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Agenda 08/22/2023 Item #16B 3 (Bid Veterns Memorial Boulevard Phase I - Proposed Noise Barrier Wall)08/22/2023 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (“ITB”) No. 23-8099, “Veterans Memorial Boulevard Phase I - Proposed Noise Barrier Wall,” to Coastal Concrete Products, LLC, in the amount of $1,941,993.75, and authorize the Chairman to sign the attached Agreement. ------------------------------------------------------------------------------------------------------------------------------- OBJECTIVE: To obtain Construction Services for the Veterans Memorial Boulevard Phase I - Proposed Noise Barrier Wall Project. (Project Number 60198) CONSIDERATIONS: In January 2020, as part of an environmental study for the Veterans Memorial Boulevard Extension Project (the “Project”), a noise study, which included a Preliminary Traffic Noise Technical Memorandum (“TNTM”), was completed for the Project. The Preliminary TNTM found that a noise barrier at Imperial Golf Estates would meet the noise reduction requirements but was not cost-reasonable. In February 2022, with the completion of the 100% plans for the Project, parameters based on the finished roadway elevations were added to the Traffic Noise Technical model. This updated the final TNTM, and a noise barrier was found to be a cost-reasonable and feasible abatement measure for the impacted noise-sensitive sites at Imperial Golf Estates. Therefore, the County will construct a noise wall for Imperial Golf Estates in Phase I of the Project. Due to the timing of the noise study completion, the wall was not included in the contract awarded to Quality Enterprises, USA (“QE”) for the construction of Veterans Memorial Boulevard Phase I. Staff attempted to negotiate a change order with QE for construction of the wall but could not agree on the cost. At the time, QE’s cost estimate was $1,919,445.15, which would have represented a significant change order, and far exceeded staff’s Opinion of Probable Construction Cost (“OPC”) of approximately $1,000,000. Accordingly, staff decided to let construction of the Imperial Golf Estates noise wall as a separate project, and utilized a County in-house design team to prepare the design and bid package for the wall and updated the OPC. On February 21, 2023, the Procurement Services Division advertised ITB No. 23-8099, “Veterans Memorial Boulevard Phase I - Proposed Noise Barrier Wall Project.” The County received two bids by the April 6, 2023, deadline as summarized below. Staff extended the bid deadline for an additional seven days and conducted additional vendor outreach to promote broader competition for this solicitation. Respondents: Company Name City County ST Total Bid Responsive/ Responsible Coastal Concrete Products, LLC Fort Myers Lee FL $1,941,993.75 Yes/Yes Wright Construction Group Fort Myers Lee FL $3,261,353.84 Yes/Yes Staff reviewed the bids received and deemed both responsive and responsible. Staff determined Coastal Concrete Products, LLC is the lowest responsive and responsible bidder and recommends that the attached agreement be awarded to Coastal Concrete, in the amount of $1,941,993.75. Coastal Concrete Products, LLC has been doing business in Florida since 2010 and holds multiple contracts with the County. The low bid is approximately 52 percent above the Staff’s final revised OPC of $1,275,455.00 (based upon local market conditions and recently awarded wall contracts) and 59% lower than the second bidder’s proposed cost of $3,261,353.84. The attached Design Entity Letter of Recommended Award outlines the staff’s detailed bid analysis. Also attached is Exhibit A, Staff’s alternative comparison based on the FDOT Statewide Averages. Staff, recommends that the contract be awarded to Coastal Concrete Products, LLC, for a total contract amount of $1,941,993.75. The parties (Collier County and Contractor) agree to amend the Agreement within no later than sixty (90) days of 16.B.3 Packet Pg. 529 08/22/2023 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, (all legislative changes with an effective date of July 1, 2023). FISCAL IMPACT: Funding in the amount of $1,941,993.75 is available for Project No. 60198. Fu nding will be provided by Road Impact Fees. The completed project can be expected to have the following operational and maintenance impacts: minimal to no maintenance costs are expected to be incurred within the first 5 to 7 years of service for the new n oise barrier wall and will be absorbed into the regular maintenance schedule thereafter. GROWTH MANAGEMENT IMPACT: The project is in conformance with the goals and objectives of the Transportation Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: That the Board award ITB No. 23-8099, “Veterans Memorial Boulevard Phase I - Proposed Noise Barrier Wall,” to Coastal Concrete Products, LLC, in the amount of $1,941,993.75, and authorize the Chairman to sign the attached Agreement. (Project 60198) Prepared By: Bee Thao, PE, Project Manager III (Licensed), Transportation Engineering Division. ATTACHMENT(S) 1. 23-8099 Solicitation (PDF) 2. 23-8099 NORA (PDF) 3. 23-8099 DELORA_IGE Wall_Rev (PDF) 4. 23-8099 Bid Tabulation (PDF) 5. 23-8099 Insurance_CoastalConcrete (PDF) 6. [Linked] 23-8099 VendorSigned_CoastalConcrete SB 346 (PDF) 16.B.3 Packet Pg. 530 08/22/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.3 Doc ID: 25559 Item Summary: Recommendation to award Invitation to Bid (“ITB”) No. 23-8099, “Veterans Memorial Boulevard Phase I - Proposed Noise Barrier Wall,” to Coastal Concrete Products, LLC, in the amount of $1,941,993.75, and authorize the Chairman to sign the attached Agreement. Meeting Date: 08/22/2023 Prepared by: Title: – Transportation Engineering Name: Bee Thao 06/15/2023 8:36 AM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 06/15/2023 8:36 AM Approved By: Review: Transportation Engineering Marlene Messam Additional Reviewer Completed 06/15/2023 8:40 AM Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 06/15/2023 8:46 AM Transportation Engineering Matthew Thomas Additional Reviewer Completed 06/15/2023 8:53 AM Transportation Engineering Mark McCleary Additional Reviewer Completed 06/15/2023 9:27 AM Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 06/15/2023 9:43 AM Procurement Services Sue Zimmerman Additional Reviewer Completed 06/15/2023 9:58 AM Transportation Engineering Jay Ahmad Additional Reviewer Completed 06/15/2023 12:08 PM Facilities Management Juan Delgado Additional Reviewer Completed 06/15/2023 1:24 PM Growth Management Community Development Department Lisa Taylor Additional Reviewer Completed 06/16/2023 4:15 PM Transportation Management Operations Support Tara Castillo Additional Reviewer Completed 06/19/2023 8:54 AM Transportation Management Services Department Trinity Scott Transportation Completed 06/19/2023 5:16 PM Procurement Services Sandra Herrera Procurement Director Review Completed 06/20/2023 8:41 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/22/2023 3:50 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/23/2023 8:31 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/23/2023 9:11 AM Community & Human Services Maggie Lopez Additional Reviewer Completed 06/29/2023 11:28 AM County Manager's Office Ed Finn Level 4 County Manager Review Completed 07/05/2023 4:13 PM 16.B.3 Packet Pg. 531 08/22/2023 Board of County Commissioners Geoffrey Willig Meeting Pending 08/22/2023 9:00 AM 16.B.3 Packet Pg. 532 Construction Solicitation Doc rev 04152022 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CONSTRUCTION INVITATION TO BID FOR VETERANS MEMORIAL BLVD - PHASE I PROPOSED NOISE BARRIER WALL SOLICITATION NO.: 23-8099 JUAN DELGADO, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8944 Juan.Delgado@colliercountyfl.gov (Email) This proposal solicitation document is prepared in a Microsoft Word format (Rev 8/22/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.B.3.a Packet Pg. 533 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) Construction Solicitation Doc rev 04152022 INVITATION TO BID - COUNTY BID NO. 23-8099 VETERANS MEMORIAL BLVD - PHASE I PROPOSED NOISE BARRIER WALL Sealed bids for the construction of Veterans Memorial Blvd - Phase I Proposed Noise Barrier Wall will be received electronically until 3:00 P.M. LOCAL TIME, on the 23rd day of March 2023, on the County’s online bidding system: https://www.bidsync.com/bidsync-cas/. All bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. The anticipated project budget is: $1,275,500. Bids shall be received online by the Bid Date of March 23rd, 2023 at 3:00 PM EST. No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Procurement Services Division website may not be accurate or current. Each bid shall be accompanied by a certified or cashier ’s check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts, and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shal l be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications, and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record an d ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one-hundred and fifty (150) calendar days from and after the Commencement Date specified in the Notice to Proceed. The final completion days include substantial completion days of one hundred and twenty (120) calendar days, with an additional thirty (30) calendar days to final completion. Should the Contractor fail to achieve Substantial Completion within the number of calendar days established herein, the Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand six hundred and ninety-four ($1,699) for each calendar day thereafter until Substantial Completion is achieved. Unless otherwise specified, work will be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not ex tend beyond one hundred eighty (180) days from the bid opening date without the consent of the Successful Bidder. