50 $198,272.00 7 Drainage Pipe 36in Inline Check Valve WS885-S 1 EA $39,199.00 $39,199.00 8 Drainage Pie 18in Inline Check Valve WS440-S 1 EA 1 $20 870.00 $20 870.00 9 Removal of 18" RCP and 1 Mitered End 23 LF $48.00 $1,104.00 10 Removal of 36" RCP and 1 Mitered End 166 LF $64.00 $10 624.00 11 Removal of 48" RCP 741 LF $98.50 $72,988.50 12 Install 1 V x 4' CBC 359 LF $3 983.50 $1 430 076.50 13 FDOT Type C Inlet 3 EA $6,288.50 $18,865.50 14 Install Straight End Wall 1 EA $43 363.00 $43 363.00 15 Maintenance Access Manhole 1 EA $13,592.00 $13,592.00 16 Remove Existing Junction Box 2 EA $8 628.00 $17 256.00 17 Install 8' x 4' CBC 61 LF $2,535.00 $154,635.00 18 Type "H" Inlet 1 EA $13 516.00 $13 516.00 19 Mitered End Section, 18" 1 EA $2,316.00 $2,316.00 20 Mitered End Section 30" 2 EA $4 589.00 $9 178.00 21 Mitered End Section, 36" 1 EA $7,498.00 $7,498.00 22 Install new cast -in -place Junction Box - Cone Class IV 6 x 16 DS 23 CY $4 223.25 $97 134.75 23 Install new cast -in -place Junction Box - Cone Class IV, 12 X 16 DS 33 CY $3,473.25 $114,617.25 24 Cone Class IV Transition Sections 2 10 CY $6 855.00 $68 550.00 25 Cone Class IV, End Walls 5 CY $8,464.25 $42,321.25 26 Reinforcing For Concrete - 6 x 16 DS 7,3021 LB $2.50 $18 255.00 27 Reinforcing For Concrete - 12 x 16 DS 10,5861 LB $2.50 $26,465.00 28 Reinforcing For Concrete - Transition Section 1,7901 LB $2.50 $4 475.00 29 Reinforcin For Concrete - End Walls 430 LB $2.50 $1,075.00 30 allIn-line Inlet Grate 1 EA $11,307.50 $11,307.50 Subtotal $2,616,730.50 OTABLE WATER, WASTEWATER & FIRE ITEM DESCRIPTION QUANTITY UNIT UNIT COST SUBTOTAL 1 Remove & Install 16" C900 DR14 PVC Forcemain 30 LF $763.00 $22 890.00 2 Remove & Install 8" C900 DR14 PVC Watermain 30 LF $313.75 $9,412.50 3 6" Water Main Assembly 2 EA $18 342.50 $36 685.00 4 Relocate/ Replace Hydrant Assembly 1 EA $13,114.00 $13,114.00 5 Replace & Deflect 16in WM 1 EA $25,113.00 $25,113.00 Subtotal $107,214.50 Subtotal $4,780,837.00 1 1 Owner's Allowance 10% of total base bid 11 TM 1 $478,083.70 $478,083.70 TOTAL BID PRICE + OWNER'S ALLOWANCE $5,258,920.70 Owners Allowance - for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change. Packet Pg. 123 11.C.a EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) N c aD E (D O L Q E L E L O r NNO O U) r Q Construction Services Agreement: [2022_ver.4] Packet Pg. 124 11.C.a FORM 1- BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Solana Road Stormwater Improvements BID NO.23-8106 Full Name of Bidder Quality Enterprises USA, Inc. Main Business Address 3494 Shearwater Street, Naples FL 34117-8414 Place of Business Same Telephone No. 239-435-7200 Fax No. 239-435-7202 State Contractor's License # CBCA57231, CUC057398 State of Florida Certificate of Authority Document Number F95000002550 Federal Tax Identification Number 54-0947002 DUNS # 050997386 CCR# N/A Cage Code OXMZ7 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the Construction Solicitation Doc rev 04152022 Packet Pg. 125 11.C.a above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within two hundred and seventy (270) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signatu ouis J. Gaudio Title: Vice President Date: 6/7/23 ConstrUction Solicitation Doc rev 04152022 Packet Pg. 126 11.C.a FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Solana Road Stormwater Improvements Bid No. 23-8106 Name Pancho Gress Lou Gaudio Personnel Category Construction Superintendent Project Manager Construction Solicitation Doc rev 04152022 Packet Pg. 127 11.C.a FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Quality Enterprises USA, Inc. Signature: Date: 6/7/23 Louis audio, Vice President Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Signature: Construction Solicitation Doc rev 04152022 Date Packet Pg. 128 11.C.a FORM 4 - LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non -compliant or non -qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non -compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address I. Electrical N/A 2. Mechanical N/A 3. Plumbing N/A 4. Site Work N/A 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule N/A Company: Quality Enterprises USA, Inc. Signature: '" Date:6/7/23 Louis J. audio, Vice President Construction Solicitation Doc rev 04152022 Packet Pg. 129 11.C.a FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. SEE SUPPLEMENTAL QUALIFICATION REQUIREMENTS — (The Supplemental Qualifications takes precedence, should there be conflicting language with this form.) The Bidder is required provide five (5) project references, stated below, of what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. Meets Criteria Taxiway D Realignment & Drainage Naples Airport Autority A - A (project name) (project owner) Naples Airport, Naples, FL 160 Aviation Drive N, Naples, FL 34104 (project location) (Owner's address) Installed over 3,000 LF of storm piping Sr. Director of ranging in size from 24" to 54" Kerry Keith Airport Development (project description) (Owner's contact person) (title) July 2018 - Dec. 2018 $ 3,675,999.00 239-643-0733 KKEITH@FLYNAPLES.COM (project start/completion dates) (contract value) (phone) (email) 2. Meets Criteria Farm Workers Village Box Culvert Collier County Housing Authority A - B (project name) (project owner) Immokalee, FL 1800 Farm Workers Way, Immokalee, FL (project location) (Owner's address) Installed 120 LF of 5' x 11' Box Culvert Oscar Hentschel Exec. Director (project description) (Owner's contact person) (title) May 2019 - June 2019 $401,004.00 239-657-3649 OHENTSCHEL(@CCHAFL.ORG (project start/completion dates) (contract value) (phone) (email) 3. Meets Criteria SRQ Master Drainage Improvements Sarasota Manatee Airport Authority A - C (project name) (project owner) Sarasota Airport, Sarasota, FL 1123 General Spatz Blvd., Sarasota, FL (project location) (Owner's address) Installed over 8,000 LF of pipe and 1360 Gabeon Baskets Scott Brady FOR (project description) (Owner's contact person) (title) Feb. 2020 - Jan. 2021 $7,784,534.00 941-914-2187 SBRADY@EG-SOLUTIONSINC.COM (project start/completion dates) (contract value) (phone) (email) Construction Solicitation Doc rev 04152022 Packet Pg. 130 11.C.a FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER Meets Criteria 4. Goodlette Road Ditch West Bank A - D Reconstruction and Stabilization Collier Coun (project name) (project owner) NaDles. FL (project location) Grade ditch and installed Hydro Turf 2 for stabilization (project description) June 2020 - March 2021 (project completion date) 2685 S. Horseshoe Drive, Naples, FL (Owner's address) Mindy Collier Project Manager (Owner's contact person) (title) $426,100.00 239-252-6139 MINDY.COLLIER@COLLIERCOUNTYFL.GOV (contract value) (phone) (email) Meets Criteria 5. Long Beach Upper Canal B Channelization US Army Corp. (project name) (project owner) Harrison Countv. Mississi (project location) Installation of Gabeon Baskets, 12" to 48" RCP, Box Culvert and Ditch Reconstruction (project description) July 2018 $9,550,000.00 (project completion date) (contract value) Company: Signature: Louis— J. Gaudio, Vice President 6. Fordham and Niagra Waterway Meets Criteria B Port Charlotte, FL Installation of box culverts, 24"-36" RCP Pipe, Gabeon Baskets and Dirt regrading August2018 $2,196,048.00 Construction Solicitation Doc rev 04152022 109 St. Joseph Street, Mobile, AL (Owner's address) Nate Lovelace Project Manager (Owner's contact person) (title) 251-802-2010 (phone) NATHAN.LOVELA.CEaSAM USACE.ARMY.MIL (email) Date: 6/7/23 Charlotte County 18500 Murdock Circle, Port Charlotte, FL Karen Bliss Project Manager 941-575-3642 KAREN.BLISS@CHARLOTTECOUNTYFL.GOV Packet Pg. 131 11.C.a FORM 6 - TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure uanti Cost (Description) LF SY Slope 2. 3. 4. 5. LF 1,300 $3.00 $3,900.00 TOTAL s 3,900.00 company: Quality Enterprises USA, Inc. Signature: _ �— Date: 6/7/23 Louis J. Gaudio, Vice President Construction Solicitation Doc rev 04152022 Packet Pg. 132 11.C.a FORM 7 -BID BOND - -- -- THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVEINON- RESPONISBLE KNOW ALL MEN BY THESE PRESENTS, that we Quality Enterprises USA, Inc. (herein after called the Principal) and Fidelity and Deposit Company of Maryland (herein called the Surety), a corporation chartered and existing under the laws of the State of Illinois with its principal offices in the city of Schaumburg and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commissioners, Collier County, Florida (hereinafter called the Owner), in the full and just sum of -Five-Percent-of-Amount-Bid-- dollars ($ 5%-of-Bid ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No. 23-8106 Solana Road Stormwater Improvements. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5%-of-Bid noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 31st day of May , 2023. Quality Enterprises USA, Inc. Principal BY (Seal) Louis J. Gaudio, Vice President Fidelity and Deposit Company of Maryland Surety (Seal) Terri K. Straw AttorXi y ' Fa gt/ Countersigned Daniel J. GarY90, Nonce eside Appointed Producing Agent for F' elity and Deposit Company of Maryland Packet Pg. 133 11.C.a Bond Number: Bid Bond Board of County Commissioners, Collier County. Obligee Florida ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Terri K. Strawhand , its true and lawful agent and Attorney -in -Fact, to make. execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York. New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at it,, office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify, that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 18th day of April, A.D_ 2023. ,aaUPngp,,,/: InsOUInsu ��'�. anmrnney Con,pro -`'`�O¢ �T:e, :. 6 P O `a�Po 3�r OP RgJf:o•': �`•��osa Q 'P70aq .`'. E§i SEAL r o?O Y;o :vc =ci SEAL •. ietx.:• oJ...(sn fFo�r %Q •........... ..i . ' y l7nois �i,,Meay.rocK �qunumnP`a`` !! io r nn �5 �`0``• ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND BY: Robert D. &tu ray Vice President Bv: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 18th day of April. A.D. 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified.. Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authoriq• and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Nouvv Public NN Commission Expires September 30, 2023 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 Packet Pg. 134 11.C.a EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto: and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate, and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 31st day of May . 2023 �`�Op,POgq�u�''': �/'° �, cQr'•POp•�,��'. SEAL a,,`o'�pPO , SEAL p " _ SEAL q/mols , '.y`YgyYow. �''y lri�no �•Q �� By: Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 reportsfclaims(a).zurichna.com 800-626-4577 Authenticity of this bond can he confirmed at bond-,alidatoa•.zu►•ichna.cotn or 410-559-8790 Packet Pg. 135 11.C.a FORM 8 - INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverages purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. Packet Pg. 136 11.C.a Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https:Happs.fldfs.com/boeexem�t/ 2. ® Employer's Liability $_1,000,000_ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury current ISO form Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ® Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ® Contractors Pollution ❑ Professional Liability $ ® Umbrella/Excess Coverage ❑ Valuable Papers Insurance ❑ Cyber Liability $ 1,000,000 Per Occurrence ❑ Technology Errors & Omissions Per claim & in the aggregate $2,000,000 Per Occurrence $ Per Occurrence $ Per Occurrence $ Per Occurrence Packet Pg. 137 11.C.a 7. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GG — 3/9/2023 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. Packet Pg. 138 11.C.a COe LL7r County Procurement Services Division FORM 9 — CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above - mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non- public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Quality Enterprises USA, Inc. Company Name Signature Louis J. Gaudio, Vice President Print Name and Title State of Florida County of Collier The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this 7th day of June (month), 2023 (year), by Louis J. Gaudio (name of person acknowledging). (Signature of Notary Public'- State of Florida) Personally Known OR Produced Identification N/A - Known Marcie L. Cohen (Print, Type, or Stamp Commissioned Name of Notary Public) Type of Identification Produce MARCIE L. COHEN * :*: MY COMMISSION # HH 196569 EXPIRES: February 11, 2026 Zgp F�4° ` Bonded Thru Notary Public Underwriters Packet Pg. 139 11.C.a COlieY Comity Procurement Services Division FORM 10 — VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub - vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 7th day of June , 2023in the County of Collier , in the State of Florida Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email Signature by (Typed and written) Title: Quality Enterprises USA, Inc. 3494 Shearwater Street Naples, Florida 34117-8414 F95000002550 54-0947002 OXMZ7 239-435-7200 LGAUDIO(@.QEUSA.COM Louis J. Gaudio Vice President Packet Pg. 140 11.C.a Additional Contact Information Send payments to: (required if different Company name used as payee from above) Contact name: Title: c d Address: 0 L City, State, ZIP Q- E L Telephone: +; cc 3 E L 0 Email: 0 Office servicing Collier County to place orders c (required if different M 0 from above) U) Contact name: rn Title: N Address: c 0 m City, State, ZIP M 3 Telephone: >+ Email: � CJ I c� L Secondary Contact for 0 this Solicitation: of Email: 0 m Phone: Packet Pg. 141 11.C.a Co ker County Procurement Services Division FORM 11- IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida Statutes W8.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. Quality Enterprises USA, Inc. Company Name Signature Louis J. Gaudio, Vice President Print Name and Title State of Florida County of Collier The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this 7th day of June (month), 909(year), by Louis J. Gaudio (name of person acknowledging). � _ C (Signature of Notary Public -State of Florida) Marcie L. Cohen (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification N/A - Known MARCIE L. COHEN Type of Identification Produced ;=:'' *: *. MY COMMISSION # HH 196569 EXPIRES: February 11, 2026 BOndid Thru Notary Public Ur r.. tm Packet Pg. 142 11.C.a 11/10/2020 E-Verify: Employer Wizard - Company Information E-Verify Welcome Company User ID _MENU Jacquelyn Horeth QUALITY ENTERPRISES USA, INC JHOR2058 Company Information N c Company Name Company ID Number Doing Business As (DBA) Name QUALITY ENTERPRISES 234219 d USA, INC PUNS Number O — L Q E Physical Location Mailing Address Address 1 Address 1 L tV 3494 Shearwater St t4 Address 2 Address 2 3 L City City 0 Naples — (q State State FL — t4 O Zip Code Zip Code 34117 — C County R COLLIER p U) Additional Information Employer Identification Number Total Number of Employees Parent Organization t7� 540947002 100 to 499 Administrator v QUALITY ENTERPRISES USA INC to C Organization Designation m Employer Category Federal Contractor without FAR E-Verify Clause �+ View I Edit -' 7 CY NAICS Code Total Hiring Sites Total Points of Contact y,rl 238 - SPECIALTY TRADE 1 2 CONTRACTORS view / Edit View / Edit aL+ View / Edit O View Original MOU Template vlew:imou Last Login: 11/10/2020 01:30 PM IIIIIII U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Enable Permanent Tooltips Accessibility Download Viewers https://e-verify.uscis.gov/web/EmployerWizard.aspx Packet Pg. 143 11.C.a FORM 12 - BIDDERS CHECKLIST IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. Please read carefully, sign in the spaces indicated and return with your Bid. FAILURE TO PROVIDED THE BID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-RESPONSIVE/NON- RESPONSIBLE. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a. Bid Form (Form 1) b. Contractors Key Personnel (Form 2) c. Material Manufacturers (Form 3) d. List of Major Subcontractors (Form 4) e. Statement of Experience (Form 5) f. Trench Safety Act (Form 6) g. Bid Bond Form (Form 7) h. Insurance and Bonding Requirements (Form 8) i. Conflict of Interest Affidavit (Form 9) j. Vendor Declaration Statement (Form 10) k. Immigration Law Affidavit Certification (Form 11) MUST be signed and attached with your submittal. 1. Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. Copies of required information have been attached a. Business tax Receipt (Collier County Businesses Only) b. Company's E-Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida (sunbiz.org) d. Any required professional licenses — valid and current (myfloridalicense.com) (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) e. Vendor W-9 Form 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise the Bid cannot be considered. Packet Pg. 144 11.C.a of vie ' O74Hty Procurement Serves Division Date: May 17, 2023 Email: Patrick.Boyle@colliercountyfl.gov Telephone: (239) 252-8941 Addendum #1 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum #1 23-8106 Solana Road Storinwater Improvements The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1: Words underlined are added to Section 1.2 Special Conditions Subsection E of the Bid Specifications. Words stnae� are deleted from Section 1.2 Special Conditions Subsection E of the Bid Specifications At all times, CONTRACTOR shall remain aware that work on this project is occurring within an existing and functioning drainage corridor and that the onslaught of storm events shall necessitate the full use of the drainage ditch to allow conveyance of stormwater through the Fpeedem Dort .,r,,pe#y ditch into the Gordon River. Upon arrival of a major storm event, or a forecast of same, OWNER (Collier County) shall, at its sole discretion, request that CONTRACTOR clear the ditch channel cross-section of any and all obstructing jobsite construction items, including any materials, temporary formwork, scaffolding, to restore the existing drainage conveyance capacity of the ditch. Within 24 hours of such notification, OWNER shall expect the CONTRACTOR to complete all necessary tasks and to fully comply with this directive. Change 2: Words stfuek thr-ough are deleted from Section 1.2 Special Conditions Subsection F of the Bid Specifications Change 3: Words underlined are added to Section 3.1 General Requirements Subsection E (Item 5) of the Bid Specifications. Packet Pg. 145 11.C.a E. (Item 5) General Restoration: Measurement for various items covered under General Restoration will not be made for payment, and all items shall be included in the Contract lump sum price. Payment for general restoration will be made at the appropriate Contract Unit price per lump sum, and will be prorated based on percent complete. This item includes all labor and materials required for complete ROW to ROW restoration including clearing and grubbing, clean-up, grading (outside of swales), replacement of grass, sod, landscaping, and other surface materials not specifically designated in the Bid. This line item shall include all sodding required for ROW to ROW restoration including swales. Sod type shall be determined by the type of sod that constitutes 50% or more of the property to be restored. Please note that the Contractor is responsible for the upkeep and maintenance of all sod and landscaping during construction, including maintaining existing public and private irrigation systems in service. New sod and landscaping which is damaged or destroyed during construction shall be replaced at no additional cost to Collier County. All landscaping damaged or removed as part of the Contractor's operations must be replaced unless directed otherwise in writing by Collier County. Additionally, the Contractor must repair and replace all private and public irrigation facilities that are damaged or destroyed during construction. Any and all costs incurred by private parties from damaged irrigation lines shall be paid for by the Contractor. The security of the adjacent developed areas (golf maintenance areas) is of utmost importance, it has been assumed that the security fencing around each area will not need to be disturbed. If for some unforeseen reason this fencing is disturbed, it is the contractor's responsibility to secure the properties in as good or better condition as exists to the satisfaction of the private property owners. Additional payment will not be made for any accommodation and should be accounted for in the restoration Pay item. Please see revised Bid Specifications uploaded to BidSync. If you require additional inforination, please post a question on our Bid Sync (www.bidsyne.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 5/17/23 (Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA. Inc. (Name of Finn) Packet Pg. 146 11.C.a 4 Co 7e>r County Procurement SenAces Division Date: May 30, 2023 Email: Patrick.Boyle@colIiercountyfl.gov Telephone: (239) 252-8941 Addendum #2 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum #2 23-8106 Solana Road Stormwater Improvements The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1: Extend Bid due date. OPENING DAY/DATE/TIME: Wednesday, June 7, 2023 AT 3:00 PM If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) LOUIS J. vaudlo, vice Fires Quality Enterprises USA, Inc. (Name of Firm) 5130/23 Date Packet Pg. 147 11.C.a Collier COUnty Procurement Services Division Date: May 31, 2023 Email: Patrick.Boyle@colliercountyfl.gov Telephone: (239) 252-8941 Addendum #3 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum #3 23-8106 Solana Road Stormwater Improvements The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Changel. - The following changes were made: Summary of the change made: 1. Structural Plans - Changed EOR, Increased sizes (length) of drainage structures, with corresponding change of vertical wall rebar size/spacing. 2. Civil Plans — Proposed 54-inch RCPs were shifted to avoid a direct conflict with the existing traffic mast arm 3. Bid Schedule — three new line items added Documents reflecting the change: 1. A revision to the design plans is included as follows: a. Key (Cover) Sheet: Changed EOR, revised Drawing Schedule Table to reflect size change of drainage structures b. 18' x 6' Drainage Structure (1 of 3): Revised to reflect change in size (length) of drainage structure c. 18' x 6' Drainage Structure (2 of 3): Revised to reflect change in size (length) of drainage structure d. 18' x 6' Drainage Structure (3 of 3): Revised to reflect change in size (length) of drainage structure (including revised rebar table) e. 19' x 12' Drainage Structure (1 of 3): Revised to reflect change in size (length) of drainage structure f. 19' x 12' Drainage Structure (2 of 3): Revised to reflect change in size (length) of drainage structure g. 19' x 12' Drainage Structure (3 of 3): Revised to reflect change in size (length) of drainage structure (including revised rebar table) 2. A revision to the Civil Plans is included as follows: a. Sheet 3 location of improvement H modification noted. b. Sheet 9 depicts existing mast arm location, 54" pipe shifts and proposed in -line 24" ADS inlet and associated notes. Packet Pg. 148 11.C.a c. Sheet 15 shows example detail of ADS in -line inlet. A revision to the Bid Schedule is included as follows: a. Added Line Item 15 under Earthwork and Sitework: Mast Arm (including all work indicated on sheet 9 of 15 b. Added Line Item 5 under Potable Water, Wastewater and Fire: Replace & Deflect 16 in WM c. Added Line Item 30 under Drainage: Install In -line Inlet Grate If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platfonn under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 5/31 /23 (Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. (Name of Finn) Packet Pg. 149 11.C.a � Request for Taxpayer Give Form Form Identification Number Certification to the (Rev. October2018) and requester. Do not Department of the Treasury Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. send to the IRS. 1 Name (as shown on your Income tax return). Name is required an this line; do not leave this line blank. Quality Enterprises USA, Inc. 2 Business name/disregarded entity name, if different from above m �P 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the Y 4 Exemptions codes apply only to P� ( PP Y Y following seven boxes. certain entities, not individuals; see CL [1Individual/sole proprietor or ❑ C Corporation Z S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): o ai single -member LLC Exempt payee code (if any) ao ai't ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► 0 2 Note; Check the appropriate box In the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting N LLC If the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is LLC that is disregarded from the for U.S. federal code (if any) ou another not owner tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. u m ElOther (see instructions) ► (Applies to accounts maintained outside the u.s.) C 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) m 3494 Shearwater Street U) 6 City, state, and ZIP code Naples, Florida 34117-8414 7 List account number(s) here (optional) I axpayer Identitication Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (S. However, for a - m - resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 5 4- 0 9 4 7 0 0 2 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. sign I Signature of Louis J. Gaudio Here U.S. person ► Vice President Date► 6/7/23 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/F6rmW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. if you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231 X Form W-9 (Rev 10-2018) Packet Pg. 150 11.C.a FDOT Florida Department of Transportation RON DESANTIS 605 Suwannee Street JARED W. PERDUE, P.E. GOVERNOR Tallahassee, FL 32399-0450 SECRETARY QUALITY ENTERPRISES USA, INC. 3494 SHEARWATER STREET NAPLES, FLORIDA 34117 June 1, 2022 RE: CERTIFICATE OF QUALIFICATION The Department of Transportation has qualified your company for the type of work indicated below. FDOT APPROVED WORK CLASSES: DEBRIS REMOVAL (EMERGENCY), DRAINAGE, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, HOT PLANT -MIXED BITUM. COURSES, INTERMEDIATE BRIDGES, MINOR BRIDGES, PORTLAND CEMENT CONCRETE ROADWAY PAVING, R&R MINOR BRIDGES, SIDEWALK, CURB & GUTTER, DRIVEWAYS, UNDERGROUND UTILITIES (WATER, SEWER & FORCE MAIN) AND PUMP STATION. Unless notified otherwise, this Certificate of Qualification will expire 6/30/2023. In accordance with Section 337.14(4), Florida Statutes, changes to Ability Factor or Maximum Capacity Rating will not take effect until after the expiration of the current certificate of prequalification (if applicable). In accordance with Section 337.14(1), Florida Statutes, an application for qualification must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If the company's maximum capacity has been revised, it may be accessed by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualification Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. The company may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.), by accessing the most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that the company has performed such work. All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. AA:cg 1 Sincerely, �2Alan Autry, Manager Contracts Administration Office Improve Safety, Enhance Allobility, Inspire Innovation wwvw.fdot.gov Packet Pg. 151 I 11.C.a I State of Florida Department of State I certify from the records of this office that QUALITY ENTERPRISES USA, INC. is a Virginia corporation authorized to transact business in the State of Florida, qualified on May 25, 1995. The document number of this corporation is F95000002550. I further certify that said corporation has paid all fees due this office through December 31, 2023, that its most recent annual report/uniform business report was filed on January 23, 2023, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-third day of January, 2023 Secretary af,State Tracking Number: 8086436329CC To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatusICertificateAuthentication Packet Pg. 152 11.C.a i N u a) c l7 vi a v 9 L 0 P 0 C7 c v 0 0 w F- 0 LU Q Z O LIJ U. 20 O � U. a LL � Z O Q LU tA I— th ui I— Z cn — D co U. Z W 2 Q a W n W Q V) W LLJ O o m Z) F-- Z — U V) �' Q Z Z Lu , W V LU U Q�� - .Q �J Q >- z �, LLJ �LLILL cl�J Uj Z W cn — Z O z CC JO,Z Co.. o a U s V Lip Z O v ' Z 0 O M LL LU ^ { 1. V = F- v N E 0 U cM N Ln c o CV) (U Ln ui D W O Cm G Q O 0 o t W � Z L O O .W v� u �a v 0 cl X > j W U-) 0 ' ' 13 11.C.a v ►0 0 0 0 u V C 0 0 -�5 O 7C)Z W O �- ry W a Z 0 Ali oLL 20 0 W _j a LL O in Q ~ W F— Z m LL Z W H Q a W W 0 Q W 0 F- P mLU � U Z LIO t, Z Q :. s '1 Z Z W. a W W V W = O QW� �-+ 't 0' J F— (n M U .W J a: o o < > ; Q di ►_� "'ZW� W W Z W � '. U ,* mot• J O, Q Z LL ; , Q � OsN-, �. Z ::) 0 O rv, 0 Ce a V � W 0 Z Z) W 2 F— IT N E U GO N Os L- 0 r4, CM Cu Ln _I •L U U j WQ (U Q - Ln �D. i Z O i LIJ Z v W cn 0 c Z� W _ 4-J O f U� c X W > N � 3 Q +j c aJ E U O t N 0 Cu4-1 a) Ln c U a� C c� i 0 (, C 0 c 0 -4- a; V) U L 0 N Ln H Packet Pg. 154 11.C.a COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 001263 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104. (239) 252.2477 VISIT OUR WEBSITE AT: www.colliertaxcollector.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2023 LOCATION: 3494 SHEARWATER ST ZONED: COMM/PUD BUSINESS PHONE: 435-7200 STATE OR COUNTY LIC #: CB CA57231 6�10A Corpof r DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS, DWI- ,41 ion `— QUALITY ENTERPRISES USA, INC 31-40 EMPLOYEES CLASSIFICATION: 05-BUILDING CONTRACTOR CLASSIFICATION CODE: 05104801.1.E6NIF This document is a business tax only. This is not certification that licensee is qualifed f' It does not permit the licensee to violate any existing regulatory zoning laws of the state, county; or'cities nor does it exempt the licensee from any other taxes or permits that may be required by law MURRELL, HOWARD J JR 3494 SHEARWATER ST NAPLES, FL 34117 -THIS TAX IS NON -REFUNDABLE - DATE 09/14/2022 AMOUNT 72.00 RECEIPT 502-23-00142201 ; �oe �o*ve," & L COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 013830 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252.2477 VISIT OUR WEBSITE AT: www.colliertaxcollector.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2023 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION, LOCATION: 3494 SHEARWATER ST kk ZONED: COMM/PUD FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. BUSINESS PHONE: 435-7200 ,'ILtGALFORM gA STATE OR COUNTY LIC #: CUC 057398 t Corporation �� - QUALITY ENTERPRISES USA, INC. A MURRELL, HOWARD J JR. 3494 SHEARWATER ST NAPLES, FL 34117 31-40 EMPLOYEES CLASSIFICATION: UNDERGROUND UTIL/EXCAVATI CLASSIFICATION CODE: 05102801 1 This document is a business tax only. This is not certification that licensee is qualifeii; It does not permit the licensee to violate any existing regulatory zoning laws of the.state, county or cities nor does it exempt the licensee from any other taxes or permits that may be required by law. -THIS TAX IS NON -REFUNDABLE - DATE 09/14/2022 AMOUNT 72.00 RECEIPT 502-23-00142201 9�0� �D9�.PiGzvliitiP/L Packet Pg. 155 11.C.a EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Pancho Gress Personnel Category Construction Superintendent Lou Gaudio Project Manager 10 Construction Services Agreement: [2022_ver.4] Packet Pg. 156 11.C.a EXHIBIT B-1: PUBLIC PAYMENT BOND Bond No. 9433413 Contract No. 23-8106 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. as Principal, and Fidelity and Deposit Company of Maryland as Surety, located at 1299 Zurich Way, Schaumburg, IL 60196 (Business Address) are held and firmly bound to Board of county Commissioners, collier County, Florida as Obligee in the SUM of Five Million, Two Hundred Fifty Eight Thousand, Nine Hundred Twenty and 701100 ($ 5,258,920.70 ) 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 Obligee for Solana Road Stormwater Improvements in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 19th day of July 20 23 , the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body. 11 Construction Services Agreement: [2022 ver.4 Packet Pg. 157 11.C.a Signed, sealed and delivered in the mewnce of: PRINCIPAL Quality Enterprises USA, Inc. BY: Witnesses f s to Principal Lina Upham NAME: Gaudio ITS: Vice President STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me by means of N physical presence or ❑ online notarization, this 19th day of July 2023 by Louis J. Gaudio as Vice President Of 0imli y Fnterprises USA, Inc. a __Virginia corporation, on behalf of the corporation. He/she is personally known to me OR has produced NIA - Known as identification and did (did not) take an oath. My Commission Expires: 2/11/26 •YP„'II', MARCIE L, COHEN *, DIY COMMISSION # HH 196669 EXPIRES: Februm 11, 2026 CiondedThruNotaryPublic UodeWlers (AFFIX OFFICIAL SEAL) ATTEST: (Signature of Notary Public) NAME: Marcie L Cohen (Legibly Printed) Notary Public, State of ((o441 Commission No.: 444 to 5&1 SURETY: Fidelity and Deposit Company of Maryland (Printed Name) 1299 Zurich Way Schaumburg, IL 60196 (Business Address (Authorized Signaturo) Witnesses to Surety (Printed Name) 12 Construction Services Agreement: 12022_ver.41 Packet Pg. 158 11.C.a Devon C. Heath Witnesses Mark C. Bundy STATE OF Virginia MNW"YOK City of Virginia Beach OR As Attorney ' Fa t (Attach Pow r of Attorney) Daniel J. Grygo (Printed Name) 1080 Laskin Road, Ste. 204 Virginia Beach, VA 23451 (Business Address) 757-491-1100 (Telephone Number) The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this 19th day of July 1 20 23, by Daniel J. Grygo as Attorney -in -Fact of Fidelity and Deposit Company of Maryland a Illinois corporation, on behalf of the corporation. He/she is personally known to me OR )b0fXXR)q6Wgd XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXx)cam *OW(did not) take an oath. My Commission Expires: 9/30/2023 (Signature of Notaf' Public) Name: Tammy A. Ward (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Virginia Commission No.: 259496 TAMMY A. WARD NOTARY PUBLIC REGISTRATION NUMBER 259496 COMMONWEALTH OF VIRGINIA 13 Construction Services Agreement: [2022_ver.41 Packet Pg. 159 11.C.a EXHIBIT B-2: PUBLIC PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: as Principal, as .1299 Zurich Way, Schaumburg, IL 60196 Bond No. 9433413 Contract No. 23-8106 That Quality Enterprises USA, Inc. and Fidelity and Deposit Company of Maryland Surety, located at (Business Address) are held and firmly bound to Board of County Commissioners, Collier County, Florida as Obligee in the sum of Five Million, Two Hundred Fifty Eight Thousand, Nine Hundred Twenty and 701100 ($ 5,2513,920.70 ) 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 Obligee for Solana Road Stormwater Improvements in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates'and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 19th day of July , 2023 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 14 Construction Services Agreement: [2022_ver.4] Packet Pg. 160 11.C.a Signed, Wekd and delivered in the p n e of: PRINCIPAL Quality Enterprises USA, Inc, Llss g whaim E3Y:_.L Wi nesses a to Principal Lina Upham NAME: --Louis J. Gaudio ITS: Vice President STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this 1,9.tkt- day of July _ ._ 20 23 , by as Vice President of Quality Enterprises USA Inc. a Virginia. corporation, on behalf of the corporation. He/she is personally known to me OR has produced NIA - Known as identification and did (did not) tape an oath. My Commission Expires: 2/11/26 MARCIE L. COHEN MY COMMISSION 1y HH 196569 EXPIRES: February 11, 2026 goaded ihru Notary Public Undenrriters (AFFIX OFFIDAt_ SEAL) - -- v (Signature of Notary Public) Name: Marcie L. Cohen (Legibly Printed) Notary Public, State of: F10(24'c(4- Commission No.: NK Iqfaj(yq 15 Construction Services Agreement- [2022_ver.41 Packet Pg. 1 1771 11.C.a ATTEST: Witnesses as to Surety Devon C. Heath Witnesses Mark C. Bundy STATE OF Virginia 8W City of Virginia Beach SURETY: Fidelity and Deposit Company of Maryland (Printed Name) 1299 Zurich Way Schaumburg, IL 60196 (Business Address) (Authorized Signature) (Printed Name) OR As Attorney yFact (Attach Power of Attorney) Daniel J. Grygo (Printed Name) 1080 Laskin Road, Ste. 204 Virginia Beach, VA 23451 (Business Address) 757--491-1100 (Telephone Number) The foregoing instrument was acknowledged before me by means of n physical presence or ❑ online notarization, this 19th day of July , 2023 by Daniel J. G as Attorney -in -Fact of Fidelity and Deposit Company of Maryland a Illinois corporation, on behalf of the corporation. He/she is personally known to me OR *ocp04,W xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxMK�,�6tf8K Xwdid not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) 9/30/2023 (Signature of Nota Public) Tammy A. Ward (Legibly Printed) TAMMYA. WARD NOTARY PUl3L.I0 REGISTRATION NUMBER 259496 COMMONWEALTH OF VIRGINIA Notary Public, State of: Virginia Commission No.: 259496 16 Construction Services Agreement: [2022_ver.41 Packet Pg. 1 2 I 11.C.a Bond Number: 9433413 Hoard of C'ounly Commi. sionea. Collier County, C)bh ,tee Florida ZURICH AMERICAN INSURANCE COr\IPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POIVER OF ATTORNEY KNOW ALL MEN BY TI MSE PRESENTS: "Chat the ZURICH AMERICAN INSURANCE COsNIPANY, a corporation of the Stale of Nei+ - York, the COLONIAI. AMI-MICAN CASUALTY AND SURETY COMPANY, a corporation of the Stale of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF NfARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel J. Grygo , its tnic and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as il'they bad been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers orlhe COLONIAE. AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland.. and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF NIARYLAND at its office in Owings Mills, Maryland., in their o�%n proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE CONIPANY, COLONIAL ANIERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I8th day of April, A.D. 2023. r By: Robert D. rbhearty Vice President By, Daw-ji E. Brown Secretary State of Maryland County of Baltimore \! ,I,IIIq r 5 Ullrfl"„q. a 1Rs aic�•o• `\,lgnlphrry �� 09 'rye Pp SEAL in= CA SEAL sj SEAL �� =f SEAL }v s�� gn �a�: 's ey+1••., is9,t „{tom ram., urn o� . ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF'MARYLAND On this 181h day of April, A.D. 2023, before the subscriber, a Notary Public of the State of Maryland, drily commissioned and qualified, Robert D. 31ur'ray, Vice President and Dawn K. Bruivii, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution or same, and being by me duly sworn, deposelh and saith, that he/she is the said officer of the Company aforesaid, and that the seals aQixcd to the preceding instrument arc the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said inslnunent by the authority and direction of the said Corporalions. IN'I' STHVIONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. { `yFgErH� •i t,OfAgp � �. ha aetbea Notary Public •� \fy COlnn1iA00„ ENpires September 30, 2023 Authenticity of this bond can be contirinted at bondvalidator.zurichna,corn or 410-559-8790 Packet Pg. 163 11.C.a EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -fact. The Chief Executive Officer, the President, or any Executive Vice ]'resident or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf or the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal (hereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURE I-Y COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Scction 8. of the By -Laws of the Companies is still in force. '['his Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICI I AMERICAN INSURANCE COMPANY at a meeting duly called and held on the I5th day of December 1998. RESOLVED: "That [lie signature of the President or a Vice President and the attesting signature ofa Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any [lower of Attorney ... Any such Power or anv certificate thereof hearing such facsimile signature and seal shall he valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of iNlay, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OI' MARYLAND at a meeting duly called and held on the 10th day of May, 1990, RESOLVED: ""That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY W [I:REOF, I have hereunto subscribed my name and affixed the corporate scats orthe said Companies, this 19th day of - July _ . 2023 ' r"3 O Aso'_ SEAL l c 's� SEAL!! SEAL�V nAq c By: diary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-I056 reports fc[ainis@zurichna.cont 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 Packet Pg. 164 11.C.a EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due U) c as E as 0 L Q E L d 3 E L0 U) 0 0 c� c 0 0 rn 17 Construction Services Agreement: [2022_ver.4] Packet Pg. 165 11.C.a Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contracl Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the as County with such renewal certificate(s) shall be considered justification for the County to terminate any and all i contracts. a E L d r.+ 3 E L O ,41 v/ NO O (n 18 Construction Services Agreement: [2022_ver.4] Packet Pg. 166 11.C.a EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: U) c (1) In accordance with the Contract Documents and in consideration of $ to be received, E ("Contractor") releases and waives for itself and it's subcontractors, material- m men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the o Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Q. Contractor and Owner, dated 20 for the period from to This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. 3 (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. R ° (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other W charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. 0 rn (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. le rn CONTRACTOR m N N C BY: ° m z Witness ITS: President 3 DATE: r Witness Fa [Corporate Seal] CYi STATE OF ca COUNTY OF L r c ° The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this V day of 20 by as o of , a corporation, w on behalf of the corporation. He/she is personally known to me OR has produced A as identification and did (did not) take an oath. _ My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: 19 Construction Services Agreement: [2022_ver.4] Packet Pg. 167 11.C.a EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners the OWNER or Collier County Water -Sewer Owner's Project Manager's Name: Bid No. Project No. Count 's Division Name Purchase Order No. Submitted by Contractor Representative: Name Application Date: Contractor's Name & Address: Payment Application No. Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & Stored to Date: $ Retainage @5% through Insert Datel $ Retainage @ 5% through [Insert date $ Retainage @ % after Insert date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment(s Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Completed to Date: % Liquidated Damages to Be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: c m E m 0 L Q E L m 3 E `0 41 0 c� c 0 0 rn rn 20 Construction Services Agreement: [2022_ver.4] Packet Pg. 168 11.C.a EXHIBIT D (Continued) SCHEDULE OF VALUES Project Name: Project Number: Date: Period To: ITEM NUMBER DESCRIPTION SCHEDULED VALUE WORK COMPLETED STORED MATERIALS TOTAL COMPLETED & STORED TO DATE PERCENT COMPLETE BALANCE TO FlNISH 5% RETAINAGE _% RETAINAGE (reduced rate) TOTAL RETTAINAGE WITHHB.D PREVIOUS APPLICATIONS THIS PERIOD THRU DATE SINCE DATE TOTALS * Exp anatiol n forthe two columns under Previous Applications: The Thru Date is where you will place all information until the contract is complete unless a release or reductio-- retainage issue comes into play. If this happens, all information up to the date of the %change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column. This states what has happened since the change in retainage. N r C N E d O L c� E L d 3 E L O NO L7� R 0 fn r N 21 Construction Services Agreement: [2022_ver.4] Packet Pg. 169 11.C.a Exhibit D (Continued) Stored Materials Record Formula: A+B-C-D=E A B C D E Date Description Supplier Invoice Number Previously Received Received This Period Previously Installed Installed This Period Balanc To Instal c m E m 0 L Q E L d 3 E L 0 ,41 v/ N0 I.L ,0 v/ r N 22 Construction Services Agreement: [2022_ver.4] Packet Pg. 170 11.C.a EXHIBIT E: CHANGE ORDER Any county Procurement Services Change Order Form ❑ Contract Modification ❑ Work Order Modification Contract #: Change #:= Purchase Order #: Project #: Contractor/Firm Name: F Contract/Project: Project Manager Name: Division Name: 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 I $ 0.00 #DIV/01 Change from Current BCC Approved Amount Cumulative Chances $ 0.00 #DIV/0! Chance from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date E Date Completion Date Date (Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. 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) Accepted by: (Design Professional and Name of Firm, if project applicable) Approved by: (Division Director or Designee) Approved by: Date: Date: (Procurement Professional) Revised- 11U14M21 (Df visions who may requre additional signatures may include on separate sheet.) PnacurErEnr useonLr - - - -F#C: eocea 23 Construction Services Agreement: [2022_ver.4] Packet Pg. 171 11.C.a Change Order/Amendment Summary CO# AMD# Description COST TIME Justification Additive Deductive Days Added New Amount + H Reuised= 01)14FM1 {Divisions who may require additional signatures may include on separate sheet.) Pwxu ElEwr USE ONLY Admin acc 60C E3 r Q 24 Construction Services Agreement: [2022_ver.4] Packet Pg. 172 11.C.a OWNER'S Project No. PROJECT: CONTRACTOR: Contract For Contract Date EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: c m E m 0 L Q E L m r 0 3 E L 0 ,41 v/ N0 ,0 (n r N 25 Construction Services Agreement: [2022_ver.4] Packet Pg. 173 11.C.a OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 By: Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 120 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20 OWNER By: Type Name and Title 26 Construction Services Agreement: [2022_ver.4] Packet Pg. 174 11.C.a EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Contractor: The following items have been secured by the for the Project known as PO No.: Date: and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation Acknowledgments: By Contractor: (Company Name) By Design Professional: By Owner: (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 27 Construction Services Agreement: [2022_ver.4] Packet Pg. 175 11.C.a EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2s Construction Services Agreement: [2022_ver.4] Packet Pg. 176 11.C.a 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 29 Construction Services Agreement: [2022_ver.4] Packet Pg. 177 11.C.a limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re -submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 30 Construction Services Agreement: [2022_ver.4] Packet Pg. 178 11.C.a stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 31 Construction Services Agreement: [2022_ver.4] Packet Pg. 179 11.C.a 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 5.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except 32 Construction Services Agreement: [2022_ver.4] Packet Pg. 180 11.C.a those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 33 Construction Services Agreement: [2022_ver.4] Packet Pg. 181 11.C.a 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel; 8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes 34 Construction Services Agreement: [2022_ver.4] Packet Pg. 182 11.C.a made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordReg uest(c_colIiercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public 35 Construction Services Agreement: [2022_ver.4] Packet Pg. 183 11.C.a agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 36 Construction Services Agreement: [2022_ver.4] Packet Pg. 184 11.C.a 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of 37 Construction Services Agreement: [2022_ver.4] Packet Pg. 185 11.C.a the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by 38 Construction Services Agreement: [2022_ver.4] Packet Pg. 186 11.C.a any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Contractors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. 