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: /s/ Sandra Herrera Director, Procurement Services Division 16.B.3.a Packet Pg. 534 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) Construction Solicitation Doc rev 04152022 FORM 1 - BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA VETERANS MEMORIAL BLVD - PHASE I PROPOSED NOISE BARRIER WALL BID NO. 23-8099 Full Name of Bidder Main Business Address Place of Business Telephone No. Fax No. State Contractor's License # State of Florida Certificate of Authority Document Number Federal Tax Identification Number DUNS # CCR# Cage Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment spec ified 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 the Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it is being recognized that, since time is of the essence, Owner will suffer finan cial 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 the 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 the Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certifica tes, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize 16.B.3.a Packet Pg. 535 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) Construction Solicitation Doc rev 04152022 the above-noted liquidated damages as a penalty, which the parties agree represents a fair and reasonab le estimate of the 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 one hundred and twenty (120) 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 Authorized Agent Signature:______________________________________ Title:___________________________________________ Date:____________________________ 16.B.3.a Packet Pg. 536 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) Construction Solicitation Doc rev 04152022 FORM 2 - CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT VETERANS MEMORIAL BLVD - PHASE I PROPOSED NOISE BARRIER WALL Bid No. 23-8099 Name Personnel Category Construction Superintendent Project Manager 16.B.3.a Packet Pg. 537 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) 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 the 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 m aterials as specifically outlined in the Bid specifications. Company: _____________________________________________________________ Signature: ___________________________________________ Date: _________ Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: __________________________________________________-_________________ Signature:______________________________________________________ Date ________ 16.B.3.a Packet Pg. 538 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) Construction Solicitation Doc rev 04152022 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 th e 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 lice nses, certifications, registrations, and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Structural 2. Earthwork 3. Site Work 4. Identify other subcontractors that represent more than 10% of the price or that affect the critical path of the schedule Company: ___________________________________________________________________ Signature: __________________________________________________ Date: _________ 16.B.3.a Packet Pg. 539 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) 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. The Bidder is required to 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 of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (tit le) ________________________ $_____________ _________________ _________________________ (project start/completion dates) (contract value) (phone) (email) 2. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (ti tle) ________________________ $_____________ _________________ _________________________ (project start/completion dates) (contract value) (phone) (email) 3. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project start/completion dates) (contract value) (phone) (email) 16.B.3.a Packet Pg. 540 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) Construction Solicitation Doc rev 04152022 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER 4. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project completion date) (contract value) (phone) (email) 5. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project completion date) (contract value) (phone) (email) Company: ___________________________________________________________________ Signature: __________________________________________________ Date: _________ 16.B.3.a Packet Pg. 541 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) Construction Solicitation Doc rev 04152022 FORM 6 - TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR THE 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 Measure (Description) Units of Measure (LF, SY) Unit (Quantity) Unit Cost Extended Cost 1. 2. 3. 4. 5. TOTAL $ Company: __________________________________________________________________________ Signature: __________________________________________________ Date: ________________ 16.B.3.a Packet Pg. 542 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) FORM 7 - BID BOND THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONISBLE KNOW ALL MEN BY THESE PRESENTS, that we ______________________________________________ __________________________________________________(hereinafter called the Principal) and ____________________________________________, (herein called the Surety), a corporation chartered and existing under the laws of the State of _____________ with its principal offices in the city of ____________________ and authorized to do business in the State of ______________________ are held and firmly bound unto the __________________________________________________ (hereinafter called the Owner), in the full and just sum of ____________________________________________ dollars ($_________________) goo d 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. 23-8099 Veterans Memorial Blvd - Phase I Proposed Noise Barrier Wall. 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 $______________ 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 ______ day of ________________, 20 . Principal BY (Seal) Surety (Seal) Countersigned Appointed Producing Agent for 16.B.3.a Packet Pg. 543 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) 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 s eparate 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 an y 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. I f 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. 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 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 the Vendor from its insurer, and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage (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 Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(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 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. 16.B.3.a Packet Pg. 544 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) 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 Exe mption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. Employer’s Liability $_1,000,000____ single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $_1,000,000___single limit per occurrence, $2,000,000 aggregate for Bodily Injury 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 Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor 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 noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $ ___________ Per claim & in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence Cyber Liability $__________ Per Occurrence Technology Errors & Omissions $__________ Per Occurrence 16.B.3.a Packet Pg. 545 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) 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 Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed 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 inc lude 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 – 2/14/2023 ______________________________________________________________________________________________ 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 o f the award. 16.B.3.a Packet Pg. 546 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) 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 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. _____________________________________ Company Name _____________________________________ Signature ______________________________________________ Print Name and Title State of ___________________ County of _________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day of ____________ (month), (year), by (name of person acknowledging). _________________________________________ (Signature of Notary Public - State of Florida) ___________________________________________________ (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification ______________________________________ Type of Identification Produced 16.B.3.a Packet Pg. 547 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) 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 _____ day of _____________, 20__ in the County of _______________, in the State of _____________. 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: 16.B.3.a Packet Pg. 548 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) Additional Contact Information Send payments to: (required if different from above) Company name used as payee 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: 16.B.3.a Packet Pg. 549 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) FORM 11- IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm , and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor’s bid. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor’s bid or within five (5) day of the County’s Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR’S PROPOSAL/BID MAY DEEM THE VENDOR NON-RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor’s proposal/bid. _____________________________________ Company Name _____________________________________ Signature _____________________________________ Print Name and Title State of ___________________ County of _________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day of ____________ (month), (year), by (name of person acknowledging). _________________________________________ (Signature of Notary Public - State of Florida) __________________________________________________________ (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification ______________________________________ Type of Identification Produced 16.B.3.a Packet Pg. 550 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) 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 PROVIDE 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 online 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. l. Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. 9. Copies of the 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 the State of Florida (sunbiz.org) d. Copy of valid and current Florida General Contractor’s License e. Any other required professional licenses – valid and current (myfloridalicense.com) (i.e.: Underground Utility, and Excavation, Builders, Trade Contractors, etc., as applicable, requested , and/or required.) f. Vendor W-9 Form 10. If required, the amount of the Bid bond has been checked, and the Bid bond or cashier’s check has been submitted. 11. Any addenda have been signed and the acknowledgment 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. 16.B.3.a Packet Pg. 551 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) ***FOR REVIEW ONLY – NOT REQUIRED UNTILTHE AWARD IS MADE – PLEASE SEE CONSTRUCTION AGREEMENT*** EXHIBIT B-1: PUBLIC PAYMENT BOND VETERANS MEMORIAL BLVD - PHASE I PROPOSED NOISE BARRIER WALL Bond No. Contract No. 23-8099 KNOW ALL MEN BY THESE PRESENTS: That _______________________________ __________________________________________________________, as Principal, and _______________________________________________________________, as Surety, located at ______________________________________________________ (Business Address) are held and firmly bound to _______________________________ as Obligee in the sum of _________________________________________________ ($_____________) 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 ____________________________________ 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 _____ day of ______________ 20 , the name of each party being affixed, and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 16.B.3.a Packet Pg. 552 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _____day of ___________ 20___, by ____________________________, as __________________________ of _________________________________, a ___________ corporation, on behalf of the corporation. He/she is personally known to me OR has produced_____________ as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 16.B.3.a Packet Pg. 553 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ____ day of ___________________, 20 , by _______________________________________, as ___________________________ of ____________________________________ Surety, on behalf of Surety. He/She is personally known to me OR has produced _______________________________________ as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 16.B.3.a Packet Pg. 554 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) ***FOR REVIEW ONLY – NOT REQUIRED UNTIL THE AWARD IS MADE – PLEASE SEE CONSTRUCTION AGREEMENT*** EXHIBIT B-2: PUBLIC PERFORMANCE BOND VETERANS MEMORIAL BLVD - PHASE I PROPOSED NOISE BARRIER WALL Bond No. Contract No. 23-8099 KNOW ALL MEN BY THESE PRESENTS: That _______________________________ ________________________, as Principal, and ______________________________ _____________________________, as Surety, located at ______________________________________________________________________ (Business Address) are held and firmly bound to ________________________________________________, as Obligee in the sum of ______________________________________________________________________ ($_______________) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ____________ day of __________________________________, 20 , with Obligee for ______________________________________________________________________ in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs, and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise, it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates, and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. 16.B.3.a Packet Pg. 555 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of _______________, 20 , the name of each party being affixed, and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body. Signed, sealed, and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ____ day of ______________, 20 , by ___________________________________________, as _____________________________ of _________________________________, a ______________________ corporation, on behalf of the corporation. He/she is personally known to me OR has produced __________________________ ______________________ as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 16.B.3.a Packet Pg. 556 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ____ day of ______________, 20 , by _________________________, as ___________________ of _____________________________, a __________________________ Surety, on behalf of Surety. He/She is personally known to me OR has produced _____________________________ as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 16.B.3.a Packet Pg. 557 Attachment: 23-8099 Solicitation (25559 : Veterans Memorial Blvd Noise Wall) Notice of Recommended Award Solicitation: 23-8099 Title: Veterans Memorial Blvd Phase I – Proposed Noise Barrier Wall Due Date and Time: April 6th, 2023, at 3:00 PM EST Respondents: Company Name City County State Bid Amount Responsive/ Responsible Coastal Concrete Products, LLC Fort Myers Lee FL $1,941,993.75 Yes/Yes Wright Construction Group, Inc. Fort Myers Lee FL $3,261,353.84 Yes/Yes Utilized Local Vendor Preference: Yes No On February 21st, 2023, the Procurement Services Division issued Construction ITB No. 23-8099, Veterans Memorial Blvd Phase I – Proposed Noise Barrier Wall, to forty-four thousand nine hundred and forty-six (44,946) vendors. Sixty-five (65) vendors viewed the solicitation information, and County received two (2) bids by the April 6th, 2023, submission deadline as summarized above. Staff reviewed the bids received and found Coastal Concrete Products, LLC and Wright Construction Group, Inc. to be responsive and responsible. Coastal Concrete Products, LLC was contacted to resolve a minor irregularity. Staff recommends the contract be awarded to Coastal Concrete Products, LLC, the lowest responsive and responsible bidder, in the amount of $1,941,993.75. Contract Driven Purchase Order Driven Required Signatures Project Manager: Procurement Strategist: Procurement Services Director: __________________________________ _________________ Sandra Herrera Date DocuSign Envelope ID: 27DB50C4-0C6E-4913-8A9D-D6C8B7D0A705 5/23/2023 5/23/2023 5/23/2023 16.B.3.b Packet Pg. 558 Attachment: 23-8099 NORA (25559 : Veterans Memorial Blvd Noise Wall) 16.B.3.c Packet Pg. 559 Attachment: 23-8099 DELORA_IGE Wall_Rev (25559 : Veterans Memorial Blvd Noise Wall) 16.B.3.c Packet Pg. 560 Attachment: 23-8099 DELORA_IGE Wall_Rev (25559 : Veterans Memorial Blvd Noise Wall) PM: Bee Thao PS: Juan Delgado Notices Sent: 44,946 Downloaded: 65 Bids: 2 ITEM No.UNIT QUANTITY UNIT PRICE AMOUNT UNIT QUANTITY UNIT PRICE AMOUNT UNIT QUANTITY UNIT PRICE AMOUNT 101-1 LS 1 $105,000.00 $105,000.00 LS 1 $578,614.15 $578,614.15 LS 1 $50,000.00 $50,000.00 102-1 LS 1 $65,000.00 $65,000.00 LS 1 $235,902.02 $235,902.02 LS 1 $10,000.00 $10,000.00 110-1-1 LS 1 $84,000.00 $84,000.00 LS 1 $867,329.18 $867,329.18 LS 1 $10,000.00 $10,000.00 104-13-1 LF 4,000 $3.00 $12,000.00 LF 4,000 $2.00 $8,000.00 LF 4,000 $4.00 $16,000.00 534-72-101 SF 55,019 $27.25 $1,499,267.75 SF 55,019 $27.04 $1,487,713.76 SF 55,019 $20.00 $1,100,380.00 550-10-242 LF 51 $250.00 $12,750.00 LF 51 $124.00 $6,324.00 LF 51 $35.00 $1,785.00 550-60-223 EA 2 $4,200.00 $8,400.00 EA 2 $4,400.24 $8,800.48 EA 2 $4,000.00 $8,000.00 550-60-223-MODIFIED EA 1 $3,100.00 $3,100.00 EA 1 $2,600.15 $2,600.15 EA 1 $6,000.00 $6,000.00 570-1-2 SY 4,658 $22.00 $102,476.00 SY 4,658 $3.45 $16,070.10 SY 4,658 $5.00 $23,290.00 SUBTOTAL $1,891,993.75 SUBTOTAL $3,211,353.84 SUBTOTAL $1,225,455.00 CC-1000 T&M 1 $50,000.00 $50,000.00 T&M 1 $50,000.00 $50,000.00 T&M 1 $50,000.00 $50,000.00 BID TOTAL:$1,941,993.75 BID TOTAL:$3,261,353.84 BID TOTAL:$1,275,455.00 YES/NO YES/NO YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES*YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES * Minor Irregularity ROADWAY ALLOWANCE* E-Verify Profile Page or MOU SunBiz W-9 Copy of Valid and Current FL General Contractor's License Form 8: Insurance and Bonding Requirements Form 9: Conflict of Interest Affidavit Form 10: Vendor Declaration Statement Form 11: Immigration Affidavit Certification Form 12: Bidder's Checklist Addenda 1-5 Form 4: List of Major Subcontractors Form 5: Statement of Experience of Bidder Form 6: Trench Safety Act Form 7: Bid Bond Form 3: Material Manufacturers Wright Construction Group, Inc. Vendor Check List Bid Schedule Form 1: Bid Response Form Form 2: Contractor Key Personnel Engineer's Cost Estimate:Mark McCleary, PE 23-8099 VETERANS MEMORIAL BLVD. PHASE I - PROPOSED NOISE BARRIER WALL COLLIER COUNTY PROJECT NO. 60198 BID TABULATION CONTRACTOR:Coastal Concrete Products, LLC CONTRACTOR:Wright Construction Group, Inc. DESCRIPTION CONTRACTOR:CONTRACTOR:Coastal Concrete Products, LLC SUB-TOTAL: *Roadway Allowance is 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 Owner's Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change. MOBILIZATION MAINTENANCE OF TRAFFIC STANDARD CLEARING & GRUBBING STAKED SILT FENCE BARRIER WALL (14' H), INCLUDES FOUNDAION AND PAINT FENCING, TYPE B, 8' BLACK CHAIN LINK, VINYL COATING (COMPLETE) FENCE GATE, TYPE B, DOUBLE, 12.1'-18.0' OPENING FENCE GATE, TYPE B, DOUBLE, 8'HX6' OPENING PERFORMANCE TURF, (SOD) Opened: Kris Lopez / Date: April 6, 2023 Witness: Matt Catoe Page: 1 of 1 16.B.3.d Packet Pg. 561 Attachment: 23-8099 Bid Tabulation (25559 : Veterans Memorial Blvd Noise Wall) 16.B.3.e Packet Pg. 562 Attachment: 23-8099 Insurance_CoastalConcrete (25559 : Veterans Memorial Blvd Noise Wall) 16.B.3.e Packet Pg. 563 Attachment: 23-8099 Insurance_CoastalConcrete (25559 : Veterans Memorial Blvd Noise Wall) 16.B.3.e Packet Pg. 564 Attachment: 23-8099 Insurance_CoastalConcrete (25559 : Veterans Memorial Blvd Noise Wall) 16.B.3.e Packet Pg. 565 Attachment: 23-8099 Insurance_CoastalConcrete (25559 : Veterans Memorial Blvd Noise Wall) 16.B.3.e Packet Pg. 566 Attachment: 23-8099 Insurance_CoastalConcrete (25559 : Veterans Memorial Blvd Noise Wall) 16.B.3.e Packet Pg. 567 Attachment: 23-8099 Insurance_CoastalConcrete (25559 : Veterans Memorial Blvd Noise Wall) 16.B.3.e Packet Pg. 568 Attachment: 23-8099 Insurance_CoastalConcrete (25559 : Veterans Memorial Blvd Noise Wall) 16.B.3.e Packet Pg. 569 Attachment: 23-8099 Insurance_CoastalConcrete (25559 : Veterans Memorial Blvd Noise Wall) 16.B.3.e Packet Pg. 570 Attachment: 23-8099 Insurance_CoastalConcrete (25559 : Veterans Memorial Blvd Noise Wall) CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with COASTAL CONCRETE PRODUCTS, LI_C ("Contractor") of 7742 Alico Rd, Fort Myers FL 33912, a Florida limited liability company, authorized to do business in the State of Florida, to perform all work ("Work") in connection with "VETERANS MEMORIAL BLVD - PHASE I PROPOSED NOISE BARRIER WALL," Invitation to Bid No, 23.8099 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Mark McCleary, PE, 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 G 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: One Million Nine Hundred Forty -One Thousand Nine Hundred Ninety -Three Dollars and Seventy -Five Cents ($1,941,993.75). 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,-qov/c570/c570,html#certified. Should the Contract Amount be less 1 ConstruetionServicusAgreement 12022_ver.31 CN 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 one hundred twenty (120) 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 moan the Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. 8. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand Six Hundred Ninety -Four Dollars ($1,694) 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 Constructlon Servloes Agrndmcnt' (2022_vsr.3] CA 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. C. 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 Incoreorated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation No. 23-8099 "VETERANS MEMORIAL_ BLVD - PHASE I PROPOSED NOISE BARRIER WALL." 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 Band Forms ❑ Not Applicable Exhibit B-3: Insurance Requirements Exhibit C- Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 �+ Construcllon Servlws Agreement, t2022_v4r.3] 00 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 Z Applicable ❑ Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation No. 23-8099 "VETERANS MEMORIAL BLVD � PHASE PROPOSED NOISE BARRIER WALL." The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https:l/www.bidsync.com/bidsync-casl, 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 online bidding. ❑Exhibit J: Technical Specifications ]Exhibit K; Permits ®Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: Mark McCleary, PE Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Transportation Engineering 2885 South Horseshoe Drive Naples, FL 34104 Attn: Bee Thao, Project Manager III Phone: (239) 252-5844 Email: Bee. Thao@7a Coll ierCountyFL.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: COASTAL CONCRETE PRODUCTS, L,L.0 7742 Alico Road Fort Myers, Fl- 33912 Attn: David Torres, Manager Secondary Contact: Martiza Aguiar Phone: (904) 762-44541(239) 404-8705 Email: David a@torrescompanies,com / maguiar@coastalconcreteproducts.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 CX0 Construction Services Agroemartt� [2022 ver_3] 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 Assians. 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 Aareement. 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 AgreePnenl: [2022_ver.31 cNo Section 15, Change Order Authorization, The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained In this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortlus 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 udder the Contract Documents upon the Contractor at Owner's discretion. Remainder of page intentionally left blank s Construction Services Agreement, [2022 ver.3] IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TW WITNESSES: 1 FIRS ITNESS Ili{ Print Name l S/EtCOND WI,T///N__ESS Print Name Date: o� ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller M Approved as to Form and Legality: County Attorney Print Name CONTRACTOR: COASTAL CONCRETE PRODUCTS, LLC By: I Print Name and Titler"ClDate BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Rick LoCastro, Chairman Construction Services Agreement: [2022_ver.3] 4 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE} Construction Services Agreement; j2022 ver_31 CNO WD 23-8095 VETERANS MEMONAL BLVD. PHASE I - PROPOSED NOISE BARRIER WALL COLLIER COUNTY PROJECT NO. 60198 DID SCMEWLE ms, 101-1 MOBILIZATION LS 1 $105,000.00, S105,000.00 102-1 MAINTENANCE OF TRAFFIC LS 1 i 06.000.00, $06.000,00 110-1-1 STANDARD CLEARING & GRUDDINQ LS 1 $84.000,00 384,0=00 104-13-1 STAKED SILT FENCE Lr 416DO S3.00 $12,000,00 534--72-101 BARRIER WALL (14- H), INCLUDES FOUNPAION AND PAINT $F 65,010 $27.26 S1,499.267.76 680-10-242 FENCING, TYPE R. 8'BLACK CHAIN LINK, VINYL COATING (COMPLETE} LF 51 S280,00 $12,7150,00 550.80-223 FENCE GATE, TYPE B, 13PUBLE, 2 $4,200.00 ".00.00 550-BO-223-MODIFIM FENCE GATE, TYPE B, 001LIBLE, 81MV OPENING EA I S3,110D.00 0,1oo,00 570.1-2 PERFORMANCE TURF, (SOD) SY 4,866 $22.00 6102.476.00 SUB -TOTAL: SIA91,903.15 00-I4D0 1110AUWAYALLOWANOV TaM 1 550,000.00 'Roadway Allowance Is for Owners Use as Direoled, This Morwance YAN be used only of the Owners direction to accomplish work due to unforeseen condillana Andlor as directed by the Owner. Inclusion of the Allowance as pad of IN Contract Prico Is not a guarantee that Ilia CoMrsdor will he paid any portion or the 1`01 amount of 1ha McN"rce. Experid1luras of Owner's Allowance will be made through Change Order YAth proper documealallon of Time and Materials suppe6rig Ilho change. COASTALCONC6ETE CONTRACTOR: PRODUMS, LLQ VISA DATE: Ve n 0 o r Check LI6I . :- , YE,91NC) Oftl 80110dule Form 1, Bid Responso Form Farm 2; Contractor Key Personnel Form 3: Material Manufacturers Form 4! List of Ma or Manufacturers form 5: Staternent of Experlenco of Bidder Form 6; TrerichSAfety Act Form 1: Bid Bond Form 8; Insurarlte and 130ndlnR Requirernerits 1"o rrn 9, conflict of Interest Affidavit Form 10,, Vendor Deoloration Stdtomont Form 11: Immlgration Affidavit Cartinestion Form 12: 1310der's Checklist Addenda E5-Ver[!y ProMe Piano or MOU Surift W-9 Copy of Valid and Current FL General Contractors License CA-0 EXHIBITA-2; CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Servlces Agreement; j2022_ver,3) cpo Cofer County Procurement Services Division Email! ]uan.Delgado rr colliercountyFl.gpv Telephone: (239) 252-8944 Addendum 01 Date: February 23, 2023 From: Juan Delgado, Procurement Strategist To: Interested Bidders Subject: Addendum #I: Solicitation 423-8099 Veterans Memorial Blvd Phase I - Proposed Noise Barrier Wall The following changes are made to the above-mentiorted Collier County solicitation; This Addendum is to add a non -mandatory pro -bid conference: PRE -BID CONFERENCE DATE/TIME: FRIDAY, MARCH 3R11, 2023, at l 1:00 AM EST LOCATION: Procurement Services Division, Building C-2 —Conference Room A 3295 Tamiami Trail East, Naples, Florida 34112 If you require additional information, please post it question on our Bid Sync (wwvr.bidsync.eam� bidding platform under the solicitation for this project. Please 'fxn below sand return a cop of this Addendum with your submittal for the above refe ncedN H ito n. David D, Torres - Manager 03/23/2023 (Slgnatur� Coal Concrete Products, LLC dame of Firma) DMU C of lerr nu-ftty Prom rementService$ Division Date: March 10, 2023 Email: Junn.Delgado ct colliercottntyn.gov Telephone: (239) 252-8944 Addeaclum #2 I+rom; Juan Delgado, Procurement Strategisl To: Interested Bidders Subject: Addendum 42: Solicitation 423-8099 Veterans Memorial Blvd Phase I - Proposed Noise Ban'ier Wail The following changes are made to the above -mentioned Collier County solicitation: This Addendum is to add docurents For reference purposes per Question #5: Added documents: 23-8099 Reference 472-134.01 VMB Phase II - Addendum DS.pdf • 23-8099 Reference d72-134.01 VMB Phase 1 - Geotechnical Report T)S.pdf If you require additional information, please post a question on our aid Sync (w",.bidgnc.eom) bidding