39 Construction Services Agreement: [2022_ver.4] Packet Pg. 187 11.C.a If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's / Contractor's proposal may be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 40 Construction Services Agreement: [2022_ver.4] Packet Pg. 188 11.C.a 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore 41 Construction Services Agreement: [2022_ver.4] Packet Pg. 189 11.C.a or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does 42 Construction Services Agreement: [2022_ver.4] Packet Pg. 190 11.C.a not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's 43 Construction Services Agreement: [2022_ver.4] Packet Pg. 191 11.C.a expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, 44 Construction Services Agreement: [2022_ver.4] Packet Pg. 192 11.C.a Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs 45 Construction Services Agreement: [2022_ver.4] Packet Pg. 193 11.C.a of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional 46 Construction Services Agreement: [2022_ver.4] Packet Pg. 194 11.C.a shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. 47 Construction Services Agreement: [2022_ver.4] Packet Pg. 195 11.C.a Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 48 Construction Services Agreement: [2022_ver.4] Packet Pg. 196 11.C.a 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 49 Construction Services Agreement: [2022_ver.4] Packet Pg. 197 11.C.a 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. 50 Construction Services Agreement: [2022_ver.4] Packet Pg. 198 11.C.a The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract 51 Construction Services Agreement: [2022_ver.4] Packet Pg. 199 11.C.a price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 52 Construction Services Agreement: [2022_ver.4] Packet Pg. 200 11.C.a 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(a)colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 53 Construction Services Agreement: [2022_ver.4] Packet Pg. 201 11.C.a 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 54 Construction Services Agreement: [2022_ver.4] Packet Pg. 202 11.C.a EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ❑ Attached hereto, following this page Exhibit I.A Exhibit 1.13 ❑ Not Applicable 55 Construction Services Agreement: [2022_ver.4] Packet Pg. 203 11.C.a EXHIBIT LA SUPPLEMENTAL TERMS AND CONDITIONS The parties (Collier County and Contractor) agree to amend the Agreement within no later than ninety (90) days of the effective date to comply with legislative changes to Fla Stat., §218.735, Timely payment for purchases of construction services, Fla. Stat., § 255.074, Procedures for calculation of payment due dates, Fla. Stat., §255.077, Project closeout and payment of retainage, and Fla. Stat., §255.078, Public construction retainage, (with an effective date of July 1, 2023). Page 1 of 1 Packet Pg. 204 11.C.a Exhibit LB Supplemental Contract Documents for Solana Road Stormwater Improvements Project Specifications For: Collier County Growth Management Department Capital Project Planning, Impact Fees & Program Management Division Stormwater Management Section 2685 South Horseshoe Drive Naples, FL 34104 Engineer: Agnoli, Barber & Brundage, Inc. 7400 Trail Boulevard, Suite 200 Naples, FL 34108 NONE 0 0 0 GNOLI :::::B ARBER & ::::;:rm RUNDAGE, June 2023 ABB PN #20-0091 i INC. Ce 7eY County Packet Pg. 205 11.C.a THIS PAGE INTENTIONALLY LEFT BLANK c aD E (D 0 L Q E L E L 0 r N0 0 U) 3 r Q Packet Pg. 206 11.C.a SUPPLEMENTAL TECHNICAL SPECIFICATIONS DIVISIONS 01 THROUGH 33 FOR THE COLLIER COUNTY, FLORIDA SOLANA ROAD STORMWATER IMPROVEMENTS June 2023 The following Supplemental Technical Specifications for the Collier Solana Road Stormwater Improvements project dated June 2023 were prepared under my direction and supervision. SECTION 01 ENScc1:9� No. 60284 -o STATE OF0 AL THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY EDWARD F. TRYKA III, P.E. ON THE DATE ADJACENT TO THE SEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. Edward F. Tryka III, P.E. Florida Professional Engineer No. 60284 Agnoli, Barber & Brundage, Inc. 7400 Trail Boulevard, Suite 200 Naples, FL 34108 (239) 597-3111 Certificate of Authorization No. CA3664 June 20, 2023 Date Packet Pg. 207 11.C.a TABLE OF CONTENTS DIVISION 1—GENERAL REQUIREMENTS 01010 Project Summary, Special Conditions & Schedule 01026 Measurement & Payment DIVISION 2 — SITEWORK* 02622 Polyvinyl Chloride (PVC) Pipe & Fittings 02630 Ductile Iron Pipe (DIP) & Fittings 02645 Fire Hydrants 02650 Laying & Jointing Buried Pipelines 02675 Disinfection 02676 Pressure & Leakage Tests DIVISION 15 —MECHANICAL* 15100 Water Valves & Appurtenances 15110 Wastewater Valves & Appurtenances *Per City of Naples Utilities Specifications & Standards Manual COLLIER COUNTY TABLE OF CONTENTS SUPPLEMENTAL TECHNICAL SPECIFICATIONS P Packet Pg. 208 11.C.a SECTION 01010 PROJECT SUMMARY, SPECIAL CONDITIONS AND SCHEDULE PART1 GENERAL 1.1 PROJECT DESCRIPTION A. The site is located in Collier County along Solana Road between Goodlette-Frank Road and the Gordon River. B. The project consists of modifying the stormwater infrastructure that provides conveyance from Goodlette-Frank Road (C.R. 851) to Gordon River which is part of the Collier County Gordon River Improvements Master Plan. C. The project includes replacing and upsizing existing drainage conveyances, installing and replacing inlet, outlet, and junction box structures, and improvements to two (2) open conveyance ditches. 1.2 SPECIAL CONDITIONS A. The governing specifications for the construction of this work are listed on the plan cover sheet and include, but are not limited to, the FDOT Standard Specifications for Road and Bridge Construction dated January 2023, City of Naples Utilities Specifications & Standards Manual, Collier County Right -of -Way Ordinances, and the Collier County Construction Standards Handbook for Work Within the Public Right -of -Way. B. OWNER will provide the following permits: SFWMD (ERP), US Army Corps of Engineers Permit and City of Naples (Sitework Permit). Any needed dewatering permit to be obtained by CONTRACTOR. C. Portions of the work may require dewatering. CONTRACTOR is required to apply to SFWMD for a no -notice dewatering permit if dewatering is needed. D. CONTRACTOR is required to maintain red line record drawings which detail all construction updated on a daily basis. This information will be provided to ENGINEER upon completion. This will be required in addition to the final as -built record survey which will be provided to OWNER at the completion of this work. E. At all times, CONTRACTOR shall remain aware that work on this project is occurring within an existing and functioning drainage corridor and that the onslaught of storm events shall necessitate the full use of the drainage ditch to allow conveyance of stormwater through the ditch into the Gordon River. Upon arrival of a major storm event, or a forecast of same, OWNER (Collier County) shall, at its sole discretion, request that CONTRACTOR clear the ditch channel cross-section of any and all obstructing jobsite construction items, including any materials, temporary formwork, scaffolding, to restore the existing drainage conveyance capacity of the ditch. Within 24 hours of such notification, OWNER COLLIER COUNTY SUPPLEMENTAL TECHNICAL SPECIFICATIONS SECTION 01010 PROJECT SUMMARY, SPECIAL CONDITIONS AND SCHEDULE Pa Packet Pg. 209 11.C.a shall expect the CONTRACTOR to complete all necessary tasks and to fully comply with this directive. In the alternative, if the construction is at a particular phase which renders such a task difficult, or if other circumstances exist which prevent this course action, and these reasons have been previously communicated to OWNER and agreed to by OWNER, the CONTRACTOR may utilize bypass pumps or other alternate temporary methods to transfer stormwater to the downstream and maintain the effectiveness of that drainage link. Stand-by temporary pumps or other methods used for this purpose shall be capable of transferring at a minimum rate of 150 cubic feet per second. F. A geotechnical investigation may have been prepared by the COUNTY and ENGINEER in preparing the Contract Documents. The geotechnical investigation report may be examined for whatever value it may be considered to be worth. However, this information is not guaranteed as to its accuracy or completeness. The geotechnical investigation report is not part of the Contract Documents. The CONTRCATOR is to make any geotechnical investigations deemed necessary to determine actual site conditions. 1.3 SCHEDULE A. Please refer to the contract front-end documents for contract timeframe. END OF SECTION COLLIER COUNTY SUPPLEMENTAL TECHNICAL SPECIFICATIONS SECTION 01010 PROJECT SUMMARY, SPECIAL CONDITIONS AND SCHEDULE Pa Packet Pg. 210 11.C.a SECTION 01026 MEASUREMENT AND PAYMENT Applies to Collier County Public Utilities Projects or Works and Utilities Portions of Collier County Transportation Projects, but not to Private Developments PART 1 GENERAL 1.1 SECTION INCLUDES A. Explanation and Definitions B. Requirement C. Measurement D. Savings Proposals E. Allowances F. Payment G. Schedule of Values 1.2 EXPLANATION AND DEFINITIONS A. The following explanation of the Measurement and Payment for the Bid Schedule items is made for information and guidance. The omission of reference to any item in this description shall not, however, alter the intent of the Bid Schedule or relieve the CONTRACTOR of the necessity of furnishing such as a part of the Contract. Measurement and payment for all the Contract items shall be made in accordance with this section or as modified by the Supplemental Terms and Conditions. 1.3 REQUIREMENT A. The CONTRACTOR shall receive and accept the compensation as provided in the Bid Form as full payment for furnishing all materials, labor, tools, equipment, and for performing all operations necessary to complete the WORK. B. The prices stated in the Bid Form include all costs and expenses for taxes, labor, equipment, materials, traffic control and maintenance, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the WORK as shown on the Drawings and specified SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Pag Packet Pg. 211 11.C.a herein. The Basis for Payment for an item at the unit price shown shall be in accordance with the description of the item in this Section. C. The Unit Prices for the various items of WORK are intended to establish a total price for completing the WORK in its entirety. Should the CONTRACTOR feel that the costs for any items of WORK has not been established by the Bid Form and this Section, he shall include the costs for that WORK in a related WORK item or in some other applicable bid item, so that his proposal for the project reflects his total price for completing the WORK in its entirety. 1.4 MEASUREMENT A. The quantities set forth in the Bid Schedule are approximate and are given to establish a uniform basis for the comparison of bids. The COUNTY reserves the right to increase or decrease the quantity of any class or portion of the work during the progress of construction in accordance with the terms of the Contract. B. The quantities for payment under this Contract Agreement shall be determined by actual measurement of the completed items, in place, ready for service and accepted by the COUNTY, in accordance with the applicable method of measurement. A representative of the CONTRACTOR shall witness all field measurements. As built drawings shall reflect all changes so that field measurements will match the scaled plan drawings. 1.5 SAVINGS PROPOSALS A. The CONTRACTOR may make proposals to change the WORK, which result in savings in the cost to perform the WORK. When such proposals are made, they will be referred to the COUNTY for evaluation. If it is determined by the COUNTY that the proposal provides the same level of service and if the COUNTY accepts the change, the CONTRACTOR shall provide an estimate of the savings resulting from the proposed change. The COUNTY and the CONTRACTOR shall share equally in the savings after all costs for evaluation and review by the COUNTY have been deducted. A change order documenting the changes will be issued by the COUNTY to incorporate the changes including the savings through revised Unit Prices. 1.6 ALLOWANCES A. Allowances that may be included on the Bid Form will be performed in accordance with the General Conditions and will be paid for on the basis of the pre -approved Cost of the Work. B. Payment for items requiring excavation will be made at the Bid Form unit price for the size and type installed, which payment shall be full compensation for all excavation, including removal and proper disposal of rock, inorganic and organic unsuitable fill materials. Include the cost of removal and proper disposal of these materials in the item for which they are most closely associated. SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Pag Packet Pg. 212 11.C.a 1.7 PAYMENT A. Make payment for the items listed on the Bid Schedule on the basis of the work actually performed and completed; such work including, but not limited to, the furnishing of all necessary labor, materials, equipment, transportation, clean up, restoration of disturbed areas, and all other appurtenances to complete the construction. B. Unit prices are used as a means of computing the final figures for bid and Contract purposes, for periodic payments for work performed, for determining value of additions or deletions and wherever else reasonable. 1.8 SCHEDULE OF VALUES A. Approval of Schedule: Submit for approval a preliminary schedule of values, in duplicate, for all of the Work. Prepare preliminary schedule in accordance with the Supplemental Terms and Conditions. Submit preliminary schedule of values within ten (10) calendar days after the Effective Date of the Agreement. Submit final schedule of values in accordance with the Supplemental Terms and Conditions. B. Format: Utilize a format similar to the Table of Contents of the Project Specifications. Identify each line item with number and title of the major specification items. Identify site mobilization, bonds and insurance. Include within each line item a direct proportional amount of CONTRACTOR'S overhead profit. C. Revisions: With each Application for Payment, revise schedule to list approved Change Orders. PART 2 PRODUCTS Not used PART 3 MEASUREMENT AND PAYMENT 3.1 DEFINITION A. Make payment on the basis of work actually performed completing each item in the Bid; such work including, but not limited to, the furnishing of all necessary labor, materials, equipment, transportation, cleanup, and all other appurtenances to complete the construction and installation of the work to the configuration and extent as shown on the drawings and described in the specifications. Payment for each item includes compensation for cleanup and restorations. SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Pag Packet Pg. 213 11.C.a 3.1 GENERAL REQUIREMENTS EARTHWORK & SITEWORK A. (Item 1) Project Sign: Payment for providing the project signs will be made at the Contract unit price, based on number of signs installed in accordance with the Collier County specifications. B. (Item 2)Survey Layout, As -Built Survey & Maintain Record Drawings: Payment for providing all survey and as -built drawings will be made at the Contract lump sum price in accordance with Collier County specifications. A digital AutoCAD file of the as -built survey shall be provided to the Engineer of Record. C. (Item 3) Erosion and Sediment Control: Payment will be made at the Contract lump sum price for full compensation for all erosion and sedimentation control per Collier County and FDOT Section 104 and as specified herein. The Contract price assumes that the erosion control measures will be maintained throughout the life of the project. This includes silt fencing, inlet protection, turbidity barrier, etc. around the entire disturbed area as appropriate. D. (Item 4) Pre & Post Construction Video: Payment will be made at the Contract unit price for each. No more than 50% of the contract unit price will be paid for the Pre - Video and the remaining 50% will be paid upon completion of the work and subsequent videos. E. (Item 5) General Restoration: Measurement for various items covered under General Restoration will not be made for payment, and all items shall be included in the Contract lump sum price. Payment for general restoration will be made at the appropriate Contract Unit price per lump sum, and will be prorated based on percent complete. This item includes all labor and materials required for complete ROW to ROW restoration including clearing and grubbing, clean-up, grading (outside of swales), replacement of grass, sod, landscaping, and other surface materials not specifically designated in the Bid. This line item shall include all sodding required for ROW to ROW restoration including swales. Sod type shall be determined by the type of sod that constitutes 50% or more of the property to be restored. Please note that the Contractor is responsible for the upkeep and maintenance of all sod and landscaping during construction, including maintaining existing public and private irrigation systems in service. New sod and landscaping which is damaged or destroyed during construction shall be replaced at no additional cost to Collier County. All landscaping damaged or removed as part of the Contractor's operations must be replaced unless directed otherwise in writing by Collier County. Additionally, the Contractor must repair and replace all private and public irrigation facilities that are damaged or destroyed during construction. Any and all costs incurred by private parties from damaged irrigation lines shall be paid for by the Contractor. The security of the adjacent developed areas (golf maintenance areas) is of utmost importance, it has been assumed that the security fencing around each area will not need to be disturbed. If for some SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Page Packet Pg. 214 11.C.a unforeseen reason this fencing is disturbed, it is the contractor's responsibility to secure the properties in as good or better condition as exists to the satisfaction of the private property owners. Additional payment will not be made for any accommodation and should be accounted for in the restoration pay item. F. (Item 6) Clearing and Grubbing: Payment for clearing and grubbing will be made at the lump sum Contract unit price for full compensation for all clearing and grubbing activities per FDOT Section 110. The CONTRACTOR shall consider plan grades and field conditions when preparing its bid cost for this item. Work for this item should also include the removal of any debris from the site as well as the removal of all necessary irrigation lines and cutting and capping all remaining pipes at the work area edge. Payment will be made under FDOT Pay Item 110-1. (Note there are specific pay items that pertain or include the removal of concrete pipe, drainage structures and water mains). G. (Item 7) Riprap, Rubble, F&I, Ditch Lining_ Payment for this item will be made at the Contract unit price, in tons per FDOT Item 530-3. H. (Item 8) Regular Excavation — North Ditch Re -Grading: Payment for the re -grading of the North Ditch will be made out to the contract unit price, based on cubic yards of excavation per FDOT Item 120-1. Work for this item will include all the necessary earth excavation, fill placement, compaction, and grading of ditch bottom to achieve the design cross sections shown on the plans. Although the ENGINEER has provided a preliminary quantity estimate as a basis for this work, the CONTRACTOR shall bear the sole responsibility for all associated quantities and final bid cost for this item. (Item 9) Regular Excavation — South Ditch Re -Grading: Payment for the re -grading of the South Ditch will be made out to the Contract unit price, based on cubic yards of excavation per FDOT Item 120-1. Work for this item will include all the necessary earth excavation, fill placement, compaction, and grading of ditch bottom to achieve the design cross sections shown on the plans. Although the ENGINEER has provided a preliminary quantity estimate as a basis for this work, the CONTRACTOR shall bear the sole responsibility for all associated quantities and final bid cost for this item. (Item 10) Embankment — North Ditch: Payment for the North Ditch Embankment will be made at the Contract unit price, based on cubic yards of embankment per FDOT Item 120-6. Work for this item will include all the necessary fill placement, compaction, and grading of side slopes to achieve the design cross sections shown on the plans. Although the ENGINEER has provided a preliminary quantity estimate as a basis for this work, the CONTRACTOR shall bear the sole responsibility for all associated quantities and final bid cost for this item. K. (Item 11) Embankment — South Ditch: Payment for the South Ditch Embankment will be made at the Contract unit price, based on cubic yards of embankment per SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Pag Packet Pg. 215 11.C.a FDOT Item 120-6 Work for this item will include all the necessary fill placement, compaction, and grading of side slopes to achieve the design cross sections shown on the plans. Although the ENGINEER has provided a preliminary quantity estimate as a basis for this work, the CONTRACTOR shall bear the sole responsibility for all associated quantities and final bid cost for this item. L. (Item 12) Bahia Sod - Installed: Payment shall be made at the Contract unit price, based on square yards of installed bahia sod per FDOT Item 570-1. This work shall include the final preparatory surface grading and placement of sod on ditch side slopes. CONTRACTOR may adjust the extent of sod side slope treatment based on field conditions, or to address localized side slope stability issues. Pay for this item can be prorated based on actual area coverage of installed sod. M. (Item 13) Armoring — Gabion Baskets f9 ga., rock -filled, fabric overlay): Payment shall be made at the Contract unit price, based on cubic yards of installed Gabion Baskets. This work shall include the installation of geo-fabric underlayment and placement of gabions on ditch side slopes per design plans. CONTRACTOR may adjust the extent of gabions side slope treatment based on field conditions, or to address localized side slope stability issues. Pay for this item can be prorated based on actual volume of installed gabion treatment. N. (Item 14) Bollards: Payment for this item will be made at the Contract unit price, based on the number of bollards, acceptably installed. O. (Item 15) Mast Arm (including all work indicated on Sheet 9 of 15): Payment for Mast Arm will be made at the Contract lump sum price. Mast Arm will include all labor, equipment, and materials for bracing the existing mast arm or removing and replacing with a temporary signal pole and re -installing the mast arm. All CONTRACTOR invoices submitted for payment under Mast Arm shall include itemized details to substantiate the requested costs. P. (Item 16) Mobilization: Payment for mobilization and demobilization will be made at the Contract lump sum price, with 60% payment upon mobilization and 40% upon demobilization. Mobilization will include all preparatory work including signage and operations in mobilizing for the commencement of work on the project. This task also includes all necessary meetings for the project, including but not limited to: all meetings deemed necessary by the OWNER (Collier County), and all other public meetings required to complete the project in accordance with the contract documents. Demobilization includes all construction work and operations required for ending work on the project. All CONTRACTOR invoices submitted for payment under Mobilization and Demobilization shall include itemized details to substantiate the requested costs. Q. (Item 17) Maintenance of Traffic: Payment for maintenance of traffic in accordance with the COUNTY Maintenance of Traffic Policy will be made for at the Contract lump sum price per FDOT Item 102-1. SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Pag Packet Pg. 216 11.C.a PAVING & GRADING A. (Item 1) Road Repair — Solana Road: Payment for this item shall be made at the Contract unit price, based on linear feet of road repair. Roads shall be restored to as is or better condition prior to excavation. B. (Item 2) Road Repair — Royal Poinciana Drive: Payment for this item shall be made at the Contract unit price, based on linear feet of road repair. Roads shall be restored to as is or better condition prior to excavation. DRAINAGE ITEMS A. (Item 1) 18" RCP: Payment for the installation of the eighteen (18) inch diameter RCP (Class III) pipe will be made at the Contract unit price, based on pipe length, and measured in linear feet per FDOT Item 430-175-118. Pay for this item can be prorated based on the actual length of RCP installed. B. (Item 2) 24" RCP: Payment for the installation of the twenty-four (24) inch diameter RCP (Class III) pipe will be made at the Contract unit price, based on pipe length, and measured in linear feet per FDOT Item 430-175-124. Pay for this item can be prorated based on the actual length of RCP installed. C. (Item 3) 30" RCP: Payment for the installation of the thirty (30) inch diameter RCP (Class III) pipe will be made at the Contract unit price, based on pipe length, and measured in linear feet per FDOT Item 430-175-130. Pay for this item can be prorated based on the actual length of RCP installed. D. (Item 4) 36" RCP: Payment for the installation of the thirty-six (36) inch diameter RCP (Class III) pipe will be made at the Contract unit price, based on pipe length, and measured in linear feet per FDOT Item 430-175-136. Pay for this item can be prorated based on the actual length of RCP installed. E. (Item 5) 48" RCP: Payment for the installation of the forty-eight (48) inch diameter RCP (Class III) pipe will be made at the Contract unit price, based on pipe length, and measured in linear feet per FDOT Item 430-175-148. Pay for this item can be prorated based on the actual length of RCP installed. F. (Item 6) 54" RCP: Payment for the installation of the fifty-four (54) inch diameter RCP (Class III) pipe will be made at the Contract unit price, based on pipe length, and measured in linear feet per FDOT Item 430-175-154. Pay for this item can be prorated based on the actual length of RCP installed. G. (Item 7) Drainage Pipe 36in Inline Check Valve (WS885-S) Payment for this item will be made at the Contract unit price, based on the number of 36in Inline Check Valves, acceptably installed. SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Pag Packet Pg. 217 11.C.a H. (Item 8) Drainage Pipe 18in Inline Check Valve (WS440-5): Payment for this item will be made at the Contract unit price, based on the number of 18in Inline Check Valves, acceptably installed. I. (Item 9) Removal of 18" RCP and (1) Mitered End: Payment for the removal of the eighteen (18) inch diameter RCP pipe will be made at the Contract unit price, based on pipe length, and measured in linear feet. This line item includes the removal of (1) mitered end. Pay for this item can be prorated based on the actual length of RCP removed. J. (Item 10) Removal of 36" RCP and (11) Mitered End: Payment for the removal of the thirty-six (36) inch diameter RCP pipe will be made at the Contract unit price, based on pipe length, and measured in linear feet. This line item includes the removal of (1) mitered end. Pay for this item can be prorated based on the actual length of RCP removed. K. (Item 11) Removal of 48" RCP: Payment for the removal of the forty-eight (48) inch diameter RCP pipe will be made at the Contract unit price, based on pipe length, and measured in linear feet. Pay for this item can be prorated based on the actual length of RCP removed. L. (Item 12) 11' x 4' CBC: Payment for this item will be made at the Contract unit price, based on culvert length, and measured in linear feet in accordance with FDOT Specification Section 410. Pay for this item can be prorated based on the actual length of culvert acceptably installed. M. (Item 13) FDOT Type C Inlet: Payment for this item will be made at the Contract unit price, based on the number of Type "C" inlets per FDOT Item 425-1-521, acceptably installed. N. (Item 14) Install Straight End Wall: Payment for this item will be made at the Contract unit price, based on the number of End Walls, acceptably installed. This item shall cover the discharge outlet of the proposed 8' x 4' concrete box culvert. O. (Item 15) Maintenance Access Manhole: Payment for this item will be made at the Contract unit price, based on the number of manholes, acceptably installed. P. (Item 16) Remove Existing Junction Box: Payment for this item will be made at the Contract unit price, based on the number of existing junction boxes removed. Q. (Item 17) Install 8' x 4' CBC: Payment for this item will be made at the Contract unit price, based on culvert length, and measured in linear feet in accordance with FDOT Specification Section 410. Pay for this item can be prorated based on the actual length of culvert acceptably installed. SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Page Packet Pg. 218 11.C.a R. (Item 18)ype "H" Inlet: Payment for this item will be made at the Contract unit price, based on the number of Type "H" inlets per FDOT Item 425-1-531, acceptably installed. S. (Item 19) Mitered End Section, 18": Payment shall be made at the Contract unit price, based on number of mitered ends, acceptably installed. This item shall cover the discharge outlet of the proposed eighteen (18) inch diameter RCP discharge pipe. The mitered end shall be made of concrete, cast in place with finished surfaces sloped to match intersecting lake slopes. T. (Item 20) Mitered End Section, 30": Payment shall be made at the Contract unit price, based on number of mitered ends, acceptably installed. This item shall cover the discharge outlet of the proposed thirty (30) inch diameter RCP discharge pipe. The mitered end shall be made of concrete, cast in place with finished surfaces sloped to match intersecting lake slopes. U. (Item 21) Mitered End Section, 36": Payment shall be made at the Contract unit price, based on number of mitered ends, acceptably installed. This item shall cover the discharge outlet of the proposed thirty-six (36) inch diameter RCP discharge pipe. The mitered end shall be made of concrete, cast in place with finished surfaces sloped to match intersecting lake slopes. V. (Item 22) Install new cast -in -place Junction Box - Conc. Class IV, 6 x 16 IDS: Payment for this item will be made at the Contract unit price, based on volume, measured in cubic yards. W. (Item 23) Install new cast -in -place Junction Box - Conc. Class IV, 12 x 16 IDS: Payment for this item will be made at the Contract unit price, based on volume, measured in cubic yards. X. (Item 24) Conc. Class IV, Transition Sections (2): Payment for this item will be made at the Contract unit price, based on volume, measured in cubic yards. Y. (Item 25) Conc. Class IV, End Walls: Payment for this item will be made at the Contract unit price, based on volume, measured in cubic yards. Z. (Item 26) Reinforcing For Concrete — 6 x 16 IDS: Payment for this item will be made at the Contract unit price, based on weight, and measured in pounds in accordance with FDOT Specification Section 415. AA. (Item 27) Reinforcing For Concrete — 12 x 16 IDS: Payment for this item will be made at the Contract unit price, based on weight, and measured in pounds in accordance with FDOT Specification Section 415. BB. (Item 28) Reinforcing For Concrete — Transition Section: Payment for this item will be made at the Contract unit price, based on weight, and measured in pounds in accordance with FDOT Specification Section 415. SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Page Packet Pg. 219 11.C.a CC. (Item 29) Reinforcing For Concrete — End Walls: Payment for this item will be made at the Contract unit price, based on weight, and measured in pounds in accordance with FDOT Specification Section 415. DD. (Item 30) Install In -line Inlet Grate: Payment for this item will be made at the Contract unit price per each, based on the actual number of In -line Inlet Grates, acceptably installed. POTABLE WATER, WASTEWATER & FIRE A. (Item 1) Remove & Install 16" C900 DR14 PVC FM: Payment for the removal and installation of the DR 14 PVC pipe will be made at the contract unit price, based on pipe length, and measured in linear feet. Pay for this item can be prorated based on the actual length of DR 14 PVC removed and installed. B. (Item 2) Remove & Install 8" C900 DR14 PVC WM: Payment for the removal and installation of the DR 14 PVC pipe will be made at the contract unit price, based on pipe length, and measured in linear feet. Pay for this item can be prorated based on the actual length of DR 14 PVC removed and installed. C. (Item 3) 6" Water Main Assembly Payment for installing above ground water assembly will be made at the Contract unit price for each water assembly acceptably installed. This item includes all labor, equipment and materials for installing all necessary pipe, fittings, connections, gate valves, air release valves, pipe supports, and any other materials not specifically designated in the Bid, cleanup, testing and all other work for a complete installation. D. (Item 4) Relocate/Replace Hydrant Assembly Payment for the relocation or replacement of the fire hydrant assembly will be made at the Contract unit price, for each fire hydrant assembly acceptably installed. This item includes the tee installed on the utility main, all necessary fittings, joint restraint from the valve to the tee, necessary piping from the tee to the hydrant location with the installation of barrel section to meet finished grade, control gate valve, valve box and any concrete work. Be responsible to set the hydrant to grade in accordance with the detail shown on the plans. E. (Item 5) Potable Water, Wastewater, & Fire: Replace & Deflect 16" WM: Payment for replacing and deflecting 16-inch water main will be made at the Contract unit price for each water main acceptably installed. This item includes all labor, equipment, and materials for installing all necessary pipe, fittings, connections, gate valves, air release valves, pipe supports, and any other materials not specifically designated in the Bid, cleanup, testing and all other work for a complete installation. SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Page Packet Pg. 220 11.C.a END OF SECTION SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Page Packet Pg. 221 11.C.b A ! -•0�� f-\lam_ CERTIFICATE OF LIABILITY INSURANCE ATE (MMMD!YYYY) r6/28/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not Confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER A Marsh & McLennan Agency LLC 222 Central Park Avenue, Suite 1340 Virginia Beach VA 23462 CONTACT NAME: Marsh & McLennan Agency LLC PHpNE EAx C 757 456-0577 we No AD RIESS, certificates MarshMMA,Com INSURERS AFFORDING COVERAGE NAIC A INSURER A: Zurich American Insurance Company 16535 INSURED Quality Enterprises USA, Inc. & Quality Environment Co Inc. INSURER B :Evanston Insurance Company 35378 iNsunER c: Phoenix Insurance Company 25623 INSURER D : Travelers Prop & Casualty Co of America 25674 3494 Shearwater Street Naples FL 34117 INSURER E: Travelers Indemnity Co of America 25666 INSURER F : Ascot Insurance Company 23752 COVERAGES CERTIFICATE NUMBER: 871511624 REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER POLICY EFF MM/DDIYYYY POLICY EXP MMIDDfYYYY LIMITS C X COMMERCNALGENERAL LIABILITY Y DTC07N91352APHX23 71112D23 711/2024 EACH OCCURRENCE $1.000,000 CLAIhIS-MADE � OCCUR DAMAGET RENTED PREMISES (Ea occurrence $ 300,000 hIED EXP (Any one person) S 10,000 PERSONAL &ADV INJURY _ S1,000,0oo GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000,000 POLICY � PRa LOG PRODUCTS-COAIPIOP AGG S 2,000,000 S OTHER: E AUTOMOBILE LIABILITY 8107NG721902326G 7/1/2023 Ni12024 COh1BINED SINGLE LINT Ea accident S 1,000,000 BODILY INJURY (Per person) _ S X ANY AUTO O'NNEO SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) S PROPERTY DAMAGE Per accident $ X NON-OwNED AUTOS ONLYAUTOS ONLY HIRED NX PIP S 10,000 aggregate X Comp various Call various D X UMBRELLA LIAB X CCCUR CUPBN00458A2326 7/112023 7/1/2024 EACH OCCURRENCE S10.000,000 AGGREGATE S 10.000,000 EXCESS LIAB CLAIMS -MADE DED X I RETENTIONS S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N renewal of WC017931007 71112023 71112024 X PER STATUTE EORH USLBH included E.L. EACH ACCIDENT $ 1,000,000 ANYPROPRIETORIPARTNERlIXECUTIVE OFF ICERIhtEMS£REXCLUDE07 N 1 A E.L. DISEASE -EA EMPLOYE S 1,000,000 (Mandalory In NMI If yes, describe under DESCRIPTION OF OPERATIONS helmv E.L. DISEASE - POLICY LIMIT $1,000,000 B POuuonlProf Liabirity IvIMAENV001943 71112022 7/1/2024 52.CCO.000each claim $4,000.000 Aggre F Installation Floalor IMMA231000174601 71112023 7/1/2024 S200,00 $2.500 DIED DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedula, maybe attached If more space is required) RE: For any and all work performed on behalf of Cotlier County Collier County Board of County Commissioners is Additional Insured under the General Liability and auto policy with respects to work performed by the insured, as required by written contract, prior to a loss. Coverage is primary and non contributory where required by written contract orwritten agreement executed prior to any "accident", in no event will this coverage extend beyond the terms and conditions of the coverage form. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE �i,l ,Y i'y1 �,.��, O 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 222 11.C.b A C-"� r7 �® cCERTIFICATE OF LIABILITY INSURANCE DATE (GIKUD DfYYYYI 612e12023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER A Marsh &McLennan Agency LLC 222 Central Park Avenue, Suite 1344 Virginia Beach VA 23462 NAME: Marsh Marsh & McLennan Agency LLC PHONE757 456-0577 Fa c Na E-MAIL ADDRESS: certificates MarshMMA.Com INSURERS AFFORDING COVERAGE NA1CA INSURER A: Zurich American Insurance Company 16535 INSURED Quality Enterprises USA , Inc. & Quality Environment Co Inc, INSURER B t Evanston Insurance Company 35378 INSURERC: Phoenix Insurance Company 25623 INSURER D : Travelers Prop & Casualty Co of America 25674 3494 Shearwater Street INSURER E : Travelers Indemnity Co of America 25666 (Naples FL 34117 INSURER F c Ascot Insurance Company 23752 COVERAGES CERTIFICATE NUMBER: 871511624 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF AIWODfYYYY POLICY EXP MNINDDIYYYY LIM1IITS C X COMMERCIAL GENERAL LIABILITY Y DTG07N91352APHX23 7r112023 7/1/2024 EACHOCCURRENCE S1,000,000 CLAIhIS-I,1ADE M OCCUR DAMAGES RENTED PREMISES Eaoccvrrencn $300,000 AIED EXP (Any one person) S 10,000 PERSONAL&ADVINJURY S1.000,000 GENLAGGREGATE LIMIT APPLIESPER: GENERALAGGREGATE S2,000,000 POLICY ECT LOG PRODUCTS-COMPIOP AGG S 2.000,000 I S OTHER: E AUTONSOBILELIABILITY 8107NG721902326G 7/1/2023 71112024 COMSINEOSINOLELRAIT Es accfdenl S1,000,B00 BODILY INJURY (Par person) S X ANY AUTO OWNED SCHEDULED, AUTOS ONLY AUTOS BODILY INJURY (Par accident) S PROPERTYDAMAGE Per accident S X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PIP S 10,000 aggregate X Camp various X Coo various D X UMBRELLALIA13 X OCCUR CUP8NO045BA2326 711/2023 711/2024 EACHOCCURRENCE S10.000,000 AGGREGATE S 10.000,000 EXCESS LIAR CLAIAISAIADE DIED X RETENTION 5 S A WORKERS COMPENSATION AND EMPLOYERT LIABILITY YIN renewal of WCO 17931007 7012023 711/2024 X PEROT EERH USL&H included E.L. EACH ACCIDENT S 1,000,D00 ANYPROPRIETOFUPARTNERlEXECUTIVE OFFICERIMEAIBEREXCLUD>•=D? NIA E.L. DISEASE- EA EMPLOYEE S 1,000,D00 (Mandatory In NH) Ir yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE. POLICY LIMIT S 1,000,000 B Pa9utionlProf Liability MMAENVO01943 7/1/2022 71112024 S2.000,000 each daim $4.000.000 Aggre F Installation Floater IMMA231000174601 7/112023 7/112024 S200,000 32,500 DED DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached if mare space is required) RE: For any and all 4vofk performed on behalf of Collier County Collier County Board of County Commissioners is Additional Insured under the General Liability and auto policy Wth respects to work performed by the insured, as required by written contract, prior to a loss. Coverage is primary and non contributory where required by written contract or written agreement executed prior to any "accident", in no event will this coverage extend beyond the terms and conditions of the coverage form. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 223 DocuSign Envelope ID: 854B14E1-D9C2-4294-8DBC-57653D18110A 11.C.c Cofer County Procurement Services Division Notice of Recommended Award Solicitation: 23-8106 Title: Solana Road Stormwater Improvements Due Date and Time: June 7, 2023, at 3:00 PM EST Respondents: Company Name City County State Total Bid Amount Responsive/Responsible Quality Enterprises USA, Inc. Naples Collier FL $5,258,920.70 Y/Y Douglas N. Higgins Inc. Naples Collier FL $6,050,258.50 Y/Y Andrew Site Work, LLC Fort Myers Lee FL $6,228,165.90 Y/Y Utilized Local Vendor Preference: Yes 0 No = N/A Recommended Vendor(s) For Award: On April 17, 2023, the Procurement Services Division issued Invitation to Bid ("ITB") No. 23-8106 Solana Road Stormwater Improvements, to ten thousand two hundred and seventy-eight (10,278) vendors. Eighty-two (82) bid packages were viewed and three (3) bids were received by the June 7, 2023, deadline. Staff reviewed the bids received. All bidders were deemed responsive and responsible. Staff determined that Quality Enterprises USA, Inc., is the lowest responsive and responsible bidder. Staff therefore recommends award to Quality Enterprises USA, Inc., the lowest responsive and responsible bidder, for the total bid amount of $5,258,920.70 Contract Driven M Purchase Order Driven 0 Required Signatures DocuSigned by: Project Manager: I k" bV 3F7D77AFFBAE4C9... DocuSigned by: Procurement Strategist: ak,, ,k. 6/28/2023 BCB13261E6AD447... Procurement Services Director: DocuSigned by: r�. H Sandra HerreraEccc82796554i5.. 6/28/2023 Date Packet Pg. 224 DocuSign Envelope ID: 854B14E1-D9C2-4294-8DBC-57653D18110A ■■■■■1 NONE ■ GNOLI ■■■■� NONE" EENEEMENEEP ARBER & NOON■■ EENEEEB RUNDAGE, INC. ......'` Certificate of Authorization Numbers: EB 3664 • LB 3664 • LC26000620 June 27, 2023 Via email to patrick.boyle@colliercountyfl.gov Patrick Boyle, Procurement Strategist Collier County Procurement Services Division 3295 Tamiami Trail East, Building C-2 Naples, FL 34112 11.C.d 7400 Trail Blvd., Suite 200 Naples, FL 34108 PH: (239) 597-31 1 1 www.ABBINC.com Re: Design Entity's Letter of Recommended Award ("DELORA") Solicitation #23-8106 — Solana Road Stormwater Improvements Dear Mr. Boyle: Bids were received for the above -referenced project by Collier County on June 7, 2023. Agnoli, Barber & Brundage, Inc. (ABB) (Engineer of Record) has completed our review of the bid documents provided by Collier County for the lowest bidder for this project, and we are pleased to provide the following award recommendation. The scope of the Solana Road Stormwater Improvements project includes stormwater infrastructure improvements including large and small culverts, box culverts, utility accommodations, ditch armoring and related works. The following three contractors submitted bids for consideration (in alphabetical order): • Andrew Site Work, LLC • Douglas N. Higgins, Inc. • Quality Enterprises USA, Inc. Collier County Procurement's review of the bid tabulations determined that the apparent low bidder was Quality Enterprises USA, Inc., with a bid of $5,258,920.70. ABB was provided with which bid is approximately 8% lower than the Engineer's Opinion of Probable Construction Cost (OPC) of $5,713,156.46. References were provided, and the completed Vendor Reference Check Logs for each reference are attached hereto. The project references provided by Quality Enterprises USA, Inc. contain sufficient relevant experience with similar projects to demonstrate the required successful experience to complete the project. We have verified that the references submitted meet the Supplemental Requirements of Bidders in that each of the projects submitted meets at least one of the four required minimum qualifications, and together meet all four of the minimum qualifications. Page 1 of 2 K:\2020\20-0091 Solana Road Stormwater Improvements\Correspondences\Bid Documents\CC DELORA\DELORA 6.27.23.docx Packet Pg. 225 DocuSign Envelope ID: 854B14E1-D9C2-4294-8DBC-57653D18110A 11.C.d Quality Enterprises USA, Inc. is a Foreign Corporation formed in 1973 in the State of Virginia and has been authorized to transact business in the State of Florida since 1995. Quality Enterprises USA, Inc. is registered with the Florida Department of Business and Professional Regulation as a Construction Business with Howard J. Murrell, Jr. as the qualifier as a Certified Building Contractor and a Certified Underground Utility & Excavation Contractor, which registrations are current and active. The Engineer has worked successfully with Quality Enterprises USA, Inc., on many projects located in Collier County. Most recently, ABB is on a Design -Build team with Quality Enterprises for the Whippoorwill Lane and Marbella Lakes Drive Connection project. That project is now nearing completion. Quality Enterprises has also successfully completed construction projects in Pelican Bay that were designed by ABB. Based on that experience, the favorable performance reviews provided on the Vendor Reference Logs and its licensing, it appears that Quality Enterprises is a qualified firm to conduct the requested work. Based on the above information, ABB recommends Quality Enterprises USA, Inc., be awarded the contract for the Solana Road Stormwater Improvements project in the amount of $5,258,920.70. Should there be any questions, please feel free to contact our office. Sincerely, AGNOLI, BARBER & BRUNDAGE, INC. Dominick J. Amico, P.E. President & Engineer of Record DJA/drr Attachments Page 2 of 2 K:\2020\20-0091 Solana Road Stormwater Improvements\Correspondences\Bid Documents\CC DELORA\DELORA 6.27.23.docx Packet Pg. 226 DocuSign Envelope ID: 854B14E1-D9C2-4294-8DBC-57653D18110A 11.C.d Cotr Count y Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8106 Reference Check by: A noli, Barber & Brundage, Inc. Solicitation Title: Solana Road Stormwater Imp. Date: June 21, 2023 Bidder's Name: Quality Enterprises USA Inc. Phone: 239 597-3111 Design Entity: Agnoli, Barber & Brundage, Inc. REFERENCED PROJECT: Project Name: Taxiway D Realignment & Drainage I Project Location: I Naples, FL Project Description: Installed over 3,000 LF of storm piping ranging in size from 24" to 54" Completion Date: July 2018 - December 2018 Contract Value: $ 3,675,999.00 Project Owner/Title: Naples Airport Authority Owner's Address: 160 Aviation Drive North, Naples FL 34104 Phone: (239) 643-0733 Owner's Contact Person: Kerry Keith, Sr. Dir. of Airport Dev. E-Mail: kkeith@flynaples.com 1. Was project completed timely and within budget? (If not, provide detail) This project is still under construction with completion anticipated Oct. -Nov 2023. Currently they are ahead of schedule and on budget. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes. 3. Was the construction process performed satisfactorily? (If not, provide detail) No issues. 4. Did the process run smoothly? Were there any changes? Describe below. No changes to date, QE has been responsive to minor adjustments S. Was the contract closeout process performed satisfactorily? (If not, provide detail) N/A Still in progress. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? N/A 7. Additional comments: This project is all night work and QE has handled the closings and reopening of the runway/taxiways Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 227 DocuSign Envelope ID: 854B14E1-D9C2-4294-8DBC-57653D18110A 11.C.d Cotr Count y Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8106 Reference Check by: A noli, Barber & Brundage, Inc. Solicitation Title: Solana Road Stormwater Imp. Date: June 21, 2023 Bidder's Name: Quality Enterprises USA Inc. Phone: 239 597-3111 Design Entity: Agnoli, Barber & Brundage, Inc. REFERENCED PROJECT: Project Name: Farm Workers Village Box Culvert Project Location: Immokalee, FL Project Description: Installed 120 LF of 5' x 11' Box Culvert Completion Date: May 2019 - June 2019 Contract Value: $401,004.00 Project Owner/Title: Collier County Housing Authority Owner's Address: 1800 Farm Workers Way, Immokalee, FL Phone: (239) 657-3649 Owner's Contact Person: I Oscar Hentschel E-Mail: ohentschel cchafl.or NOTE: ANSWERS PROVIDED BY TELEPHONE 6/21/23 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes - the process ran smoothly. No changes to be made. S. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No warranty issues since closeout. 