platform under the solicitation for this project. Plense , low and return a copy of this Addendum with your submittal for the above referedeed / 03/23/2023 (Signature) Date Coastal oncrete Products, LLC (Natne ofFirtn) CAO Coder C074r1_ty Procurement Services Division Date; March 14, 2023 Email: Juan .Del gador colIiercotmtyn.gov Telephone: (239) 252-8944 Addendum 93 From: Juan Delgado, Procurement Strategist To: Interested [Bidders Subject: Addendum 93: Solicitation #23.8099 Veterans Memorial Blvd Phase 1 - Proposed Noise Harrier Wall The following changes are made to the above -mentioned Collier County solicitation: This Addendum is to add a document requested per Question €f9. Added documents: a 23-8099 Pre -Bid Meeting Sign -In shect,pdf if you: require additional information, please post a question can our Bid Sync (www,hidsync,com) bidding platform under the solicitation for this project. Pieq n below Ind ret�s) espy of this Addendum wily your submitt:0 for the above C �stalncrete Products, Ll-C (Name of Firm) - Manager 03/2312023 Date CAo CiAler COUnty Procurarnant Services Division Date, March 23, 2023 Email:.Juan.Delgado@colliercountyfl.gov Telephone: (239) 252-8944 Addendum #4 From; Juan Delgado, Procurement Strategist To: Interested Bidders Subject, Addendum U 4 Solicitation #: 23-8099 Veterans Memorial Blvd I'hnse. T - Proposed Noise Barrier Wall 1'he following, clarifications are Issued as an adclendLIM: Change l: The bid due date and the Q & A deadline have been extended as follows, QUESTION AND ANSWER HEADLINE: " ;023 ! c:nn non r_ ear to Thursday, March 301". 2023, at 5:00 PM LST BID OPENING DAYIDAT)VI`I'TME- rd 2924, at 399 PM AS 7 to Thursday, April 6t11, 2023, at 3,00 PM EST If you require additional inrormation, please post a question on our Sid Sync (www.bidsync.corn) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above- t'efc�'eriCe�oLicitttti.ort. t '' David E. Torres - Manager 04/0612023 {Signatur [7 tic Coastal Concrete Products, LLC dba Coastal Site Development (Name of Firm) PLO COVICY CaU.ivtty Procurement Services Division Bate: Apri 14, 2023 Email:]trarr.Dalgado[6colliercountytl.gov Telephone: (239) 252-8944 Addendum 05 'front: Juan Delgado, Procurement Strategist To; interested 13iddurs Subject: Addondurn #5 Soficitation# 23-8099 Veterans Memorial Blvd Phase 1 - Proposed Noise Barrier Wall The following clarifications are issued as an addendum: 'this Addendum has been issued for the following items identifying clarifications, changes, deletions. and/or additions to the scope of work andlor the solicitation documents for the above referenced SOliCit8Lio17: The following clarifications arr: being made in response to questions posted on the County's bidding platform, and are hereby incorporated into the bid. Question 1 Can additional detail be provided with regards to existing utilities in conflict with the wall. Roadway plan5 show Collier County Traffic Operations as well as a buried fiber optic and other lines in netr vicinity of wall linework. Keep in mind wall footers will be lintel wider thiin wall line shown. Any asbuilts showing the depth ofthose existing utilities would be helpful. (f deep, they may be below foundation depths. Answer Known utilities are as shown in the reference plans and the proposed noise barrier wall plans. The Veterans Mernoriai Blvd - Phase I as -bunts for this segment of the project is being assembled. Once completed, if it's still within the advertising, time frame, the County will provide it to the potential proposers in a separate addendum. Please be advised that the contractor is responsible to verify all existing utilities prior to the commencement of work per the solicitation package, Question 2 Also related to existing utilities, has the County considered relocating the wall closer to tho sidewalk to avoid such conflicts. Answer To Millin112e Utility Confl ICtS, the proposed noise barrier wall alignment was incorporated into the design process of the Design-Bui Id Veterans Memorial Blvd Phase I project. Ary other location will increase the potential for utility conflicts. The proximity to the underground utilities was considered with the siting; of the wall; however, the contractor is responsibl4 for verifying all utilities prior to the commencement of work per the solicitation package. CAO Question 4 Wall plans call for a single 14' panel, Would panel combinations (8' and G') be considered Answer The contractor shall achieve an overall height of IR #A, The aesthetic of the wall and future maintenance is vital to the County, and the contractor shall provide a finished product given these considerations, The plans are conceptual and means and methods are at the contractor's discretion. Question 11 The plans show an 8-foot-high chain link fence that is about 40 feet longthat connects the proposed stew wall for Imperial with the existing 5ecoya Reserve wall. Did the County consider extending the noise wall so that it ties in directly to the 5ecoya Reserve wall? Ifthe County is not going to extend the new wall to tie into the wall at Secoya Reserve, is it passible for the County to specify a gate for accesx because a gate exists there now that is used for maintenance? Also, if fence is going to be installed is it possible to have plastic slats installed in between the chain links to provide visual privacy for 5ecoya and Imperial? Answer No. The wall is to stay within the roadway Right -of -Way, slaying parallel to the roadway. All lie - ins at the west and East end of the project limits will be chain -linked fences, matching the existing lie -in method. 'fhe Lust end has a few conflicting utilities; thercf'ore, a gate was not provided. However, two new gates will be required at the middle of the wall, a single sate at the stagger in the wall, and a double gate entrance at the West end. This allows the Maintenance crews to access the wall for maintenance purposes via the ttvo gales. The plans do not call for plastic sials. None are pin„nccl at this lime. Question 12 Is the easement to the south nfthe fence available to use as the area to construct from? Answer Means and methods are up to the contractor. In accordance with the Terms and Conditions of the Solicitation Package, please be advised that arty disturbed areas outside of the plans' Iimits will he restored to their pre -construction conditions prior to closing out the project. If you require additional information, please post a question on our Bid Sync (www.bidsyno.co) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referencctl David E. Torres - Manager 04I0612023 (Signature) ❑atc Coastal Concrete Products, LLC dba Coastal Site Development (Name of Firm) CAA FORM I -BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA VETERANS MEMORIAL BLVD - PHASE I PROPOSED NOISE BARRIE, R WALL. BID NO, 23-8099 Full Name of Bidder Coastal Concrete Products,_LLC Main Business Address 7742 Alic❑ Road, Fort M=, FL 33912 Place of Business_ 77 42 Alico Road, FoAl1[lyers., EL 33912_ Telephone No. 239.208.4079 Fax No. 23 ..3M4,1399 State Contractor's License t€_ CGC1519460 Mate of Florida Certificates of Authority Document Number L110000107847 federal Tax Identification Number 27-3688514 DUNS P CCR# Cage Code TO: BODED OF COUNTY COMN❑SSIONERS 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 will} any other person, firm or corporation; that it leas carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents find 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, acid 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 %vill lake full payment the sums set forth in the following Bid Schedule: Unit prices slinll be provided in no more than tiva decimal points, and in the case where further dechnat points are inadvertently provided, rounding to two decimal paints wifi be conducted by Procurement Services Division Staff. Upon notification thal its Bid has been awarded, Clio Successful Bidder will execute the Agreomerit form attached to the Bidding Documents within ten (1 U) 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 tho property of the Owner in the event the Agreement, Insurance Certificates, and Bonds are not executed and delivered to the Owner within tho time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it is being recognized that, since time is ofthe essence, Owner will suffer financial loss if the Successful SIdder falls to execute and deliver to Owner the required Agreement, Insurance Certificates and Bands within the required time period. In the event orsuch failure, the total amount of the Owner's damages will be difficult, if not inipossible, to definitely ascertain, and quantify. it is hereby agreed that it is appropriate and fair that the Owner receive liquidated damages from the Successful Bidder in the event It rails to execute and deliver the Agreement, insurance Certificates, and Bonds as required herounder, The Successrul Bidder hemby expressly waives and relinquishes any right Whiclt it may have to seek to characterize Consirtictfon Solicitation Doc rev 04152022 z='AO 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 bidding if the Successful Bidder Fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner, Upon receipt ol'the signed and approved agreement and f urchnse Order, the undersigned proposes to commence work at the site within five (5) calendar days from the cOntntCnCell) OnI dote stipulated in the wrirten Nosier to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of modified (later) commencement date. The undersigned further agrees to subsiantinlly complete all work covered by this Did Within one hundred and twenty (120) consecutive calendar days, con puled by excluding the commencement date nzid including the lass day of such period. and to be flally completed to the pointof 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 Authorized Agent slgi arc: David E. Torres Title: M aggBr Date: 03/2312023 Construction Solicitation Doc rev 04152022 CAQ FORM 2 - CONTRACTOR'S KEG' PERSONNEL ASSIGNED TO THE PROJECT VETERANS MEMORIAL BLVD - PHASE i PROPOSED NOISE BARRIER WALL Bid No. 23-8099 Tim Winschel Construction Superintendent Alejandro Navarro Project Manager Construction Solicitation Doc rev 04162022 010 FORM 3 - MATERIAL MAMUi♦ACTURCRS THIS FORM MUST BE COMPLIKiTEA OR BID MAYBE DEEMED NON -RESPONSIVE All Bidders shall confirm by signalure that they will provide the nianufacturem and ninterials 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. Cxceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. Iran 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 fibrtn does not constitute acceptance of (lie material proposed on this list_ Complete and sign section A Olt 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 Rid specifications. 