7. Additional comments: Oscar said he very much appreciated working with them. Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 228 DocuSign Envelope ID: 854B14E1-D9C2-4294-8DBC-57653D18110A 11.C.d Ct �eY County Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8106 Reference Check by: A noli, Barber & Brundage, Inc. Solicitation Title: Solana Road Stormwater Imp. Date: June 21, 2023 Bidder's Name: Quality Enterprises USA Inc. Phone: 239 597-3111 Design Entity: Agnoli, Barber & Brundage, Inc. REFERENCED PROJECT: Project Name: Goodlette Road Ditch West Bank Reconstniction and Stabilization I Project Location: Collier County, FL Project Description: Grade dileli and installed Hydro Turf 2 for stabilization Completion Date: Jute 2020 - March 2021 Contract Value: $ 426 100.00 Project Owner/Title: Collier County Owner's Address: 2685 S. Horseshoe Drive, Naples, FL Phone: (239) 252-2927 Owner's Contact Person: Pawel Brzeski E-Mail: awel.Brzeski@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Y (FS 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) YES 3. Was the construction process performed satisfactorily? (If not, provide detail) �(�S f�FkC-tkw�, ,r A%1.sc�j 45:rct^cC_y�'l too 4. Did the process run smoothly? Were there any changes? Describe below. V E (22Y 5 , 5. Was the contract closeout process performed satisfactorily? (if not, provide detail) Y E S 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? do \, Ss11-k S 7. Additional comments: V C,CZY S ^TIS C't t,\�, kz� C lgc, c.S-sS 7 Res sk �06.2 t,2o't3 . to r C d E 0 a- E L m �a 3 E L 0 to �a 0 c R 0 to r N Q O J w 0 0 w M N C d E t �a Q Tab 2 - Appendix H2 —Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 229 DocuSign Envelope ID: 854B14E1-D9C2-4294-8DBC-57653D18110A 11.C.d Cotr Count y Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8106 Reference Check by: A noli, Barber & Brundage, Inc. Solicitation Title: Solana Road Stormwater Imp. Date: June 21, 2023 Bidder's Name: Quality Enterprises USA Inc. Phone: 239 597-3111 Design Entity: Agnoli, Barber & Brundage, Inc. REFERENCED PROJECT: Project Name: Fordham and Nia ra Waterway Project Location: I Port Charlotte FL Project Description: Installation of box culverts, 24"-36" RCP pipe, gabeon baskets and dirt regrading Completion Date. August 2018 Contract Value: $ 2,196,048.00 Project Owner/Title: Charlotte County Owner's Address: 18500 Murdock Circle, Port Charlotte, FL Phone: (941) 575-3642 Owner's Contact Person: I Karen Bliss, Projects Manager E-Mail: karen.bliss charlottecount fl. ov NOTE: ANSWERS PROVIDED BY EMAIL - SEE ATTACHED 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes S. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No warranty issues 7. Additional comments: No additional comments Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 230 DocuSign Envelope ID: 854B14E1-D9C2-4294-8DBC-57653D18110A 11.C.d From: Bliss, Karen <Karen.Bliss@charlottecountyfl.gov> Sent: Wednesday, June 21, 2023 3:28 PM To: Jamie Schenkerman Cc: Dominick Amico; Denise Rakich; TeufferKarin Subject: RE: CC Bid 23-8106, Solana Road Stormwater Improvements - Reference Check for Quality Enterprises USA, Inc. Attachments: Reference Check Log - Bliss.pdf Good Afternoon - I don't have a printer right now, so my answers are below. 1. Yes 2. Yes 3. Yes 4. Yes S. Yes 6. No warranty issues 7. No additional comments. Thank you - Karen Bliss I Projects Manager Charlotte County Public Works 'w # Engineering Division-Stormwater Management i� 941.575.3642 HARL.CMTTE OUhITY CharlotteCountyFL.gov Delivering Exceptional Service F L D R I O A Visit us on Facebook: www.facebook.com/charlottecountypublicworks/ From: Jamie Schenkerman <Schenkerman@abbinc.com> Sent: Wednesday, June 21, 2023 3:18 PM To: Bliss, Karen <Karen.Bliss@charlottecountyfl.gov> Cc: Dominick Amico <amico@abbinc.com>; Denise Rakich <rakich@abbinc.com>; TeufferKarin <Karin.Teuffer@colliercountyfl.gov> Subject: CC Bid 23-8106, Solana Road Stormwater Improvements - Reference Check for Quality Enterprises USA, Inc. Caution — This email originated from outside of our organization. Please do not open any attachments or click on any links from unknown sources or unexpected email. Good afternoon, Ms. Bliss This is a follow up to the voice mail message I left for you earlier today. We are assisting Collier County Procurement Services with checking references for the award of the above project. Quality Enterprises USA, Inc. has listed you as a reference for the following project: i Packet Pg. 231 DocuSign Envelope ID: 854B14E1-D9C2-4294-8DBC-57653D18110A 11.C.d • Fordham and Niagra Waterway Port Charlotte, FL We would greatly appreciate it if you would complete the attached reference form and return it to us by email as quickly as possible. If you have any questions, please let us know. Thank you for your prompt attention. Jamie Schenkerman Engineering & Planning Assistant schenkerman@abbinc.com Direct/Fax:(239) 254-2837 NONE GNOLI :::::. ARBER & ■■■■■■' RUNDAGE, INC 7400 Trail Blvd., Suite 200 • Naples, FL 34108 PH: (239) 597-31 1 1 • FAX: (239) 566-2203 Packet Pg. 232 DocuSign Envelope ID: 854B14E1-D9C2-4294-8DBC-57653D18110A 11.C.e PS: Patrick Boyle PM: Mark Zordan EARTHWORK & SITEWORK ITEM DESCRIPTION 1 Project Sign 2 Survey Layout, As -Built Survey & Maintain Record Drawings 3 Erosion and Sediment Control 4 Pre & Post Construction Video 5 General Restoration 6 Clearing and Grubbing (4.0 AC) 7 Ri ra , Rubble, F&I, Ditch Lining 8 Regular Excavation - North Ditch Re -Grading 9 Regular Excavation - South Ditch Re -Grading 10 Embankment - North Ditch 11 Embankment - South Ditch 12 Bahia Sod - Installed 13 Armoring - Gabion Baskets 9 ga., rock -filled, fabric overlay: 14 Bollards 15 Mast Arm include all work indicated in note on sheet 9 of 15 16 Mobilization 9.5% 17 Maintenance of Traffic (2.5%) Notifications: 10278 Packages Viewed: 83 Bid Submittals: 3 23-8106 Solana Road Stormwater Improvements QUANTITY UNIT 2 EA 1 LS 1 LS 1 LS 1 LS 1 LS 29 TN 922 CY 1,762 CY 210 CY 175 CY 17,500 SY 1,550 CY 5 EA 1 LS 1 LS 1 LS Bid Tabulation Quality Enterprises USA, Inc. Douglas N. Higgins Inc. Andrew Site Work, LLC Engineers Estimate UNIT COST SUBTOTAL UNIT COST SUBTOTAL UNIT COST SUBTOTAL UNIT COST SUBTOTAL $1,816.50 $3,633.00 $4,000.00 $8,000.00 $4,472.00 $8,944.00 $1,440.00 $2,880.00 $43,339.00 $43,339.00 $50,000.00 $50,000.00 $164,000.00 $164,000.00 $28,800.00 $28,800.00 $58,872.00 $58,872.00 $70,000.00 $70,000.00 $272,598.00 $272,598.00 $57,600.00 $57,600.00 $1,817.00 $1,817.00 $8,000.00 $8,000.00 $12,830.00 $12,830.00 $7,200.00 $7,200.00 $42,127.00 $42,127.00 $128,000.00 $128,000.00 $237,213.00 $237,213.00 $72,000.00 $72,000.00 $50,228.00 $50,228.00 $128,000.00 $128,000.00 $147,449.00 $147,449.00 $120,412.80 $120,412.80 $143.50 $4,161.50 $600.00 $17,400.00 $652.00 $18,908.00 $164.40 $4,767.60 $36.25 $33,422.50 $90.00 $82,980.00 $90.00 $82,980.00 $19.20 $17,702.40 $35.75 $62,991.50 $80.00 $140,960.00 $89.50 $157,699.00 $19.20 $33,830.40 $28.25 $5,932.50 $150.00 $31,500.00 $277.00 $58,170.00 $13.20 $2,772.00 $33.75 $5,906.25 $150.00 $26,250.00 $259.00 $45,325.00 $13.20 $2,310.00 $7.25 $126,875.00 $9.00 $157,500.00 $7.73 $135,275.00 $3.60 $63,000.00 $506.00 $784,300.00 $1,050.00 $1,627,500.00 $653.00 $1,012,150.00 $360.00 $558,000.00 $794.00 $3,970.00 $1,500.00 $7,500.00 $2,107.00 $10,535.00 $1,423.20 $7,116.00 $27,924.00 $27,924.00 $50,000.00 $50,000.00 $116,425.00 $116,425.00 $120,000.00 $120,000.00 $452,957.00 $452,957.00 $525,000.00 $525,000.00 $229,000.00 $229,000.00 $440,543.72 $440,543.72 $114,497.001 $114,497.00 $236,000.001 $236,000.00 $58,000.00 $58,000.001 $115,932.561 $115,932.56 Subtotal 1 $1, 822, 953.25 S u btotal 1 $3, 294, 590.00 Subtotal $2, 767, 501.00 Subtotal 1 $1, 654, 867.48 PAVING & GRADING ITEM DESCRIPTION QUANTITY UNIT UNIT COST SUBTOTAL UNIT COST SUBTOTAL UNIT COST SUBTOTAL UNIT COST SUBTOTAL 1 Road Repair - Solana Road 110 LF $1,821.50 $200,365.00 $400.00 $44,000.00 $591.00 $65,010.00 $120.00 $13,200.00 2 Road Repair - Royal Ponciana Drive 35 LF $959.25 $33,573.75 $400.00 $14,000.00 $910.00 $31,850.00 $120.00 $4,200.00 Subtotal $233,938.75 Subtotal $58,000.00 Subtotal $96,860.00 Subtotal $17,400.00 DRAINAGE ITEM DESCRIPTION QUANTITY UNIT UNIT COST SUBTOTAL UNIT COST SUBTOTAL UNIT COST SUBTOTAL UNIT COST SUBTOTAL 1 18" RCP 37 LF $239.50 $8,861.50 $124.00 $4,588.00 $247.00 $9,139.00 $92.40 $3,418.80 2 24" RCP 319 LF $329.25 $105,030.75 $170.00 $54,230.00 $395.00 $126,005.00 $132.00 $42,108.00 3 30" RCP 136 LF $357.75 $48,654.00 $240.00 $32,640.00 $349.00 $47,464.00 $222.00 $30,192.00 4 36" RCP 29 LF $423.50 $12,281.50 $350.00 $10,150.00 $1,098.00 $31,842.00 $262.80 $7,621.20 5 48" RCP 6 LF $724.75 $4,348.50 $500.00 $3,000.00 $2,845.00 $17,070.00 $381.60 $2,289.60 6 54" RCP 256 LF $774.50 $198,272.00 $700.00 $179,200.00 $896.00 $229,376.00 $445.20 $113,971.20 7 Drainage Pipe 36in Inline Check Valve WS885-S 1 EA $39,199.00 $39,199.00 $35,000.00 $35,000.00 $40,612.00 $40,612.00 $66,340.80 $66,340.80 8 Drainage Pipe 18in Inline Check Valve WS440-S 1 EA $20,870.00 $20,870.00 $15,000.00 $15,000.00 $21,418.00 $21,418.00 $27,172.80 $27,172.80 9 Removal of 18" RCP and 1 Mitered End 23 LF $48.00 $1,104.00 $40.00 $920.00 $165.00 $3,795.00 $111.60 $2,566.80 10 Removal of 36" RCP and 1 Mitered End 166 LF $64.00 $10,624.00 $48.00 $7,968.00 $75.00 $12,450.00 $315.60 $52,389.60 11 Removal of 48" RCP 741 LF $98.50 $72,988.50 $48.00 $35,568.00 $73.00 $54,093.00 $458.40 $339,674.40 12 Install 11' x 4' CBC 359 LF $3,983.50 $1,430,076.50 $2,700.00 $969,300.00 $3,935.00 $1,412,665.00 $5,280.00 $1,895,520.00 13 FDOT Type C Inlet 3 EA $6,288.50 $18,865.50 $10,000.00 $30,000.00 $8,206.00 $24,618.00 $5,904.00 $17,712.00 14 Install Straight End Wall 1 EA $43,363.00 $43,363.00 $27,000.00 $27,000.00 $11,771.00 $11,771.00 $120,960.00 $120,960.00 15 Maintenance Access Manhole 1 EA $13,592.00 $13,592.00 $7,000.00 $7,000.00 $16,314.00 $16,314.00 $7,200.00 $7,200.00 16 Remove Existing Junction Box 2 EA $8,628.00 $17,256.00 $2,000.00 $4,000.00 $9,917.00 $19,834.00 $72,000.00 $144,000.00 17 Install 8' x 4' CBC 61 LF $2,535.00 $154,635.00 $2,600.00 $158,600.00 $2,660.00 $162,260.00 $5,280.00 $322,080.00 18 Type "H" Inlet 1 EA $13,516.00 $13,516.00 $11,000.00 $11,000.00 $14,444.00 $14,444.00 $16,214.40 $16,214.40 19 Mitered End Section, 18" 1 EA $2,316.00 $2,316.00 $2,000.00 $2,000.00 $6,733.00 $6,733.00 $2,592.00 $2,592.00 20 Mitered End Section, 30" 2 EA $4,589.00 $9,178.00 $4,500.00 $9,000.00 $10,815.00 $21,630.00 $4,140.00 $8,280.00 21 Mitered End Section, 36" 1 EA $7,498.00 $7,498.00 $6,000.00 $6,000.00 $22,703.00 $22,703.00 $5,040.00 $5,040.00 22 Install new cast -in -place Junction Box- Conc Class IV, 6 x 16 IDS 23 CY $4,223.25 $97,134.75 $5,700.00 $131,100.00 $3,300.00 $75,900.00 $2,160.00 $49,680.00 23 Install new cast -in -place Junction Box - Conc Class IV, 12 X 16 IDS 33 CY $3,473.25 $114,617.25 $5,700.00 $188,100.00 $2,819.00 $93,027.00 $2,160.00 $71,280.00 24 Conc Class IV, Transition Sections 2 10 CY $6,855.00 $68,550.00 $6,500.00 $65,000.00 $6,726.00 $67,260.00 $2,160.00 $21,600.00 25 Conc Class IV, End Walls 5 CY $8,464.25 $42,321.25 $7,200.00 $36,000.00 $8,305.00 $41,525.00 $2,160.00 $10,800.00 26 Reinforcing For Concrete - 6 x 16 IDS 7,302 LB $2.50 $18,255.00 $2.50 $18,255.00 $3.00 $21,906.00 $2.64 $19,277.28 27 Reinforcing For Concrete - 12 x 16 IDS 10,586 LB $2.50 $26,465.00 $2.50 $26,465.00 $3.00 $31,758.00 $2.64 $27,947.04 28 Reinforcing For Concrete - Transition Section 1,790 LB $2.50 $4,475.00 $2.80 $5,012.00 $2.40 $4,296.00 $2.64 $4,725.60 29 Reinforcing For Concrete - End Walls 430 LB $2.50 $1,075.00 $4.30 $1,849.00 $2.40 $1,032.00 $2.64 $1,135.20 30 Install In -line Inlet Grate 1 EA $11,307.50 $11,307.50 $6,000.00 $6,000.00 $15,914.00 $15,914.00 $6,000.00 $6,000.00 Subtotal $2, 616, 730.50 Subtotal $2, 079, 945.00 Subtotal $2, 658, 854.00 Subtotal $3, 439, 788.72 POTABLE WATER, WASTEWATER & FIRE ITEM DESCRIPTION QUANTITY UNIT UNIT COST SUBTOTAL UNIT COST SUBTOTAL UNIT COST SUBTOTAL UNIT COST SUBTOTAL 1 Remove & Install 16" C900 DR14 PVC Forcemain 30 LF $763.00 $22,890.00 $800.00 $24,000.00 $1,088.00 $32,640.00 $254.40 $7,632.00 2 Remove & Install 8" C900 DR14 PVC Watermain 30 LF $313.75 $9,412.50 $400.00 $12,000.00 $370.00 $11,100.00 $72.00 $2,160.00 3 6" Water Main Assembly 2 EA $18,342.50 $36,685.00 $2,100.00 $4,200.00 $18,810.00 $37,620.00 $3,697.20 $7,394.40 4 Relocate/ Replace Hydrant Assembly 1 EA $13,114.00 $13,114.00 $3,500.00 $3,500.00 $27,394.00 $27,394.00 $4,536.00 $4,536.00 Packet Pg. 233 DocuSign Envelope ID: 854B14E1-D9C2-4294-8DBC-57653D18110A 11.C.e 5 (Replace & Deflect 16in WM EA 1 $25,113.001 $25,113.001 $24,000.001 $24,000.001 $30,000.001 $30,000.001 $60,000.001 $60,000.00 Subtotal 1 $107,214.501 Subtotal 1 $67,700.001 Subtotal 1 $138,754.001 Subtotal 1 $81,722.40 Subtotall $4, 780, 837.00 $5, 500, 235.00 $5, 661, 969.00 $5,193, 778.60 1 Owner's Allowance 10% of total base bid 11 TM $478,083.701 $478,083.70** $550,023.501 $550,023.50 $566,196.90 $566,196.901 $519,377.861 $519,377.86 TOTAL BID PRICE + OWNER'S ALLOWANCE 1 $5,258,920.70 $6,050,258.50 $6,228,165.90 $5,713,156.46 "Deemed a calculation error Owners Allowance - for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change. Quality Enterprises USA, Inc. Douglas N. Higgins, Inc. Andrew Site Work, LLC Bid Schedule YES YES YES Bid Response Form (Form 1) YES YES YES Contractors Key Personnel Assigned to Project - (Form 2) YES YES YES Material Manufacturers (Form 3) YES YES YES List of Major Subcontractors (Form 4) YES YES YES Statement of Experience of Bidder (Form 5) YES YES YES Trench Safety Act Acknowledgement (Form 6) YES YES YES Bid Bond (Form 7) YES YES YES Insurance and Bonding Requirements (Form 8) YES YES YES Conflict of Interest Affidavit (Form 9) YES YES YES Vendor Declaration Statement (Form 10) YES YES YES Immigration Affidavit Certification (Form 11) YES YES YES Bidders Checklist (Form 12) YES YES YES Addendums (1-3) YES YES YES SunBiz YES YES YES E-Verify YES YES YES W-9 YES YES YES License YES YES YES Location Naples, FL Naples, FL Fort Myers, FL Packet Pg. 234 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Quality Enterprises USA, Inc. ("Contractor") of 3494 Shearwater Street, Naples, Florida 34117-8414, a Foreign Profit Corporation authorized to do business in the State of Florida, to perform all work ("Work") in connection with "Solana Road Stormwater Improvements", Invitation to Bid No. 23-8106 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Agnoli, Barber & Brundage, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents, Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Five Million Two Hundred Fifty -Eight Thousand Nine Hundred Twenty Dollars and Seventy Cents ($5,258,920.70). Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www,fms,treas.ciov/c570/c570,html#certified. Should the Contract Amount be less Construction Services Agreement: 12022_ver.4] �Jw) than $500,000, the requirements of Section 287,0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 6. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date, Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within two hundred and seventy (270) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion, Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Two Thousand Five Hundred and Seventeen Dollars ($2,617.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday 2 Construction Services Agreement: [2022_ver.4] or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated, Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #23-8106 "Solana Road Stormwater Improvements". Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms ❑ Not Applicable Exhibit 13-2: Performance Bond Forms ❑ Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 Construction Services Agreement: 12022_ver.4] Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions ® Applicable ❑ Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #23.8106 "Solana Road Stormwater Improvements". The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsvnc.com/bidsvnc-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box (®)expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ®Exhibit K: Permits ®Exhibit L: Standard Details ®Exhibit M: Plans and Specifications, as revised, prepared by: Agnoli, Barber & Brundage, Inc. ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Capital Project Planning & Impact Fees 2685 Horseshoe Drive S Naples, FL 34104 Attn: Mark Zordan, Manager- Stormwater Phone: (239) 252-5606 Email: Mark.Zordan &colliercountvfl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Quality Enterprises USA, Inc. 3494 Sheanvater Street Naples, Florida 34117-8414 Attn: Louis J. Gaudio, Vice President Phone: (239) 435-7200 Email: Lgaudio0geusa.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. 4 Construction Services Agreement: [2022_ver.4] Section B. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair, of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Construction Services Agreement: [2022_ver.4] - . Section 16. Chanae Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. Remainder of page intentionally left blank s Construction Services Agreement: [2022_vec4] -•-= IN WITNESS WHEREOF, the parties have executed this Agreement on the dates) indicated below. TWO�Wj�ITNESS�E�S: 0 r�Glsl FIRST WITNESS Marcie Cohen Prin N me IV taim SECOND fVITNESS Lina Upham Print Name ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller BY: Date: and Legality: Attorney Je CONTRACTOR: QUALITY ENTERPRISES USA, INC. Louis J. Gaudio. Vice President Print Name and Title Date: '1��a3 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: RICK LOCASTRO, Chairman Conslrucllon Services Agreement: 12022_ver.4j EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) Construction Services Agreement: [2022_ver.4] 23-8106 Solana Road Stormwater Improvements - Bid Schedule EARTHWORK & SITEWORK ITEM DESCRIPTION QUANTITY UNIT UNIT COST SUBTOTAL 1 Project Sin 2 EA $1,816.50 $3,633.00 2 Survey Layout, As -Built Survey & Maintain Record Drawings 1 LS $43,339.00 $43,339.00 3 Erosion and Sediment Control 1 LS $58 872.00 $58 872.00 4 Pre & Post Construction Video 1 LS $1 817.00 $1 817.00 5 General Restoration 1 LS $42,127.00 $42,127.00 6 Clearing and Grubbing (4.0 AC) 1 LS $50,228.00 $50,228.00 7 Riprap, Rubble, F&I, Ditch Lining 29 TN $143.50 $4,161.50 8 Regular Excavation - North Ditch Re -Grading 922 CY $36.25 $33 422.50 9 Regular Excavation - South Ditch Re -Grading 1,762 CY $35.75 $62,991.50 10 Embankment - North Ditch 210 CY $28.25 $5 932.50 11 Embankment - South Ditch 175 CY $33.75 $5,906.25 12 Bahia Sod - Installed 17,500 SY $7.25 $126 875.00 13 1 Armorin - Gabion Baskets 9 ga., rock -filled, fabric overlay] 1,550 CY $506.00 $784,300.00 14 Bollards 51 EA $794.00 $3 970.00 15 Mast Arm include all work indicated in note on sheet 9 of 15 11 LS $27,924.00 $27,924.00 16 Mobilization 9.5% it LS $452,957.00 $452,957.00 17 Maintenance of Traffic 2.5% 11 LS $114,497.00 $114,497.00 Subtotal $1,822,953.25 DESCRIPTION UNIT UNIT COST SUBTOTAL $1,821.50 $200,365.00 $959.25 $33 573.75 Subtotal $233,938.75 DRAINAGE ITEM DESCRIPTION QUANTITY UNIT UNIT COST SUBTOTAL 1 18" RCP 37 LF $239.50 $8,861.50 2 24" RCP 319 LF $329.25 $105,030.75 3 30" RCP 136 LF $357.75 $48,654.00 4 36" RCP 29 LF $423.50 $12,281.50 5 48" RCP 6 LF $724.75 $4,348.50 6 54" RCP 256 LF $774.50 $198,272.00 7 Drainage Pipe 36in Inline Check Valve WS885-S 1 EA $39,199.00 $39,199.00 8 Drainage Pie 18in Inline Check Valve WS440-S 1 EA 1 $20 870.00 $20 870.00 9 Removal of 18" RCP and 1 Mitered End 23 LF $48.00 $1,104.00 10 Removal of 36" RCP and 1 Mitered End 166 LF $64.00 $10 624.00 11 Removal of 48" RCP 741 LF $98.50 $72,988.50 12 Install 1 V x 4' CBC 359 LF $3 983.50 $1 430 076.50 13 FDOT Type C Inlet 3 EA $6,288.50 $18,865.50 14 Install Straight End Wall 1 EA $43 363.00 $43 363.00 15 Maintenance Access Manhole 1 EA $13,592.00 $13,592.00 16 Remove Existing Junction Box 2 EA $8 628.00 $17 256.00 17 Install 8' x 4' CBC 61 LF $2,535.00 $154,635.00 18 Type "H" Inlet 1 EA $13 516.00 $13 516.00 19 Mitered End Section, 18" 1 EA $2,316.00 $2,316.00 20 Mitered End Section 30" 2 EA $4 589.00 $9 178.00 21 Mitered End Section, 36" 1 EA $7,498.00 $7,498.00 22 Install new cast -in -place Junction Box - Cone Class IV 6 x 16 DS 23 CY $4 223.25 $97 134.75 23 Install new cast -in -place Junction Box - Cone Class IV, 12 X 16 DS 33 CY $3,473.25 $114,617.25 24 Cone Class IV Transition Sections 2 10 CY $6 855.00 $68 550.00 25 Cone Class IV, End Walls 5 CY $8,464.25 $42,321.25 26 Reinforcing For Concrete - 6 x 16 DS 7,3021 LB $2.50 $18 255.00 27 Reinforcing For Concrete - 12 x 16 DS 10,5861 LB $2.50 $26,465.00 28 Reinforcing For Concrete - Transition Section 1,7901 LB $2.50 $4 475.00 29 Reinforcin For Concrete - End Walls 430 LB $2.50 $1,075.00 30 allIn-line Inlet Grate 1 EA $11,307.50 $11,307.50 Subtotal $2,616,730.50 OTABLE WATER, WASTEWATER & FIRE ITEM DESCRIPTION QUANTITY UNIT UNIT COST SUBTOTAL 1 Remove & Install 16" C900 DR14 PVC Forcemain 30 LF $763.00 $22 890.00 2 Remove & Install 8" C900 DR14 PVC Watermain 30 LF $313.75 $9,412.50 3 6" Water Main Assembly 2 EA $18 342.50 $36 685.00 4 Relocate/ Replace Hydrant Assembly 1 EA $13,114.00 $13,114.00 5 Replace & Deflect 16in WM 1 EA $25,113.00 $25,113.00 Subtotal $107,214.50 Subtotal $4,780,837.00 1 1 Owner's Allowance 10% of total base bid 11 TM 1 $478,083.70 $478,083.70 TOTAL BID PRICE + OWNER'S ALLOWANCE $5,258,920.70 Owners Allowance - for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change. EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) Construction Services Agreement: [2022_ver.4] FORM 1- BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Solana Road Stormwater Improvements BID NO.23-8106 Full Name of Bidder Quality Enterprises USA, Inc. Main Business Address 3494 Shearwater Street, Naples, FL 34117-8414 Place of Business Same Telephone No. 239-435-7200 Fax No. 239-435-7202 State Contractor's License # CBCA57231, CUC057398 State of Florida Certificate of Authority Document Number F95000002550 Federal Tax Identification Number 54-0947002 DUNS # 050997386 CCR# N/A Cage Code OXMZ7 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the Construction Solicitation Doc rev 04152022 above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within two hundred and seventy (270) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signatu ouis J. Gaudio Title: Vice President Date: 6/7/23 ConstrUction Solicitation Doc rev 04152022 FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Solana Road Stormwater Improvements Bid No. 23-8106 Name Pancho Gress Lou Gaudio Personnel Category Construction Superintendent Project Manager Construction Solicitation Doc rev 04152022 FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Quality Enterprises USA, Inc. Signature: Date: 6/7/23 Louis audio, Vice President Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Signature: Construction Solicitation Doc rev 04152022 Date FORM 4 - LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non -compliant or non -qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non -compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address I. Electrical N/A 2. Mechanical N/A 3. Plumbing N/A 4. Site Work N/A 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule N/A Company: Quality Enterprises USA, Inc. Signature: '" Date:6/7/23 Louis J. audio, Vice President Construction Solicitation Doc rev 04152022 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. SEE SUPPLEMENTAL QUALIFICATION REQUIREMENTS — (The Supplemental Qualifications takes precedence, should there be conflicting language with this form.) The Bidder is required provide five (5) project references, stated below, of what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. Meets Criteria Taxiway D Realignment & Drainage Naples Airport Autority A - A (project name) (project owner) Naples Airport, Naples, FL 160 Aviation Drive N, Naples, FL 34104 (project location) (Owner's address) Installed over 3,000 LF of storm piping Sr. Director of ranging in size from 24" to 54" Kerry Keith Airport Development (project description) (Owner's contact person) (title) July 2018 - Dec. 2018 $ 3,675,999.00 239-643-0733 KKEITH@FLYNAPLES.COM (project start/completion dates) (contract value) (phone) (email) 2. Meets Criteria Farm Workers Village Box Culvert Collier County Housing Authority A - B (project name) (project owner) Immokalee, FL 1800 Farm Workers Way, Immokalee, FL (project location) (Owner's address) Installed 120 LF of 5' x 11' Box Culvert Oscar Hentschel Exec. Director (project description) (Owner's contact person) (title) May 2019 - June 2019 $401,004.00 239-657-3649 OHENTSCHEL(@CCHAFL.ORG (project start/completion dates) (contract value) (phone) (email) 3. Meets Criteria SRQ Master Drainage Improvements Sarasota Manatee Airport Authority A - C (project name) (project owner) Sarasota Airport, Sarasota, FL 1123 General Spatz Blvd., Sarasota, FL (project location) (Owner's address) Installed over 8,000 LF of pipe and 1360 Gabeon Baskets Scott Brady FOR (project description) (Owner's contact person) (title) Feb. 2020 - Jan. 2021 $7,784,534.00 941-914-2187 SBRADY@EG-SOLUTIONSINC.COM (project start/completion dates) (contract value) (phone) (email) Construction Solicitation Doc rev 04152022 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER Meets Criteria 4. Goodlette Road Ditch West Bank A - D Reconstruction and Stabilization Collier Coun (project name) (project owner) NaDles. FL (project location) Grade ditch and installed Hydro Turf 2 for stabilization (project description) June 2020 - March 2021 (project completion date) 2685 S. Horseshoe Drive, Naples, FL (Owner's address) Mindy Collier Project Manager (Owner's contact person) (title) $426,100.00 239-252-6139 MINDY.COLLIER@COLLIERCOUNTYFL.GOV (contract value) (phone) (email) Meets Criteria 5. Long Beach Upper Canal B Channelization US Army Corp. (project name) (project owner) Harrison Countv. Mississi (project location) Installation of Gabeon Baskets, 12" to 48" RCP, Box Culvert and Ditch Reconstruction (project description) July 2018 $9,550,000.00 (project completion date) (contract value) Company: Signature: Louis— J. Gaudio, Vice President 6. Fordham and Niagra Waterway Meets Criteria B Port Charlotte, FL Installation of box culverts, 24"-36" RCP Pipe, Gabeon Baskets and Dirt regrading August2018 $2,196,048.00 Construction Solicitation Doc rev 04152022 109 St. Joseph Street, Mobile, AL (Owner's address) Nate Lovelace Project Manager (Owner's contact person) (title) 251-802-2010 (phone) NATHAN.LOVELA.CEaSAM USACE.ARMY.MIL (email) Date: 6/7/23 Charlotte County 18500 Murdock Circle, Port Charlotte, FL Karen Bliss Project Manager 941-575-3642 KAREN.BLISS@CHARLOTTECOUNTYFL.GOV FORM 6 - TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure uanti Cost (Description) LF SY Slope 2. 3. 4. 5. LF 1,300 $3.00 $3,900.00 TOTAL s 3,900.00 company: Quality Enterprises USA, Inc. Signature: _ �— Date: 6/7/23 Louis J. Gaudio, Vice President Construction Solicitation Doc rev 04152022 FORM 7 - BID BOND THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVEINON- RESPONISBLE KNOW ALL MEN BY THESE PRESENTS, that we Quality Enterprises USA, Inc. (herein after called the Principal) and Fidelity and Deposit Company of Maryland (herein called the Surety), a corporation chartered and existing under the laws of the State of Illinois with its principal offices in the city of Schaumburg and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commissioners, Collier County, Florida (hereinafter called the Owner), in the full and just sum of -Five-Percent-of-Amount-Bid-- dollars ($ 5%-of-Bid ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No. 23-8106 Solana Road Stormwater Improvements. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5%-of-Bid noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 31st day of May , 2023. Quality Enterprises USA, Inc. Principal BY (Seal) Louis J. Gaudio, Vice President Fidelity and Deposit Company of Maryland Surety (Seal) Terri K. Straw AttorXi y ' Fa gt/ Countersigned Daniel J. GarY90, Nonce eside Appointed Producing Agent for F' elity and Deposit Company of Maryland Bond Number: Bid Bond Board of County Commissioners, Collier County. Obligee Florida ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Terri K. Strawhand , its true and lawful agent and Attorney -in -Fact, to make. execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York. New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at it,, office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify, that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 18th day of April, A.D_ 2023. ,aaUPtr4p,,,,' InsOUInsu ��'�. WUunrrryy Con,pro -`'`�O¢ �T:e, :. 6 P O `a�Po 3�r OP RgJf:o•': �`•��osa Q 'P70aq .`'. E§i SEAL r o?O Y;o :vc =ci SEAL •. ietx.:• oJ...(sn fFo�r %Q •........... ..i . ' y l7nois �i,,Meay.rocK �qunumnP`a`` !! io r nn �5 �`0``• ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND BY: Robert D. &tu ray Vice President Bv: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 18th day of April. A.D. 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified.. Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authoriq• and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Nouv Public NN Commission Expires September 30, 2023 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto: and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate, and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 31st day of May . 2023 �`�Op,POgq�u�''': �/'° �, cQr'•POp•�,��'. SEAL a,,`o'�pPO , SEAL p " _ SEAL q/mols , 'y`YgyYow. �''y lri�no �•Q �� By: Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 reportsfclaims(a).zurichna.com 800-626-4577 Authenticity of this bond can he confirmed at bond-,alidatoa•.zu►•ichna.cotn or 410-559-8790 FORM 8 - INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverages purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https:Happs.fldfs.com/boeexem�t/ 2. ® Employer's Liability $_1,000,000_ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury current ISO form Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ® Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ® Contractors Pollution ❑ Professional Liability $ ® Umbrella/Excess Coverage ❑ Valuable Papers Insurance ❑ Cyber Liability $ 1,000,000 Per Occurrence Per claim & in the aggregate $2,000,000 Per Occurrence $ Per Occurrence $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GG — 3/9/2023 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. col.Lier county Procurement Services Division FORM 9 — CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above - mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non- public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Quality Enterprises USA, Inc. Company Name Signature Louis J. Gaudio, Vice President Print Name and Title State of Florida County of Collier The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this 7th day of June (month), 2023 (year), by Louis J. Gaudio (name of person acknowledging). (Signature of Notary Public'- State of Florida) Marcie L. Cohen (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification N/A - Known Type of Identification Produce - yQSYpP -, MARCIE L. COHEN * :*: MY COMMISSION # HH 196569 EXPIRES: February 11, 2026 Zgp FBonded Thru Notary Public Undenwritere COlieY Comity Procurement Services Division FORM 10 — VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub - vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 7th day of June , 2023in the County of Collier , in the State of Florida Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email Signature by (Typed and written) Title: Quality Enterprises USA, Inc. 3494 Shearwater Street Naples, Florida 34117-8414 F95000002550 54-0947002 OXMZ7 239-435-7200 LGAUDIO(@.QEUSA.COM Louis J. Gaudio Vice President Additional Contact Information Send payments to: (required if different Company name used as payee from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Secondary Contact for this Solicitation: Email: Phone: Co ker County Procurement Services Division FORM 11- IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida Statutes W8.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. Quality Enterprises USA, Inc. Company Name Signature Louis J. Gaudio, Vice President Print Name and Title State of Florida County of Collier The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this 7th day of June (month), 909(year), by Louis J. Gaudio (name of person acknowledging). � _ C (Signature of Notary Public -State of Florida) Personally Known OR Produced Identification N/A - Known Type of Identification Produced Marcie L. Cohen (Print, Type, or Stamp Commissioned Name of Notary Public) MARCIE L. COHEN O*; MY COMMISSION # HH 196569 EXPIRES: February 11, 2026 ?p�v�4•' Bondod Thru Notary Public Ur. r dtm E-Verify: Employer Wizard - Company Information E-Verify Welcome Company User ID _MENU Jacquelyn Horeth QUALITY ENTERPRISES USA, INC JHOR2058 Company Information Company Name Company ID Number Doing Business As (DBA) Name QUALITY ENTERPRISES 234219 USA' INC DUNS Number Physical Location Mailing Address Address 1 Address 1 3494 Shearwater St — Address 2 Address 2 City City Naples — State State FL Zip Code Zip Code 34117 — County COLLIER Additional Information Employer Identification Number Total Number of Employees Parent Organization 540947002 100 to 499 Administrator QUALITY ENTERPRISES USA INC Organization Designation Employer Category Federal Contractor without FAR E-Verify Clause View /Edit NAICS Code Total Hiring Sites Total Points of Contact 238 - SPECIALTY TRADE 1 2 CONTRACTORS View /Edit View / Edit View !Edit View Original MOU Template 0 Last Login: 11/10/2020 01:30 PM . IIIIIII_,- U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Enable Permanent Tooltips Accessibility Download Viewers https:He-verify.uscis.gov/web/EmployerW!zard.aspx 1/1 FORM 12 - BIDDERS CHECKLIST IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. Please read carefully, sign in the spaces indicated and return with your Bid. FAILURE TO PROVIDED THE BID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-RESPONSIVE/NON- RESPONSIBLE. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a. Bid Form (Form 1) b. Contractors Key Personnel (Form 2) c. Material Manufacturers (Form 3) d. List of Major Subcontractors (Form 4) e. Statement of Experience (Form 5) f. Trench Safety Act (Form 6) g. Bid Bond Form (Form 7) h. Insurance and Bonding Requirements (Form 8) i. Conflict of Interest Affidavit (Form 9) j. Vendor Declaration Statement (Form 10) k. Immigration Law Affidavit Certification (Form 11) MUST be signed and attached with your submittal. 1. Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. Copies of required information have been attached a. Business tax Receipt (Collier County Businesses Only) b. Company's E-Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida (sunbiz.org) d. Any required professional licenses — valid and current (myfloridalicense.com) (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) e. Vendor W-9 Form 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise the Bid cannot be considered. Gorr CO14 .ty Procurement Serves Division Date: May 17, 2023 Email: Patrick.Boyle@colliercountyfl.gov Telephone: (239) 252-8941 Addendum #1 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum #1 23-8106 Solana Road Storinwater Improvements The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1: Words underlined are added to Section 1.2 Special Conditions Subsection E of the Bid Specifications. Words stnae� are deleted from Section 1.2 Special Conditions Subsection E of the Bid Specifications At all times, CONTRACTOR shall remain aware that work on this project is occurring within an existing and functioning drainage corridor and that the onslaught of storm events shall necessitate the full use of the drainage ditch to allow conveyance of stormwater through the Fpeedem Dort .,r,,pe#y ditch into the Gordon River. Upon arrival of a major storm event, or a forecast of same, OWNER (Collier County) shall, at its sole discretion, request that CONTRACTOR clear the ditch channel cross-section of any and all obstructing jobsite construction items, including any materials, temporary formwork, scaffolding, to restore the existing drainage conveyance capacity of the ditch. Within 24 hours of such notification, OWNER shall expect the CONTRACTOR to complete all necessary tasks and to fully comply with this directive. Change 2: Words stfuek thr-ough are deleted from Section 1.2 Special Conditions Subsection F of the Bid Specifications Change 3: Words underlined are added to Section 3.1 General Requirements Subsection E (Item 5) of the Bid Specifications. E. (Item 5) General Restoration: Measurement for various items covered under General Restoration will not be made for payment, and all items shall be included in the Contract lump sum price. Payment for general restoration will be made at the appropriate Contract Unit price per lump sum, and will be prorated based on percent complete. This item includes all labor and materials required for complete ROW to ROW restoration including clearing and grubbing, clean-up, grading (outside of swales), replacement of grass, sod, landscaping, and other surface materials not specifically designated in the Bid. This line item shall include all sodding required for ROW to ROW restoration including swales. Sod type shall be determined by the type of sod that constitutes 50% or more of the property to be restored. Please note that the Contractor is responsible for the upkeep and maintenance of all sod and landscaping during construction, including maintaining existing public and private irrigation systems in service. New sod and landscaping which is damaged or destroyed during construction shall be replaced at no additional cost to Collier County. All landscaping damaged or removed as part of the Contractor's operations must be replaced unless directed otherwise in writing by Collier County. Additionally, the Contractor must repair and replace all private and public irrigation facilities that are damaged or destroyed during construction. Any and all costs incurred by private parties from damaged irrigation lines shall be paid for by the Contractor. The security of the adjacent developed areas (golf maintenance areas) is of utmost importance, it has been assumed that the security fencing around each area will not need to be disturbed. If for some unforeseen reason this fencing is disturbed, it is the contractor's responsibility to secure the properties in as good or better condition as exists to the satisfaction of the private property owners. Additional payment will not be made for any accommodation and should be accounted for in the restoration Pay item. Please see revised Bid Specifications uploaded to BidSync. If you require additional inforination, please post a question on our Bid Sync (www.bidsyne.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 5/17/23 (Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. (Name of Finn) Cofer County Procurement Services Division Date: May 30, 2023 Email: Patrick.Boyle@colliercountyfl.gov Telephone: (239) 252-8941 Addendum #2 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum #2 23-8106 Solana Road Stormwater Improvements The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1: Extend Bid due date. OPENING DAY/DATE/TIME: Alay 31,2023 AT 3100 PAI Wednesday, June 7, 2023 AT 3:00 PM If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Quality Enterprises USA, Inc. (Name of Firm) 5/30/23 Date Collier COU ty Procurement Services Division Date: May 31, 2023 Email: Patrick.Boyle@colliercountyfl.gov Telephone: (239) 252-8941 Addendum #3 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum #3 23-8106 Solana Road Stormwater Improvements The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Changel. - The following changes were made: Summary of the change made: 1. Structural Plans - Changed EOR, Increased sizes (length) of drainage structures, with corresponding change of vertical wall rebar size/spacing. 2. Civil Plans — Proposed 54-inch RCPs were shifted to avoid a direct conflict with the existing traffic mast arm 3. Bid Schedule — three new line items added Documents reflecting the change: 1. A revision to the design plans is included as follows: a. Key (Cover) Sheet: Changed EOR, revised Drawing Schedule Table to reflect size change of drainage structures b. 18' x 6' Drainage Structure (1 of 3): Revised to reflect change in size (length) of drainage structure c. 18' x 6' Drainage Structure (2 of 3): Revised to reflect change in size (length) of drainage structure d. 18' x 6' Drainage Structure (3 of 3): Revised to reflect change in size (length) of drainage structure (including revised rebar table) e. 19' x 12' Drainage Structure (1 of 3): Revised to reflect change in size (length) of drainage structure f. 19' x 12' Drainage Structure (2 of 3): Revised to reflect change in size (length) of drainage structure g. 19' x 12' Drainage Structure (3 of 3): Revised to reflect change in size (length) of drainage structure (including revised rebar table) 2. A revision to the Civil Plans is included as follows: a. Sheet 3 location of improvement H modification noted. b. Sheet 9 depicts existing mast arm location, 54" pipe shifts and proposed in -line 24" ADS inlet and associated notes. c. Sheet 15 shows example detail of ADS in -line inlet. A revision to the Bid Schedule is included as follows: a. Added Line Item 15 under Earthwork and Sitework: Mast Arm (including all work indicated on sheet 9 of 15 b. Added Line Item 5 under Potable Water, Wastewater and Fire: Replace & Deflect 16 in WM c. Added Line Item 30 under Drainage: Install In -line Inlet Grate If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 5/31 /23 (Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. (Name of Firm) � Request for Taxpayer Give Form Form Identification Number Certification to the (Rev. October2018) and requester. Do not Department of the Treasury Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. send to the IRS. 1 Name (as shown on your Income tax return). Name is required an this line; do not leave this line blank. Quality Enterprises USA, Inc. 2 Business name/disregarded entity name, if different from above m �P 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the Y 4 Exemptions codes apply only to P� ( PP Y Y following seven boxes. certain entities, not individuals; see CL [1Individual/sole proprietor or ❑ C Corporation Z S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): o ai single -member LLC Exempt payee code (if any) ao ai't ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► 0 2 Note; Check the appropriate box In the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting N LLC If the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is LLC that is disregarded from the for U.S. federal code (if any) ou another not owner tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. u m ElOther (see instructions) ► (Applies to accounts maintained outside the u.s.) C 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) m 3494 Shearwater Street U) 6 City, state, and ZIP code Naples, Florida 34117-8414 7 List account number(s) here (optional) I axpayer Identitication Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (S. However, for a - m - resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 5 4- 0 9 4 7 0 0 2 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. sign I Signature of Louis J. Gaudio Here U.S. person ► Vice President Date► 6/7/23 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/F6rmW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. if you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) FDOT Florida Department of Transportation RON DESANTIS 605 Suwannee Street JARED W. PERDUE, P.E. GOVERNOR Tallahassee, FL 32399-0450 SECRETARY QUALITY ENTERPRISES USA, INC. 3494 SHEARWATER STREET NAPLES, FLORIDA 34117 June 1, 2022 RE: CERTIFICATE OF QUALIFICATION The Department of Transportation has qualified your company for the type of work indicated below. FDOT APPROVED WORK CLASSES: DEBRIS REMOVAL (EMERGENCY), DRAINAGE, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, HOT PLANT -MIXED BITUM. COURSES, INTERMEDIATE BRIDGES, MINOR BRIDGES, PORTLAND CEMENT CONCRETE ROADWAY PAVING, R&R MINOR BRIDGES, SIDEWALK, CURB & GUTTER, DRIVEWAYS, UNDERGROUND UTILITIES (WATER, SEWER & FORCE MAIN) AND PUMP STATION. Unless notified otherwise, this Certificate of Qualification will expire 6/30/2023. In accordance with Section 337.14(4), Florida Statutes, changes to Ability Factor or Maximum Capacity Rating will not take effect until after the expiration of the current certificate of prequalification (if applicable). In accordance with Section 337.14(1), Florida Statutes, an application for qualification must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If the company's maximum capacity has been revised, it may be accessed by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualification Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. The company may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.), by accessing the most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that the company has performed such work. All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. AA:cg 1 Sincerely, �2Alan Autry, Manager Contracts Administration Office Improve Safety, Enhance Allobility, Inspire Innovation wwvw.fdot.gov State of Florida Department of State I certify from the records of this office that QUALITY ENTERPRISES USA, INC. is a Virginia corporation authorized to transact business in the State of Florida, qualified on May 25, 1995. The document number of this corporation is F95000002550. I further certify that said corporation has paid all fees due this office through December 31, 2023, that its most recent annual report/uniform business report was filed on January 23, 2023, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-third day of January, 2023 Secretary af,State Tracking Number: 8086436329CC To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatusICertificateAuthentication i c� O 7C) Z C�C i C O a) _ _ -a H 4- :� _ W +j L Q Wvi N 0= O o J c Q m Z) F-- Z U Q Q Fl c o O V w Z � U N � Vn r Q , z M c o ._ in Z F- ,Q — w v 4- — Q w W w QLU `' MML i c U_.O VI7 i LL 4-4 LLJw LL V > >. ° U. Q LL H w O m v.i `� o ° ' �I Z N 2 �' c J z w V) D u o > w O n. w=W z � L Q w Z U'_ W ��a vWi O_ •� o I— Z Z p� Jo,Q zH v O E— Z W _ O V) N _ z O ?M ,{ �� c p _ �?a o 00 > Q 3 � U. z p W O oc ^— L J \ w Z m /� 0 G 0 _ ° o o W � Q F FLoRI, . o ex. 91 .r i 0 7C)Z W O 1 r ry F- w o v = j � N W � L a L w vi O P: LU 4-1 Z U Q O Z L �1 CaC ^ MNo V- ) to G aj E aZ cLtZ � c O Z u W W i —�a V" 0 H U a Q Q wa o U o LU �Lu OwQdW Z wZujZ U =L�xLO Z �}. c/ W O a d w !L I 0 Z L6LL J Z U s sir. JL Q i V X LL z) S. {} Dill.W N I— 1— Z ' a� 1 Z Z � � a > CW � a W >. a H V' 0 W = 04 Rl. • ~ q _1. pj� I i 1 COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 001263 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104. (239) 252.2477 VISIT OUR WEBSITE AT: www.colliertaxcollector.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2023 LOCATION: 3494 SHEARWATER ST ZONED: COMM/PUD BUSINESS PHONE: 435-7200 STATE OR COUNTY LIC #: CB CA57231 6�10A Corpof r DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS, DWI- ,41 ion `— QUALITY ENTERPRISES USA, INC. 31-40 EMPLOYEES CLASSIFICATION: 05-BUILDING CONTRACTOR CLASSIFICATION CODE: 051048016NIF This document is a business tax only. This is not certification that licensee is qualifed " t It does not permit the licensee to violate any existing regulatory zoning laws of the state, county or cities nor does it exempt the licensee from any other taxes or permits that may be required by law MURRELL, HOWARD J JR 3494 SHEARWATER ST NAPLES, FL 34117 -THIS TAX IS NON -REFUNDABLE - DATE 09/14/2022 AMOUNT 72.00 RECEIPT 502-23-00142201 ; �oe �o*ve," & L COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 013830 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252.2477 VISIT OUR WEBSITE AT: www.colliertaxcollector.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2023 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION, LOCATION: 3494 SHEARWATER ST kk ZONED: COMM/PUD FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. BUSINESS PHONE: 435-7200 ,'ILtGALFORM gA STATE OR COUNTY LIC #: CUC 057398 Corporation �� - QUALITY ENTERPRISES USA, INC. A MURRELL, HOWARD J JR. 3494 SHEARWATER ST NAPLES, FL 34117 31-40 EMPLOYEES CLASSIFICATION: UNDERGROUND UTIL/EXCAVATING CONT f THIS TAX IS NON -REFUNDABLE - CLASSIFICATION CODE: 05102801 \' ,r� ;' DATE 09/14/2022 y q AMOUNT 72.00 This document is a business tax only. This is not certification that licensee is ualifed; y. RECEIPT 502-23-00142201 It does not permit the licensee to violate any existing regulatory zoning laws of the state, county & cities nor does it exempt the licensee from any other taxes or permits that may be required by law.�� EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Pancho Gress Personnel Category Construction Superintendent Lou Gaudio Project Manager 10 Construction Services Agreement: [2022_ver.4] EXHIBIT B-1: PUBLIC PAYMENT BOND Bond No. 94334to Contract No, 23-8106 KNOW ALL MEN BY THESE PRESENTS: That quality Enterprises USA, Inc. , as Principal, and Fidelity and Deposit Company of Maryland as Surety, located at 1299 Zurich Way, Schaumburg, IL 60196 (Business Address) are held and firmly bound to Board of County commissioners, collier county, Florida as Obligee in the SUM Of Five Million, Two Hundred Fifty Eight Thousand, Nine Hundred Twenty and 701100 ($ 5,258,920.70 )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 Obligee for Solana Road Stormwater Improvements THE CONDITION OF THIS BOND is that if Principal: in 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 Contractor the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations IN WITNESS WHEREOF, the above parties have executed this instrument this 19th day of July 20 23 ,the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body. n Construction Services Agreement: [2022_ver.4] Signed, sealed and delivered PRINCIPAL Enterprises USA, Inc. BY: � NAME: Loins . Gaudio ITS: Vice President STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me by means of ®physical presence or ❑ online notarization, this 19th day of July 2023 by Louis I Gaudio as Vire President of �uali y_EntPrnrises USA, Inc. a Virginia corporation, on behalf of the corporation. He/she is personally known to me OR has produced N/A - Known as identification and did (did not) fake an oath. My Commission Expires: 2/11/26 3�`� o MARCIE L, COHEN MY COMMISSIONS HH 196W9 ;*04 EXPIRES: February 11,2026 ''.?P,'f�F�g•' Bonded Tbru Notary Public Underwriter$ (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety /�6a (Signature of Notary Public) NAME: Marcie L. Cohen (Legibly Printed) Notary Public, State of f=(or�icl/1 Commission No.: NM lq(�51v l SURETY: Fidelity and Deposit Company of Maryland (Printed Name) 1299 Zurich Way Schaumburg, IL 60196 (Business Address (Authorized Signature) (Printed Name) tz Construction Services Agreement: [2022_ver.4j OR Devon C. Heath Witnesses Mark C. Bundy STATE OF Virginia )MVliM PC City of Virginia Beach As Attorney (Attach Pow Daniel J. Grygo of Attorney) (Printed Name) 1060 Laskin Road, Ste. 204 Virginia Beach, VA 23451 (Business Address) 757-491-1100 (Telephone Number) The foregoing instrument was acknowledged before me by means of ®physical presence or ❑ online notarization, this 19th day of July 20 23 by Daniel J. Grygo as Attorney -in -Fact of Fidelity and Deposit Company of Maryland Illinois , a corporation, on behalf of the corporation. He/she is personally known to me OR xipKgdwed xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx)c NMWI§M c(did not) take an oath. My Commission Expires: ei3012023 (AFFIX OFFICIAL SEAL) TAMMYA. WARD NOTARY PUBLIC REGISTRATION NUMBER 259496 COMMONWEALTH OF VIRGINIA PAUCAk Lj (Signature of Nota Public) Name: Tammy A. Ward (Legibly Printed) Notary Public, State of:Virginia Commission No.: 259496 13 Construction Services Agreement: [2022_ver.4J EXHIBIT B-2: PUBLIC PERFORMANCE BOND Bond No. M33413 Contract No. 23-8106 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. as Principal, and Fidelity and Deposit Company of Maryland as Surety, located at less Address) are held of County Commissioners, Collier County, Florida Million, Two and firmly bound to as Obligee in the sum of Twenty and 70/100 �� a,zars,azu.iu )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 Obligee for Solana Road Stormwater Improvements in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05Florida Statutes, shall not apply to this bond. , In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this lath day of July 20z3 ,the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. to Construction Services Agreement: [2022_ver.4] Signed,1��d and delivered in the prje$knka of: STATE OF Florida COUNTY OF Collier PRINCIPAL Quality Enterprises USA, Inc. NAME: Louis J Gaudio ITS: Vice President The foregoing instrument was acknowledged before me by means of ®physical presence or ❑ online notarization, this 19th. day of July 20 23 . by Louis J Gaudio as Vice President of Quality Enterprises USA Inc a Virginia corporation, on behalf of the corporation. He/she is personally kno]6 n to me OR has produced N/A - Known as identification and did (did not) take an oath. My Commission Expires: 2/11/26 ,��KSif'y�.;. MARCIE L. COHEN MY COMMISSION M HH 196569 ;a• •'r EXPIRES: February 11, 2026 'FO%fhR^ 9onM tlxu Notary Public UMenrrilers (AFFIX OFFICIAL SEAL) (SignaturNotary Public) Name: Marcie L. Cohen (Legibly Printed) Notary Public, State of: FIr 04d Commission No.: 0 4(aS� 4 75 Construction Services AgreemenC [2022_ver dl ATTEST: Witnesses as to Surety x". /L Devon C. Heath WltneSSBS Mark C. Bundy STATE OF Virginia �1 City of Virginia Beach SURETY: Fidelity and Deposit Company of Maryland (Printed Name) 1299 Zurich Way Schaumburg, IL 60196 (Business Address) (Authorized Signature) (Printed Name) As Attorney yFact (Attach Power of Attorney) Daniel J. Grygo (Printed Name) 1080 Laskin Road, Ste. 204 Virginia Beach, VA 23451 (Business Address) 757-491 -1100 (Telephone Number) The foregoing instrument was acknowledged before me by means of �] physical presence or ❑ online notarization, this lsth day of July 2023 , by Daniel J. Grygo as Attorneyin-Fact Of Fidelity and Deposit Company of Maryland a Illinois behalf of the corporation. He/she is personally known to me OR take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) TAMMYA. WARD NOTARY PUBLIC REGISTRATION NUMBER 259496 COMMONWEALTH OF VIRGINIA ik r (Signature of Nota Public) Tammy A, Ward (Legibly Printed) Notary Public, State of: Virginia Commission No.: z5sass 16 Construction Services Agreement: [2022_ver.4] and Number: 9433413 Obligeee HoaN Or County Commicsim,um. Collier County. Florida ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: "that the WIMH AMERICAN INSURANCE COMPANY, a corporation of the State of Now York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the Stale of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V. Section 8, of the Bylaws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel J. Grygo its true and lawful agent and Atlorney4n-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland„ and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WI"fNESS WHEREOF, the said Vice -President has herewuo subscribed his/her names and affixed the Corpomte Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ISth day of April, A.D. 2023. ��ccc�?: o!'.%ti•". .o�,ry,�.'Po ;�o° >,°oQay`.c°,�'�,,•. �ts%OP kOs n�'s .��e/OP �:c:, aO�pPPOg9a�o�i 2222 SEAL rut !`SEALmjg`? sEAL m}i;_ .y ifi ion NeNYoM,,, unnuo man ATTEST: ZURICH A\IERIGW hVSURANCE COkIPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Down B. Brown Secretary State of Maryland County of Baltimore On this 18th day of April, A.D. 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice Prestdenl and Dawn R. Drown, Secretary of the Companies, to me personally known t0 be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, brat he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument arc the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by tlw authority and direction of the said Corporations. IN TESTIMONY WUEREOF, I have hereunto set my hand mid affixed my Official Seal the day and year first above written. �IIC<.�2 `itYth"q��F FI ka Osvbea 5'y Notary Public \IY Commisoon Expiru September 30. 2023 Authenticity of this bond can be coltfirnted at bonrlvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Pact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -hi -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-facl to affix the corporate seal thereto: and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and 1 do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the I Sth day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Paver of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 19th day of July 2023 SEAL =S SEAL g. ' [ SEAL 7ing Pdo By: Mary Jean Pelhick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 reportsfclaims0zurichna corn 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due 17 Construction Services Agreement: [2022_ver.4] Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 Construction Services Agreement: [2022_ver.4] EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: afte r (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material - men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: President [Corporate Seal] The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of 1 20 by I as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced My Commission Expires: (AFFIX OFFICIAL SEAL) - as identification and did (did not) take an oath. (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: 19 Construction Services Agreement: [2022_ver.4] EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners the OWNER or Collier County Water -Sewer Owner's Project Manager's Name: Bid No. Project No. Count 's Division Name Purchase Order No. Submitted by Contractor Representative: Name Application Date: Contractor's Name & Address: Payment Application No. Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & Stored to Date: $ Retainage @5% through Insert Datel $ Retainage @ 5% through [Insert date $ Retainage @ % after Insert date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment(s Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Completed to Date: % Liquidated Damages to Be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: 20 Construction Services Agreement: [2022_ver.4] EXHIBIT D (Continued) SCHEDULE OF VALUES Project Name: Project Number: Date: Period To: ITEM NUMBER DESCRIPTION SCHEDULED VALUE WORK COMPLETED STORED MATERIALS TOTAL COMPLETED & STORED TO DATE PERCENT COMPLETE BALANCE TO FlNISH 5% RETAINAGE _% RETAINAGE (reduced rate) TOTAL RETAINAGE WITHHELD PREVIOUS APPLICATIONS THIS PERIOD THRU DATE SINCE DATE TOTALS * Exp anatiol n forthe two columns under Previous Applications: The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue comes into play. If this happens, all information up to the date of the %change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column. This states what has happened since the change in retainage. 21 Construction Services Agreement: [2022_ver.4] Exhibit D (Continued) Stored Materials Record Formula: A+B-C-D=E A B C D E Date Description Supplier Invoice Number Previously Received Received This Period Previously Installed Installed This Period Balance To Install 22 Construction Services Agreement: [2022_ver.4] EXHIBIT E: CHANGE ORDER Any county Procurement Services Change Order Form ❑ Contract Modification ❑ Work Order Modification Contract #: Change #:= Purchase Order #: Project #: Contractor/Firm Name: F Contract/Project: Project Manager Name: Division Name: 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 I $ 0.00 #DIV/01 Change from Current BCC Approved Amount Cumulative Chances $ 0.00 #DIV/0! Chance from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date E Date Completion Date Date (Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. 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) Accepted by: (Design Professional and Name of Firm, if project applicable) Approved by: (Division Director or Designee) Approved by: Date: Date: (Procurement Professional) Revised- 11U14M21 (Df visions who may requre additional signatures may include on separate sheet.) PnacurErEnr useonLr - - - -F#C: eocea 23 Construction Services Agreement: [2022_ver.4] Change Order/Amendment Summary CO# AMD# Description COST TIME Justification Additive Deductive Days Added New Amount + H Reuised= 01)14f2021 {Divisions who may requre additional signatures may include on separate sheet.) PwxuRE Elir USE ONLY Admin acc 60C E3 24 Construction Services Agreement: [2022_ver.4] OWNER'S Project No. PROJECT: CONTRACTOR: Contract For Contract Date EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: 25 Construction Services Agreement: [2022_ver.4] OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 By: Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 120 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20 OWNER By: Type Name and Title 26 Construction Services Agreement: [2022_ver.4] EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Contractor: The following items have been secured by the for the Project known as PO No.: Date: and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) By Design Professional: By Owner: (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 27 Construction Services Agreement: [2022_ver.4] EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2s Construction Services Agreement: [2022_ver.4] 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 29 Construction Services Agreement: [2022_ver.4] limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re -submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 30 Construction Services Agreement: [2022_ver.4] stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 31 Construction Services Agreement: [2022_ver.4] 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 5.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except 32 Construction Services Agreement: [2022_ver.4] those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 33 Construction Services Agreement: [2022_ver.4] 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel; 8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes 34 Construction Services Agreement: [2022_ver.4] made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordReg uest(c_colIiercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public 35 Construction Services Agreement: [2022_ver.4] agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 36 Construction Services Agreement: [2022_ver.4] 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of 37 Construction Services Agreement: [2022_ver.4] the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by 38 Construction Services Agreement: [2022_ver.4] any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Contractors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. 39 Construction Services Agreement: [2022_ver.4] If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's / Contractor's proposal may be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 40 Construction Services Agreement: [2022_ver.4] 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore 41 Construction Services Agreement: [2022_ver.4] or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does 42 Construction Services Agreement: [2022_ver.4] not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's 43 Construction Services Agreement: [2022_ver.4] expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, 44 Construction Services Agreement: [2022_ver.4] Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs 45 Construction Services Agreement: [2022_ver.4] of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional 46 Construction Services Agreement: [2022_ver.4] shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. 47 Construction Services Agreement: [2022_ver.4] Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 48 Construction Services Agreement: [2022_ver.4] 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 49 Construction Services Agreement: [2022_ver.4] 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. 50 Construction Services Agreement: [2022_ver.4] The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract 51 Construction Services Agreement: [2022_ver.4] price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 52 Construction Services Agreement: [2022_ver.4] 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(a)colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 53 Construction Services Agreement: [2022_ver.4] 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 54 Construction Services Agreement: [2022_ver.4] EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ❑ Attached hereto, following this page Exhibit I.A Exhibit 1.13 ❑ Not Applicable 55 Construction Services Agreement: [2022_ver.4] EXHIBIT LA SUPPLEMENTAL TERMS AND CONDITIONS The parties (Collier County and Contractor) agree to amend the Agreement within no later than ninety (90) days of the effective date to comply with legislative changes to Fla. Stat., §218.735, Timely payment for purchases of construction services, Fla. Stat., § 255.074, Procedures for calculation of payment due dates, Fla. Stat., §255.077, Project closeout and payment of retainage, and Fla. Stat., §255.078, Public construction retainage, (with an effective date of July 1, 2023). Page 1 of 1 Exhibit LB Supplemental Contract Documents for Solana Road Stormwater Improvements Project Specifications For: Collier County Growth Management Department Capital Project Planning, Impact Fees & Program Management Division Stormwater Management Section 2685 South Horseshoe Drive Naples, FL 34104 Engineer: Agnoli, Barber & Brundage, Inc. 7400 Trail Boulevard, Suite 200 Naples, FL 34108 NONE 0 0 0 GNOLI :::::B ARBER & ::::;:rm RUNDAGE, June 2023 ABB PN #20-0091 INC. Coilier County THIS PAGE INTENTIONALLY LEFT BLANK SUPPLEMENTAL TECHNICAL SPECIFICATIONS DIVISIONS 01 THROUGH 33 FOR THE COLLIER COUNTY, FLORIDA SOLANA ROAD STORMWATER IMPROVEMENTS June 2023 The following Supplemental Technical Specifications for the Collier Solana Road Stormwater Improvements project dated June 2023 were prepared under my direction and supervision. SECTION 01 ENScc1:9� No. 60284 -o STATE OF0 AL THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY EDWARD F. TRYKA III, P.E. ON THE DATE ADJACENT TO THE SEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. Edward F. Tryka III, P.E. Florida Professional Engineer No. 60284 Agnoli, Barber & Brundage, Inc. 7400 Trail Boulevard, Suite 200 Naples, FL 34108 (239) 597-3111 Certificate of Authorization No. CA3664 June 20, 2023 Date TABLE OF CONTENTS DIVISION 1—GENERAL REQUIREMENTS 01010 Project Summary, Special Conditions & Schedule 01026 Measurement & Payment DIVISION 2 — SITEWORK* 02622 Polyvinyl Chloride (PVC) Pipe & Fittings 02630 Ductile Iron Pipe (DIP) & Fittings 02645 Fire Hydrants 02650 Laying & Jointing Buried Pipelines 02675 Disinfection 02676 Pressure & Leakage Tests DIVISION 15 —MECHANICAL* 15100 Water Valves & Appurtenances 15110 Wastewater Valves & Appurtenances *Per City of Naples Utilities Specifications & Standards Manual COLLIER COUNTY TABLE OF CONTENTS SUPPLEMENTAL TECHNICAL SPECIFICATIONS Page 1 of 1 SECTION 01010 PROJECT SUMMARY, SPECIAL CONDITIONS AND SCHEDULE PART1 GENERAL 1.1 PROJECT DESCRIPTION A. The site is located in Collier County along Solana Road between Goodlette-Frank Road and the Gordon River. B. The project consists of modifying the stormwater infrastructure that provides conveyance from Goodlette-Frank Road (C.R. 851) to Gordon River which is part of the Collier County Gordon River Improvements Master Plan. C. The project includes replacing and upsizing existing drainage conveyances, installing and replacing inlet, outlet, and junction box structures, and improvements to two (2) open conveyance ditches. 1.2 SPECIAL CONDITIONS A. The governing specifications for the construction of this work are listed on the plan cover sheet and include, but are not limited to, the FDOT Standard Specifications for Road and Bridge Construction dated January 2023, City of Naples Utilities Specifications & Standards Manual, Collier County Right -of -Way Ordinances, and the Collier County Construction Standards Handbook for Work Within the Public Right -of -Way. B. OWNER will provide the following permits: SFWMD (ERP), US Army Corps of Engineers Permit and City of Naples (Sitework Permit). Any needed dewatering permit to be obtained by CONTRACTOR. C. Portions of the work may require dewatering. CONTRACTOR is required to apply to SFWMD for a no -notice dewatering permit if dewatering is needed. D. CONTRACTOR is required to maintain red line record drawings which detail all construction updated on a daily basis. This information will be provided to ENGINEER upon completion. This will be required in addition to the final as -built record survey which will be provided to OWNER at the completion of this work. E. At all times, CONTRACTOR shall remain aware that work on this project is occurring within an existing and functioning drainage corridor and that the onslaught of storm events shall necessitate the full use of the drainage ditch to allow conveyance of stormwater through the ditch into the Gordon River. Upon arrival of a major storm event, or a forecast of same, OWNER (Collier County) shall, at its sole discretion, request that CONTRACTOR clear the ditch channel cross-section of any and all obstructing jobsite construction items, including any materials, temporary formwork, scaffolding, to restore the existing drainage conveyance capacity of the ditch. Within 24 hours of such notification, OWNER SECTION 01010 PROJECT SUMMARY, SPECIAL COLLIER COUNTY CONDITIONS AND SCHEDULE SUPPLEMENTAL TECHNICAL SPECIFICATIONS Page 1 of 2 shall expect the CONTRACTOR to complete all necessary tasks and to fully comply with this directive. In the alternative, if the construction is at a particular phase which renders such a task difficult, or if other circumstances exist which prevent this course action, and these reasons have been previously communicated to OWNER and agreed to by OWNER, the CONTRACTOR may utilize bypass pumps or other alternate temporary methods to transfer stormwater to the downstream and maintain the effectiveness of that drainage link. Stand-by temporary pumps or other methods used for this purpose shall be capable of transferring at a minimum rate of 150 cubic feet per second. F. A geotechnical investigation may have been prepared by the COUNTY and ENGINEER in preparing the Contract Documents. The geotechnical investigation report may be examined for whatever value it may be considered to be worth. However, this information is not guaranteed as to its accuracy or completeness. The geotechnical investigation report is not part of the Contract Documents. The CONTRCATOR is to make any geotechnical investigations deemed necessary to determine actual site conditions. 1.3 SCHEDULE A. Please refer to the contract front-end documents for contract timeframe. END OF SECTION COLLIER COUNTY SUPPLEMENTAL TECHNICAL SPECIFICATIONS SECTION 01010 PROJECT SUMMARY, SPECIAL CONDITIONS AND SCHEDULE Page 2 of 2 SECTION 01026 MEASUREMENT AND PAYMENT Applies to Collier County Public Utilities Projects or Works and Utilities Portions of Collier County Transportation Projects, but not to Private Developments PART 1 GENERAL 1.1 SECTION INCLUDES A. Explanation and Definitions B. Requirement C. Measurement D. Savings Proposals E. Allowances F. Payment G. Schedule of Values 1.2 EXPLANATION AND DEFINITIONS A. The following explanation of the Measurement and Payment for the Bid Schedule items is made for information and guidance. The omission of reference to any item in this description shall not, however, alter the intent of the Bid Schedule or relieve the CONTRACTOR of the necessity of furnishing such as a part of the Contract. Measurement and payment for all the Contract items shall be made in accordance with this section or as modified by the Supplemental Terms and Conditions. 1.3 REQUIREMENT A. The CONTRACTOR shall receive and accept the compensation as provided in the Bid Form as full payment for furnishing all materials, labor, tools, equipment, and for performing all operations necessary to complete the WORK. B. The prices stated in the Bid Form include all costs and expenses for taxes, labor, equipment, materials, traffic control and maintenance, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the WORK as shown on the Drawings and specified SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Page 1 of 11 herein. The Basis for Payment for an item at the unit price shown shall be in accordance with the description of the item in this Section. C. The Unit Prices for the various items of WORK are intended to establish a total price for completing the WORK in its entirety. Should the CONTRACTOR feel that the costs for any items of WORK has not been established by the Bid Form and this Section, he shall include the costs for that WORK in a related WORK item or in some other applicable bid item, so that his proposal for the project reflects his total price for completing the WORK in its entirety. 