9*"Fr 6LS 11'5tt-0 4W101-'J . Company: Coastal Concrete Products, LLC sip?urrequestcd(O David E. Torres - Manager Dame. 03/23/2023 Section R (Exeecifications rnanuracturers and materials) FXCFPTION_MATERIAL pez- 2. tl� 3. 4. 5. Please insert additional pages as necessary, Company: Coastal Concrete Products, LLC Signatur Construe#ion 8oficitafion Dac rev 04152022 EXCEPTION MANUFACTURER LA-C.. David E. Torres - Manager D11tc 03i23/2023 FORM 4 - LIST OF MAJOR SUBCONTRACTORS T11IS FORM MUST BE COMPLETE- D Oil BID MAY UK' DEEMKD NON -RESPONSIVE The ►ntidersigned states that the Wlowing 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 ilia major enlegories listed herein are "qualified" (as defined in Ordinance 2017-08 and Section lS of Instructions to Bidders) and meet all legal requirements applioablc to and necessitated by the Cantrnct Documents, including, but not limited to proper liccnsas, certifioations, registrations, and insurance covemp. The Owner reserves the rigltt to disqualiry any Bidder who includes non -compliant or non -qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to removelroplaee 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 Didder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that al I Subcon(ractoi-s subsequently identified for any portion of work on (his Prajcct must be qualified as noted above. Major Category of Work Subcontractor and Address 1, Structural 2. Earthwark 3, Site Work 4. Identify other subcontractors llist represent more than 10% of the price or that affect the critical. path of the schedule To be determined Gontpa„y: Coastal Concrete Products, LLC Sign Construction Solicitation Doc tat+ 04152022 eager Date:03123/2023 AMC FORM 5 - STATEKENT OF EXPER1l;NCE OF BIDDER 'rHis uoRM musT BE COMPLLTED Odt WID MAY BE DEEMED NON-RESPONSIVE/N0N- RESPONSIBLE. The Bidder is required provide five (5) project reforences, stated below, of what work of similar magnitude completed within the last five (5) years is a judge of its experience, shill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. I, Sanders Fine 2, 3 (project name) Immokalee, FL (project location) Precast Concrale Fence, Sidewalk Improvement, and -G dlog (project description) 2020 / 2021 226,950.00 (project starUcompletion dates) (contract value) F. Terry Wall (protect name) E. Terry Bonita Springs (project location) Perimeter Wall/ Concrete Sidewalk (project desctiption) 2022/2022 234,135.00 (project start/completion dates) (contract Veltre) Royal Palm Polo Perimeter Wall (project name) Boca Raton, FL (project location) Perimeter Wall (project description) 2018 555.696.00 (project start/completion dates) (contract vahle) Construction 5ollcrtation Doc rev 04152022 Rural Neighborhood (project owner) 2449 Sanders Pines Circle, Immakalee, FL 34142 (owner's address) Dottie Cook (Owner's contact person) (title) 239.324.0317 (phonc) (entail) City of Bonita Springs (project Owner) 9101 Bonita Beath Roed,Bonita Springs Florlda 34135 (owner's address) ,ioel Langaney (Owner's contact person) (title) _._... 239.949.6242 Joel,langaney@cityofbonitasprings.org (phone) (email) Centerline Utilities (project owner) (Owner's address) Fred Chesney (Owner's contact person) 561-689-3917 (phone) (email) (title) CAA FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER 4. Haldeman's Landing Wall Concrete Wall Co (project flame) (project owner) Naples, FL _ (project location) (Owner's address) Concrete Barrier Wal! Charles Cook (project description) — ---- - (Owner's contact person) - (title) 2018 $189,632.00 239.822.1508 (project completioii dftte) (contreet V81Lie) (phone) (emuil) $` Sapphire Gave Perimeter Wall FL Star Construction, LLC (project name) (project owner) Maples FL 3520 Kraft Rd, Naples, Fl. 34105 (project location) Perimeter Wall/ Concrete Sidewalk (project description) 2021 (project completion date) $ 1,0, Wa' (contract vmtue) comaanv: Coastal Concrete Products, LLC Conslrticlron Solicitafion Doc rev 04152022 (Owner's address) Gary Hains (Okvner's contact person) (title) 239.821.8815 PI (phone) (emt Manager Date, 03/23/2023 CAa FORM G - TRENCH SAFETY ACTT THIS FORM MUST BE C:OMPLCTED ORTHC BID MAY BE DEEMED NON -RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are, casts For complying with the Florida Trench Safety Act (90-96, Laws arFlorida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below; Trench Safety Units of Unit U]ilt Extended Cost Measure Measure(Quantity) Cost (Description) GIF, SY) Overall Trench I. Safety LS 1S'6 _c5 2. 3, 4. 5. TOTAL $ Company: Coastal Concrete Products, LLC Slglisture; 0! David E. Torres - Manager Dma; 0312W2023 Construction Solicitation Doc rev 04152022 CA Q TFORM 7 - BIB BOIL!II THIS FORM MUST BE COMPLETER OR BILL MAY BF UF.BMEA NON-RESPONSIVE;fNON- RESPONISSLI+. KNOW ALL Iv1'fsit! BY TIJUSIY PRLSLNTS, that we . Coastal Concrete Products. LLG-dbe Coastal-Sile aviatapment (horeinuiter belied the Principal) mild _ The Hanover Insuranc@Gqm�d arly . (herein celled the Surcty), a corporation chartered an axlsling under the laws ofthe State of New Flampshlre with its prinCipal offices In the city of VVarcaS.ef MA. ,-, and authorized to do business in LhC State OF rlorlda _ um held and firmly bound unlu the Board of County commisaloners,Q( of Ier unto, Floflda 0011einafler calfcd lhC O%Vner), in the full and,jult sum Of Five Percent of P1gLgynt Bid— . _ dollars ($s%gf Amyua iJ3 d ) good and lawful money of the United Stator of America, lobe paid upon domend of the Owner, to which payment well and truly tea ba made, tltn Principal and ilia Surety bind themselves, their lleit's, and exectitors, administrators, anti assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment, and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Rid No. 23-8099 Veterans Memorial Blvd - Phase I Proposed Noise Barrier Wall. NOW, TEIF?RE ORE, it- (lie Owner shall accept the Hid of the PRINCIPAL, and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the torms of suoh Hid, and give such bond or bonds in an amount of lilt % the total Contract Amatutit as specified in the ldiddiligDoeumentsor(:nntract Docurnents with good and sufficient surety for thefaithrul performanu orlho Agreement and for the prompt payment of labor, materials and supplies famished in the proscoution lhercofor, in the eve t of the . failure of the PRINCLPIU, to enter into such Agreement or to give such bondo r bonds, and deliver to dwncr,(1AA4di�{d �I{f Ceriiiicatesof insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sarn ol'$ 5° YAmourkL; id,t�o\�il,ab�j�F',+:',t', as liquidated damages, and not as a penalty, as provided in the Bidding 1700uments, thcri psis obligatioirshAll>he null and ''- void otherwise to remain in Lull force and effect. ' ,; r :Ica IN TESTIMONY Thernol`, the Principal and Surety have caused those presents to be duly sigttet�.ttlnd sealoQ INS n a { ., 77Ih _ day of March 20 23 \\i ___ lit'• l lFT 49 r, ry Coastal Concrete Products, t_L.C_dt1F1_ oa.%taL.SIICJ] �yy Principal �, `4` 13Y l�+Itr • 1 A2 fT ZUYf lCla' � (Seal) �7 � !Ski E' ; RSl I � tY ��, r 1 •� � { tirt��' Wad M. Alter, AthfrneyTn-Fart fjj� C 011I1tersigned _ 7!! i —_-- _ Warren M. Allar, Fioikle Licensed Allar, Insurance Agent AppoinLed ProduoingAgentfar yThe�leanoy r ry CAO THE HANOVERINSURANCE COMPANY MASSACHUSETTS DAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWkA OFAT•TORNJ:Y THIS Powsr of Attorney limits the acts of those named herein, end they have no authority to bind the Company excopt In the manner and to the extent hergEn stated, KNOW ALL PERSONS BY THESE PRESENTS' Thal THE HANOVER INSURANCE COMPANY and MASSACHUSETTS DAY INSURANCE COMPANY, both being corporations organized and existing under the Eews of the Stale of New Hampshire, and CITIZENS INSURANCE COMPANY Or AMERICA. a corporation organized and existing under Ilia laws of the Slate of Michigan. (herelnafief Indlvidually and collectively the "Company') does hereby canstltuta and appoint, Warren M, Alter andlor David T. Satino O( Alter Surety Group Inc. of Miaml Lakes, EL each Individually, If share be more than one named, as its true and lawful atlorney(s)•In-fact to sign, execute, seal, acknowledge and deliver far, end fin its behalf, and as its act and dead any place wilhln the United Stales, any and all surely bonds, recognixancus, undoriakings, or other surely obligations. Tha execullon of such surety bonds, recognizances, undertakings or surety obligations, ih pursuance of tlime presents, shall be as hlnding upon the Company as if Ihoy had been duly signed by the president and atte5jed by the seorelnry of Iho Company, in their own proper persons. Provided however, Mot this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except In Ilia maroerstaled and to 1ho extent of any Iimilallon slated below: Any such