1.4 MEASUREMENT A. The quantities set forth in the Bid Schedule are approximate and are given to establish a uniform basis for the comparison of bids. The COUNTY reserves the right to increase or decrease the quantity of any class or portion of the work during the progress of construction in accordance with the terms of the Contract. B. The quantities for payment under this Contract Agreement shall be determined by actual measurement of the completed items, in place, ready for service and accepted by the COUNTY, in accordance with the applicable method of measurement. A representative of the CONTRACTOR shall witness all field measurements. As built drawings shall reflect all changes so that field measurements will match the scaled plan drawings. 1.5 SAVINGS PROPOSALS A. The CONTRACTOR may make proposals to change the WORK, which result in savings in the cost to perform the WORK. When such proposals are made, they will be referred to the COUNTY for evaluation. If it is determined by the COUNTY that the proposal provides the same level of service and if the COUNTY accepts the change, the CONTRACTOR shall provide an estimate of the savings resulting from the proposed change. The COUNTY and the CONTRACTOR shall share equally in the savings after all costs for evaluation and review by the COUNTY have been deducted. A change order documenting the changes will be issued by the COUNTY to incorporate the changes including the savings through revised Unit Prices. 1.6 ALLOWANCES A. Allowances that may be included on the Bid Form will be performed in accordance with the General Conditions and will be paid for on the basis of the pre -approved Cost of the Work. B. Payment for items requiring excavation will be made at the Bid Form unit price for the size and type installed, which payment shall be full compensation for all excavation, including removal and proper disposal of rock, inorganic and organic unsuitable fill materials. Include the cost of removal and proper disposal of these materials in the item for which they are most closely associated. SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Page 2 of 11 1.7 PAYMENT A. Make payment for the items listed on the Bid Schedule on the basis of the work actually performed and completed; such work including, but not limited to, the furnishing of all necessary labor, materials, equipment, transportation, clean up, restoration of disturbed areas, and all other appurtenances to complete the construction. B. Unit prices are used as a means of computing the final figures for bid and Contract purposes, for periodic payments for work performed, for determining value of additions or deletions and wherever else reasonable. 1.8 SCHEDULE OF VALUES A. Approval of Schedule: Submit for approval a preliminary schedule of values, in duplicate, for all of the Work. Prepare preliminary schedule in accordance with the Supplemental Terms and Conditions. Submit preliminary schedule of values within ten (10) calendar days after the Effective Date of the Agreement. Submit final schedule of values in accordance with the Supplemental Terms and Conditions. B. Format: Utilize a format similar to the Table of Contents of the Project Specifications. Identify each line item with number and title of the major specification items. Identify site mobilization, bonds and insurance. Include within each line item a direct proportional amount of CONTRACTOR'S overhead profit. C. Revisions: With each Application for Payment, revise schedule to list approved Change Orders. PART 2 PRODUCTS Not used PART 3 MEASUREMENT AND PAYMENT 3.1 DEFINITION A. Make payment on the basis of work actually performed completing each item in the Bid; such work including, but not limited to, the furnishing of all necessary labor, materials, equipment, transportation, cleanup, and all other appurtenances to complete the construction and installation of the work to the configuration and extent as shown on the drawings and described in the specifications. Payment for each item includes compensation for cleanup and restorations. SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Page 3 of 11 3.1 GENERAL REQUIREMENTS EARTHWORK & SITEWORK A. (Item 1) Project Sign: Payment for providing the project signs will be made at the Contract unit price, based on number of signs installed in accordance with the Collier County specifications. B. (Item 2)Survey Layout, As -Built Survey & Maintain Record Drawings: Payment for providing all survey and as -built drawings will be made at the Contract lump sum price in accordance with Collier County specifications. A digital AutoCAD file of the as -built survey shall be provided to the Engineer of Record. C. (Item 3) Erosion and Sediment Control: Payment will be made at the Contract lump sum price for full compensation for all erosion and sedimentation control per Collier County and FDOT Section 104 and as specified herein. The Contract price assumes that the erosion control measures will be maintained throughout the life of the project. This includes silt fencing, inlet protection, turbidity barrier, etc. around the entire disturbed area as appropriate. D. (Item 4) Pre & Post Construction Video: Payment will be made at the Contract unit price for each. No more than 50% of the contract unit price will be paid for the Pre - Video and the remaining 50% will be paid upon completion of the work and subsequent videos. E. (Item 5) General Restoration: Measurement for various items covered under General Restoration will not be made for payment, and all items shall be included in the Contract lump sum price. Payment for general restoration will be made at the appropriate Contract Unit price per lump sum, and will be prorated based on percent complete. This item includes all labor and materials required for complete ROW to ROW restoration including clearing and grubbing, clean-up, grading (outside of swales), replacement of grass, sod, landscaping, and other surface materials not specifically designated in the Bid. This line item shall include all sodding required for ROW to ROW restoration including swales. Sod type shall be determined by the type of sod that constitutes 50% or more of the property to be restored. Please note that the Contractor is responsible for the upkeep and maintenance of all sod and landscaping during construction, including maintaining existing public and private irrigation systems in service. New sod and landscaping which is damaged or destroyed during construction shall be replaced at no additional cost to Collier County. All landscaping damaged or removed as part of the Contractor's operations must be replaced unless directed otherwise in writing by Collier County. Additionally, the Contractor must repair and replace all private and public irrigation facilities that are damaged or destroyed during construction. Any and all costs incurred by private parties from damaged irrigation lines shall be paid for by the Contractor. The security of the adjacent developed areas (golf maintenance areas) is of utmost importance, it has been assumed that the security fencing around each area will not need to be disturbed. If for some SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Page 4 of 11 unforeseen reason this fencing is disturbed, it is the contractor's responsibility to secure the properties in as good or better condition as exists to the satisfaction of the private property owners. Additional payment will not be made for any accommodation and should be accounted for in the restoration pay item. F. (Item 6) Clearing and Grubbing: Payment for clearing and grubbing will be made at the lump sum Contract unit price for full compensation for all clearing and grubbing activities per FDOT Section 110. The CONTRACTOR shall consider plan grades and field conditions when preparing its bid cost for this item. Work for this item should also include the removal of any debris from the site as well as the removal of all necessary irrigation lines and cutting and capping all remaining pipes at the work area edge. Payment will be made under FDOT Pay Item 110-1. (Note there are specific pay items that pertain or include the removal of concrete pipe, drainage structures and water mains). G. (Item 7) Riprap, Rubble, F&I, Ditch Lining_ Payment for this item will be made at the Contract unit price, in tons per FDOT Item 530-3. H. (Item 8) Regular Excavation — North Ditch Re -Grading: Payment for the re -grading of the North Ditch will be made out to the contract unit price, based on cubic yards of excavation per FDOT Item 120-1. Work for this item will include all the necessary earth excavation, fill placement, compaction, and grading of ditch bottom to achieve the design cross sections shown on the plans. Although the ENGINEER has provided a preliminary quantity estimate as a basis for this work, the CONTRACTOR shall bear the sole responsibility for all associated quantities and final bid cost for this item. (Item 9) Regular Excavation — South Ditch Re -Grading: Payment for the re -grading of the South Ditch will be made out to the Contract unit price, based on cubic yards of excavation per FDOT Item 120-1. Work for this item will include all the necessary earth excavation, fill placement, compaction, and grading of ditch bottom to achieve the design cross sections shown on the plans. Although the ENGINEER has provided a preliminary quantity estimate as a basis for this work, the CONTRACTOR shall bear the sole responsibility for all associated quantities and final bid cost for this item. (Item 10) Embankment — North Ditch: Payment for the North Ditch Embankment will be made at the Contract unit price, based on cubic yards of embankment per FDOT Item 120-6. Work for this item will include all the necessary fill placement, compaction, and grading of side slopes to achieve the design cross sections shown on the plans. Although the ENGINEER has provided a preliminary quantity estimate as a basis for this work, the CONTRACTOR shall bear the sole responsibility for all associated quantities and final bid cost for this item. K. (Item 11) Embankment — South Ditch: Payment for the South Ditch Embankment will be made at the Contract unit price, based on cubic yards of embankment per SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Page 5 of 11 FDOT Item 120-6 Work for this item will include all the necessary fill placement, compaction, and grading of side slopes to achieve the design cross sections shown on the plans. Although the ENGINEER has provided a preliminary quantity estimate as a basis for this work, the CONTRACTOR shall bear the sole responsibility for all associated quantities and final bid cost for this item. L. (Item 12) Bahia Sod - Installed: Payment shall be made at the Contract unit price, based on square yards of installed bahia sod per FDOT Item 570-1. This work shall include the final preparatory surface grading and placement of sod on ditch side slopes. CONTRACTOR may adjust the extent of sod side slope treatment based on field conditions, or to address localized side slope stability issues. Pay for this item can be prorated based on actual area coverage of installed sod. M. (Item 13)Armoring — Gabion Baskets f9 qa., rock -filled, fabric overlayl_Payment shall be made at the Contract unit price, based on cubic yards of installed Gabion Baskets. This work shall include the installation of geo-fabric underlayment and placement of gabions on ditch side slopes per design plans. CONTRACTOR may adjust the extent of gabions side slope treatment based on field conditions, or to address localized side slope stability issues. Pay for this item can be prorated based on actual volume of installed gabion treatment. N. (Item 14) Bollards: Payment for this item will be made at the Contract unit price, based on the number of bollards, acceptably installed. O. (Item 15) Mast Arm (including all work indicated on Sheet 9 of 15): Payment for Mast Arm will be made at the Contract lump sum price. Mast Arm will include all labor, equipment, and materials for bracing the existing mast arm or removing and replacing with a temporary signal pole and re -installing the mast arm. All CONTRACTOR invoices submitted for payment under Mast Arm shall include itemized details to substantiate the requested costs. P. (Item 16) Mobilization: Payment for mobilization and demobilization will be made at the Contract lump sum price, with 60% payment upon mobilization and 40% upon demobilization. Mobilization will include all preparatory work including signage and operations in mobilizing for the commencement of work on the project. This task also includes all necessary meetings for the project, including but not limited to: all meetings deemed necessary by the OWNER (Collier County), and all other public meetings required to complete the project in accordance with the contract documents. Demobilization includes all construction work and operations required for ending work on the project. All CONTRACTOR invoices submitted for payment under Mobilization and Demobilization shall include itemized details to substantiate the requested costs. Q. (Item 17) Maintenance of Traffic: Payment for maintenance of traffic in accordance with the COUNTY Maintenance of Traffic Policy will be made for at the Contract lump sum price per FDOT Item 102-1. SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Page 6 of 11 PAVING & GRADING A. (Item 1) Road Repair — Solana Road: Payment for this item shall be made at the Contract unit price, based on linear feet of road repair. Roads shall be restored to as is or better condition prior to excavation. B. (Item 2) Road Repair — Royal Poinciana Drive: Payment for this item shall be made at the Contract unit price, based on linear feet of road repair. Roads shall be restored to as is or better condition prior to excavation. DRAINAGE ITEMS A. (Item 1) 18" RCP: Payment for the installation of the eighteen (18) inch diameter RCP (Class III) pipe will be made at the Contract unit price, based on pipe length, and measured in linear feet per FDOT Item 430-175-118. Pay for this item can be prorated based on the actual length of RCP installed. B. (Item 2) 24" RCP: Payment for the installation of the twenty-four (24) inch diameter RCP (Class III) pipe will be made at the Contract unit price, based on pipe length, and measured in linear feet per FDOT Item 430-175-124. Pay for this item can be prorated based on the actual length of RCP installed. C. (Item 3) 30" RCP: Payment for the installation of the thirty (30) inch diameter RCP (Class III) pipe will be made at the Contract unit price, based on pipe length, and measured in linear feet per FDOT Item 430-175-130. Pay for this item can be prorated based on the actual length of RCP installed. D. (Item 4) 36" RCP: Payment for the installation of the thirty-six (36) inch diameter RCP (Class III) pipe will be made at the Contract unit price, based on pipe length, and measured in linear feet per FDOT Item 430-175-136. Pay for this item can be prorated based on the actual length of RCP installed. E. (Item 5) 48" RCP: Payment for the installation of the forty-eight (48) inch diameter RCP (Class III) pipe will be made at the Contract unit price, based on pipe length, and measured in linear feet per FDOT Item 430-175-148. Pay for this item can be prorated based on the actual length of RCP installed. F. (Item 6) 54" RCP: Payment for the installation of the fifty-four (54) inch diameter RCP (Class III) pipe will be made at the Contract unit price, based on pipe length, and measured in linear feet per FDOT Item 430-175-154. Pay for this item can be prorated based on the actual length of RCP installed. G. (Item 7) Drainage Pipe 36in Inline Check Valve (WS885-S) Payment for this item will be made at the Contract unit price, based on the number of 36in Inline Check Valves, acceptably installed. SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Page 7 of 11 H. (Item 8) Drainage Pipe 18in Inline Check Valve (WS440-5): Payment for this item will be made at the Contract unit price, based on the number of 18in Inline Check Valves, acceptably installed. I. (Item 9) Removal of 18" RCP and (1) Mitered End: Payment for the removal of the eighteen (18) inch diameter RCP pipe will be made at the Contract unit price, based on pipe length, and measured in linear feet. This line item includes the removal of (1) mitered end. Pay for this item can be prorated based on the actual length of RCP removed. J. (Item 10) Removal of 36" RCP and (11) Mitered End: Payment for the removal of the thirty-six (36) inch diameter RCP pipe will be made at the Contract unit price, based on pipe length, and measured in linear feet. This line item includes the removal of (1) mitered end. Pay for this item can be prorated based on the actual length of RCP removed. K. (Item 11) Removal of 48" RCP: Payment for the removal of the forty-eight (48) inch diameter RCP pipe will be made at the Contract unit price, based on pipe length, and measured in linear feet. Pay for this item can be prorated based on the actual length of RCP removed. L. (Item 12) 11' x 4' CBC: Payment for this item will be made at the Contract unit price, based on culvert length, and measured in linear feet in accordance with FDOT Specification Section 410. Pay for this item can be prorated based on the actual length of culvert acceptably installed. M. (Item 13) FDOT Type C Inlet: Payment for this item will be made at the Contract unit price, based on the number of Type "C" inlets per FDOT Item 425-1-521, acceptably installed. N. (Item 14) Install Straight End Wall: Payment for this item will be made at the Contract unit price, based on the number of End Walls, acceptably installed. This item shall cover the discharge outlet of the proposed 8' x 4' concrete box culvert. O. (Item 15) Maintenance Access Manhole: Payment for this item will be made at the Contract unit price, based on the number of manholes, acceptably installed. P. (Item 16) Remove Existing Junction Box: Payment for this item will be made at the Contract unit price, based on the number of existing junction boxes removed. Q. (Item 17) Install 8' x 4' CBC: Payment for this item will be made at the Contract unit price, based on culvert length, and measured in linear feet in accordance with FDOT Specification Section 410. Pay for this item can be prorated based on the actual length of culvert acceptably installed. SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Page 8 of 11 R. (Item 18)ype "H" Inlet: Payment for this item will be made at the Contract unit price, based on the number of Type "H" inlets per FDOT Item 425-1-531, acceptably installed. S. (Item 19) Mitered End Section, 18": Payment shall be made at the Contract unit price, based on number of mitered ends, acceptably installed. This item shall cover the discharge outlet of the proposed eighteen (18) inch diameter RCP discharge pipe. The mitered end shall be made of concrete, cast in place with finished surfaces sloped to match intersecting lake slopes. T. (Item 20) Mitered End Section, 30": Payment shall be made at the Contract unit price, based on number of mitered ends, acceptably installed. This item shall cover the discharge outlet of the proposed thirty (30) inch diameter RCP discharge pipe. The mitered end shall be made of concrete, cast in place with finished surfaces sloped to match intersecting lake slopes. U. (Item 21) Mitered End Section, 36": Payment shall be made at the Contract unit price, based on number of mitered ends, acceptably installed. This item shall cover the discharge outlet of the proposed thirty-six (36) inch diameter RCP discharge pipe. The mitered end shall be made of concrete, cast in place with finished surfaces sloped to match intersecting lake slopes. V. (Item 22) Install new cast -in -place Junction Box - Conc. Class IV, 6 x 16 IDS: Payment for this item will be made at the Contract unit price, based on volume, measured in cubic yards. W. (Item 23) Install new cast -in -place Junction Box - Conc. Class IV, 12 x 16 IDS: Payment for this item will be made at the Contract unit price, based on volume, measured in cubic yards. X. (Item 24) Conc. Class IV, Transition Sections (2): Payment for this item will be made at the Contract unit price, based on volume, measured in cubic yards. Y. (Item 25) Conc. Class IV, End Walls: Payment for this item will be made at the Contract unit price, based on volume, measured in cubic yards. Z. (Item 26) Reinforcing For Concrete — 6 x 16 IDS: Payment for this item will be made at the Contract unit price, based on weight, and measured in pounds in accordance with FDOT Specification Section 415. AA. (Item 27) Reinforcing For Concrete — 12 x 16 IDS: Payment for this item will be made at the Contract unit price, based on weight, and measured in pounds in accordance with FDOT Specification Section 415. BB. (Item 28) Reinforcing For Concrete — Transition Section: Payment for this item will be made at the Contract unit price, based on weight, and measured in pounds in accordance with FDOT Specification Section 415. SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Page 9 of 11 CC. (Item 29) Reinforcing For Concrete — End Walls: Payment for this item will be made at the Contract unit price, based on weight, and measured in pounds in accordance with FDOT Specification Section 415. DD. (Item 30) Install In -line Inlet Grate: Payment for this item will be made at the Contract unit price per each, based on the actual number of In -line Inlet Grates, acceptably installed. POTABLE WATER, WASTEWATER & FIRE A. (Item 1) Remove & Install 16" C900 DR14 PVC FM: Payment for the removal and installation of the DR 14 PVC pipe will be made at the contract unit price, based on pipe length, and measured in linear feet. Pay for this item can be prorated based on the actual length of DR 14 PVC removed and installed. B. (Item 2) Remove & Install 8" C900 DR14 PVC WM: Payment for the removal and installation of the DR 14 PVC pipe will be made at the contract unit price, based on pipe length, and measured in linear feet. Pay for this item can be prorated based on the actual length of DR 14 PVC removed and installed. C. (Item 3) 6" Water Main Assembly Payment for installing above ground water assembly will be made at the Contract unit price for each water assembly acceptably installed. This item includes all labor, equipment and materials for installing all necessary pipe, fittings, connections, gate valves, air release valves, pipe supports, and any other materials not specifically designated in the Bid, cleanup, testing and all other work for a complete installation. D. (Item 4) Relocate/Replace Hydrant Assembly Payment for the relocation or replacement of the fire hydrant assembly will be made at the Contract unit price, for each fire hydrant assembly acceptably installed. This item includes the tee installed on the utility main, all necessary fittings, joint restraint from the valve to the tee, necessary piping from the tee to the hydrant location with the installation of barrel section to meet finished grade, control gate valve, valve box and any concrete work. Be responsible to set the hydrant to grade in accordance with the detail shown on the plans. E. (Item 5) Potable Water, Wastewater, & Fire: Replace & Deflect 16" WM: Payment for replacing and deflecting 16-inch water main will be made at the Contract unit price for each water main acceptably installed. This item includes all labor, equipment, and materials for installing all necessary pipe, fittings, connections, gate valves, air release valves, pipe supports, and any other materials not specifically designated in the Bid, cleanup, testing and all other work for a complete installation. SECTION 01026 COLLIER COUNTY MEASUREMENT AND PAYMENT SUPPLEMENTAL TECHNICAL SPECIFICATIONS Page 10 of 11 END OF SECTION COLLIER COUNTY SUPPLEMENTAL TECHNICAL SPECIFICATIONS SECTION 01026 MEASUREMENT AND PAYMENT Page 11 of 11