obligations in the UnRod states, not to exceed Twenty Milllon and No1100 (S20,000,000) In any angle Instance That ihls power is mode and executed pursuant to the authority of the foRowin4 Resolullons passed by the Board of Oireclors of sold Company, and said Resolullons ramaln in full force and effeoh RESOLVED: That the President or any Vice President, In conjunction with any Vice President, he and they hereby are aulhorized and empowered to appolnt Allorneys-In-farl of the Company, in Its name and as it acts, to execute and acknowledge for and an (is behalf as surety, any and 81t bands, recagnizancoS, Conlrects Cf lndemnity, welvers of cltatlon and all alherwrilings obligatory in the nature thereof, with power to allach lharato the seal of the Company. Any such writings so executed by such Attorneys-ln-fact shall be binding upon the Company as If they had been duly executed and acknowledged by the regularly elected officers of the Company in their own pfopor persons. RESOLVED: Thal any and all Powers of Attorney and Certified Copies of such Powors of Attorney and certification in reapeot thereto, gronled and executed by the president or vlra Presidenl O CAnjunciion with any Vice President of the Company, shall ba binding on the Company 10 the same extent SS If 611 Signatures therein were ins nualiy affixed, even though one or mate of any such elghalurns there❑il Maybe (acsimile, (Adopted October 7,1981— The Hanover Inaurance Company; Adopted Apol 14, i 982 Massachusetts Say Insurance Company; Adopted September 7, 2001—Citizens Insuranco Company of America and affirmed by each Company an March 24, 2014) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANC9 COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to he boated with Muir rospactive carporata seals, duly attested by two Vice presidents, this V1 day of March, 2022. THE HANOVER INSURWE COMPANY THE HANOVEtt INSURANCE COMPANY MASSACHUSETTS PKV I SUi7ANCIE COMPANY MASSACWUSIETTS RAY INSURANCE CONIVANY CITIZENS INSURAWOE C MPANY OF AMERICA CITIZENS INSURANCE COMPANY orAMPRICA a ct'N- pp � Ir*a �rnA 4 1.�t•,;�� THE COMMONWEALTH OR MASSACHUSETf8 ) COUNTY OF W ORCESTER ) ss. On this 2s11 day of March, 2022 before me name Iha obovo named Execullve Vice President and Vice President or The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to he the Individuals end officers described herein, and acknowledged that the seals affixed to the preceding Inslrument are the Corporate seals of The Hanover Insurance Company. MasSnchllSotts Say Insurance Company and Citizens Insurance Company of America, respectively, and that file said Corporals Seals and their signatures as officers were duly aMkt:d and subscribed to sold instrumanl by the aulhan(y and dlreMion of said Corporations. ARLEEN V. SiMONS y Notr+ry public GOH taMV*AV OfQrnmiss +- -- an ISptt re tyly Gammleal4n Explr�p Jung 18, 2423 is na@n . gkrtorte, Notary Public My Commission Expires June 15, 2023 I, tho undorslgned Vice President of The Hanover Insurance Company, Massachusetts Ray Insurance Company and Citizens Insurance Company of Amerloa, hereby certify tral the above and forogoing Is a (till, true and correct copy of the Original Bower of Altomey issued by said Compallleg, and do hereby further certify that the said Powers of Altarnoy are still ha force and effect. GIVEN under my hand and Iha seals of said Companies jA*W,�W, t't+1$asachuselta, Ihls _17th_ day of March . 2023 Trip HANQVLIRINSUnANCe COMPANY M NU01971TS DAY INSURANCE COMPANY r. Ca C PANY OF A+w IMOIL CERTIFIED COPY rl, All$ prohrl A. Rawpddor, Ylaa PrPnitibi,t t% f •>. rr1ti11111 � ��t aINo FORM 8 - INSURANCM! AND BONDING R.EQUIItEMSNTS 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. 'ne Vendor shall procure and maintain property insurance upon the entire projeot, 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 oreach 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 subragation from the County's separate Vendors, Design Consultants, and Subcontractors and shall require each oFthem to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certiflaates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collicr 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 Ccilificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Colller.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 Net forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insurad retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify art the Certificate of Insurance the natume 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_ C'.overageW shall be maintained without interruption from the date of commencement of the Work tint!] the date of completion and acceptance of the scope of work by the County or as speeiGed in this soliaitationsvrlticitever 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 hwnly-four (24) hours after receipt, of any natives of expiration, cancellation, noa- renewal or material change in coverageor I units received by the 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 or any policy to be provided by Vendor horeunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under suer policy, Should at any time the Vendor not maintain the insurance coverageW required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverageW and charge the Vendor for such coverages) purchased. 1f Vendor fails to reimburse the County for suoh costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agroen►ent or any other agreement between the County and Vendor. The County shall bg 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 coverageLs 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 Cortificate(s) of Insurance not later than len (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 far the County to terminate any and all contracts. CAA Ca�er C01.11ty Procurement Services Division NORM 9 —CONFLICT of jiNTEREST AMDAVrr The Vendor certifies that, to the best of its knowledge and belief, the past and current work nn any Collier County projoct affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below" Biased ground rules —The fltv has not set tilt; "grattttd rules" for affiliated post or current Collier County project identified above (e.g., writing a procurement's statement of work, speciiicauons, or performing systems engineering and technical direction for the procurement) tivhich appears to skew the competition in favor of my firm. Impaired objectivity —'rhe rim, has not perfornied work on an affiliated past or current Collier County project identiried above to evaluate proposals I past performance of itself or a competitor, which calls into question the contractor's ubiiky 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 nffiiinte) with an unfair competitive advantage in current or ruture 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. Ind icate 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 mans. Failure to disclose all material or Craving air organizational conflict in one or morc of the three categories above be iftidrad may result in disqualification for future solicitations affiliated with the above -referenced project(s). By the signature below, the final (employees, officers, andlor 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. State of FLORIDA County of LEE The roreboing instrument was acknowledged before me by ,neaps o hysic resence or El online notarization, this Zara day of March (month), 2023 (year), by Dnv} E_ orre (name of person acknowledging), �j [� —( ❑ otary ublic - State of Florida) (Print, Type, or Stamp CoiUnissioncd Name of Notaty Public) Personally Known OR Produced Identification Type of Identification Produced FNal" p'J -Efate nt FtarldaWtllza Appuwr l FhDi 2Q7�tg3Ten Exp,1211412026 er CAO 4117123, 10-21 AM Caren comity Imenr 8anfr� Cx,ds�an f f71iR1 lb—VENt)On nr:CI,AIAATIAN STATEAIC- NT BOARD 01: COUNTY t`0m MISSIONERS Collier County 0DW111111011i Ulfllple� Noples, plorl310 -1112 1Jenr C.'D111111INS 19r1er%: llte pndersignad, nF. Vendor deolitres Mat 116a relponso Is 1110de Withoas colverllon or aminplicnl 1xit11 oily rather per8on and Ihls pmposA is in mvy respact fnlr txrlcf ranch In itocasl fnllh, lvlehaut coltusigllnr frc,ud. "Chu Vulldurlleraby daulures the inalruetions, purchnsc ruder tcrms and conditions, rcquironlono, surd speuiticntionsrscopc of vwk of this sollchralnrs haw lncn Billy m%minell and urrke11t011. The VendDr agrees, 11'11115 501161RIA011 suillnlu al Is accepted, to vwamta a Calllc+r Cvu wy siot uomml Cor the purposo of emablithittg n forlivil collimctuld 1n10tian3hip bvt,.rsun the fiMt Mid Collier County, fir the perfarinanco of all rcxlull+ernents us %V11idl the 901i6lotiol► 1aMrtitls. '1110 vemlol' 11111us 1111lt 1110 s1111n111tcrl Is bOSIud ltpan lllo darurne I-S Bled by llle Aboue•r4af0mcd WIcIM110n. Furthcrl the i-encinr ngrce911sn1 Irnmeded n etlrilraci for Ihren gamh Ia11SIfG1'sel'Ytclm, Ilse vanrlor gill lint Ile aligibte ie cunlple, sublall rl proposAl, In 11NAr(led, 41' I fferm n7 a snh- vorittur fnr nnv flrilu•c 6006111ed with work 111I1i Is a ntsikh of Arks 1tw1a Nod contract, 1N wil'INUss wHr tor', Wt, fine heraunta sulmvibcd our 1ulnits On �11is 73day ol" hApfGh m23,, iiho County of tau---_--.--�, Ili ilm Stole of Flerlso riliu's Legal Mama; Coastal Concrete products, LLC Adchv w 7742 Alico Road city, 4tnlc, zip wade; fort Myers, FL. 33912 - F'lorldo C-atnlilaultc ref r11ithariLy DL1CL11110111 Number Fedemi Tar; Idcnll liraltion Nunllvr ''CCR N oil CAGE codo 00nly if Carom r11ndod 'I clephnne: F 111:1i1: siignr (mv b}': (I-yped lull wti(1t11) 'idle. L10000107847 27-3�ai3�s�4 .0 . /7 tltipsilloullook,office.00MjmaVyltlhoxfidrAAMkA0111YxgyrmFhLTdihf...erVlOfiZcTSONalc2OAARgTSZBAAAUEgAWAMKNIHI"A2gy71Ngdtt4lsKGZc°h3o Pnge 1 of I CAQ Send payments to: (required if different from nbaue) Contact name: Title: Address: City, state, ZIP Telephone: Email: Office servicing Collier County to place orders (required 1fdlf'ferent from above) Contact name: Title: AddWonal Contact Information Company naive used as payee Address: City, State, ZIP Telephone: Email: Secondary Contact For Maritza Aguiar - this Solicitation: ..y Email: maguiar[c_coastaiconcreteproducts,roii� Phone: 239,404.8705 Calpie-r C0,41.ty Procurement Services Division FORM 11- IMN11G RATION AFFIDAVIT CERTIFICATION rhis Affidavit is required and should be signed, notarized by an authorized principal of the firm, and submitted with formal 901i0itati❑n 9Lrbntittals. Further, Vendors are required to be enrolled in thu E-Verify program, and provide acceptable evidence or their enrollment, at the time of the submission of the Vendor's bid, Acceptable evidence consists of a copy of the properly campleted E-Verify Company Profile page or a copy of cite tillly executed L-Verify Menmorandunt of Understanding for the company which will be produced at the time Of tile submission oft lie Vendor's bid or within five (5) day of the County's Notice of Recommend Award, FAILURE TO LXECUTC TUIS AFFIDAVIT CERTIFICATION AND SCBMIT WITH NIENDOIZ'S FRO OSALIDID MAY DEEM THE POR -REP NSIVE. — — Collier County will Clot intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in S U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider tile employment by any Vendor of unauthori7xcl 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 dray are fully compliant with all applicable immigration laws (specifically to the 19861ilmmigration Act and subsequent Amcndurenl(s)) that it is aware of and in compliance vvith the 1'eg411iCtit rlt$.s�forth in Florida Statutes §441i. 5- and agrees to comply with the pi'Ovision5 of tile Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment S-ligibility Verification System (E-Verify), operatted by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposallbid, Coastal Concrete Products, LLC Company Name Signature 'Gtvld E. Torres - Manager Print Name and 1"itl Stale of FLORIDA County of LEE Tile foregoing instrument was acknowledged before me by means f 121 physical presence or © online notarization, this 23W day of March (month), 2023 _(year), 6y 6vtd• t re (name of person acknowledging), (print, Personally Ynown oR Produced rdeittifcatinn Type of tclentifi ration Produced Iblic - State of Florida) K Notary Pubtla S1210 of Florida My,Comrniesjontpr ttil Hm 207403 Fxn.12l1412025 Public) 1 PLO FORM 12 - BIDDERS CHECKLIST — IMPORTANT, No bld shall be considered unless it is made on unaltered Bid forms which rice included in the Bid(ling Documents. Please rend rarerully, sign iu the spaces indicated, and return with ,your slid. FAILURE TO PROVIDE THE Bill DOCUMENTS MAY BE GROUNDS TO D>G1GA'i YOU NON-RESPONSIIVEINQN- RESPONSIBLL. Bidder should check off each of the rollo►wing items as the neemary action is completcd; 1. The Bid has been signed_ 2. The Bid prices offered have been reviewed. 3, The price extensions and totals have been checked. 4. Did Schedule has been completed and attached. S. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7, The following online Standard doctimenis i►ave been reviewed and accepted is BidSync: a. Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions L All of the following bid fomis have bm completed and sifincd; a. Bid Form (norm 1) b. Contraclors Key Personnel (form 2) c. Material Manufacturers (Form 3) d. List of ]Major Subcontractors (Form 4) e. Statement of E\perience (Form S) f. Trench Safety Act (Form G) 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. Immigralion Law Affidavit Certification (Form 1 I) MUST be signed and attached with your submittal. I. Sighed Grant Provisions and Assurances package in its entirely, if applicable, are executed and should be included with your submittal. 9. Copies of the required information have been attached a. Business 'tax Receipt (Collier County Businesses only) b. Company's BNedry profile page or memorandum of understanding c. Certificate of Audiw ity to Conduct Business in the State of Florida (stuibiz,org) d. Copy ofvalid and current Florida General Contractor's License e. Any other required professional licenses — valid and current (myfloridalicense.com) (i.e.: Underground Utility, and Lxcavalion, Builders, Trade Contractors, etc_, as applicable, requested, andfor required.) f. Vendor W-9 Form 10. If required, the amount of the i3id band has been checked, and tho Bid bond or cashier's check has been submitted. 11. Any addenda have been signed and the aaknowledgnternt form atlflched and included. 12. The Bid will be uploaded in time to be received no later than the speci Fied opening date and time, otherwise, the Bid cannot be considered. Coastal Concrete Products, LLC Devld E. Torres - Manager 03012023 C NO �1 qi irl� .'ifrfr� +H 1`7 rr f �•.r p9parlment of 5tato 7 Division of Corljggm I ^gAmI RR== I kQx" EaUy Wjq.. I Detail by Entity Name Florida Limited Liability Company COASTAL CONCRETE PRODUCTS, LLC Fjllng,lnfotmation document Number FEIIEIN Number Date Filed Effective Date State Status Princ pal Address 7742 Alico Rd Ft. Myers, FL 33912 Changed: 01123/2014 Malling Address 7742Alico Rd Ft. Myers, FL 33912 L10000107847 27-3688614 10/15/2010 10/15/2010 FL ACTIVE Changed; 01/23/2014 R2gts ms Agent Pi=Q 7,AWr-= TORRES, DAVID E 7742 Al Ico Rd Ft, Myers, FL 33912 Address Changed: 01123/2014 Authorized Person (s)Uetai Name & Address Title MGR TORRES, DAVID £ 7742 Alico Rd Ft, Myers. FL 33912 Annual R ports Raport Year filed Date Dluls+orr Or CORPORl TICN3 CAO E-Verify. _4a F 4 Pt V ININI/Y ISR /lAMiRR 4/ L..' A.rl' oi. Company ID Number: 422570 Approved by: Employer Coastal Concrete Products, LLC Name (Please Type or Print) Title David E Torres Signature (Elate Elertronieaily Signed II 0611312011 E]epasl-tment of Homeland Security - Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature date Electronically Signed 1 0611312011 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 CNO E-Verly. Company ip Number; 422570 �PI�C I I Nf1f IFT N Ali NY If 191 I fl$I If -H Information Required for the E-Verify Program I nformation relating to your Company: Company Name Coastal Uncreto Products, LLC Company Facility Address 7742 Allco Rd Fort Myers, FL 33912 Company Alternate Address County or Parish LEE Employer Identification Number 273688614 North American Industry Classification Systems Code 238 Parent Company Number of Employees 20 to 99 Number of Sites Verified for 1 site(a) Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 CAO Taxpayer for Give Form to the =om1Will 1ioV. Ooi Dbar' 2018) identification Number and Certification requestl Do not �nparlmentolihoTreanury nlemai ftovenue Service k Go to www.irs,gavJForril for Instructions and the latest Information. send to the IRS. 1 Name (as shown on your Income tak return). Name Is requI(ed on lhla lira; do not leave this line blank, Coastal concrete Products, LLC 2 Business name/disregarded entfly name, If different from above dba Coastal Site Development, l.I-C 3 Check Oppropriata box for fadaral tax clusctflcatfon of tho pamon whose name is entered on line t. Cheek only one of the h Emmirtlona (codes apply only to fallowing seven boxam. carl dnflfts, not Iridlvlduarsl roe � ^7 ❑ IhdividUslleola proprfElor or M 0 Cmpomllpn ❑ S Corporation ©Partrtarshlp ❑ Titl,ilUetst¢ Inatruciinns on ra4c 3l: 4 a! singlememharLLC >xomptPape COO (it any) v❑ Urhltcd liability company. Enter the tax classitlratiori (C=C corposatiarl, SPS aerporatiou, PaPaitnarshfpl ► (' is Noto: check the approprlate hex In the line all for the tax alassdloation of the single -member owner. W riot check Exemptlon from FATCA reporting LLC if the U1,0 1s classified as a single-n amil LLC Ihat Is dleregafded from tho ownar wilm 1ho owner of the LI,(; is LL.O is disregarded from for U.B. gada (11 any) fi is anolhet that not the ewaar IRderal tax pofposes. Otherwise, a single -member LLC that Is (1lbregardod from the ov,ner ahowd cneoti<lhe 9ppropdnla box for the tax claSstRRaUpn of Its owner. ❑ Other (aeainvrruotlons)F mPP-1r. aRwm4lihM1Fd0uWhrMUS) to 5 Add=s (number, streal, aad apt, or suite nQ See Insuuoill Ffequoster s name and address (optionafl 7742 Allco Road 6 City, stole, and ZIP code Fart Myers, FL 33912 7 List account numger(s) here (optioned Tax ayer ldentitication Number(TIN) !_nter your TiN in the approprlate box, The TIN provided must match the name given on line 1 to avoid 1 Social security number for $ backup resident wllen, sole For individuals, this is generally your social security number (saN), N r other tealdent alien, sole proprietor, or disregarded entity, see the Inekrvcilons for Prlrt (, icier. For DthCf — 11:1 _ entitles, It IS your employer identification number (SIN). If you do not have a number, see Flow to get a I flv. later. or Mote: If the account Is In More than one name, see the Instructions for Ilne 1. Also see What Name and Emplayor ldenUflCatlon number NumW'ro Give the Requesfer for guidelines on whose number to enter. 2 7 - 3 6 1 0 1 8 6 1 4 Under penalties of pert ury, I certify that: 1. The number shown or) this form is my correct taxpayer IdanUfioation number (or I am walling for a number to be iasued to mo); and 2.1 am not subleot to backup INlII(liholding because: (a) I am Oxomptftom backup Wlthtlo(dil or (b) I have not been notified by the Internal Havenue 6arvi00 (IRS) that i am subleot to backup withholding as a result of a failure to report all Interest or dividends, or (C) the Cl has troll me that I am no longer subject to backup withholding; and 3. 1 am a U.B. citizen or other U.S. parson (defined below); and 4. The FATCA code(a) entarad on this forfn (if arty) indicating that I ern exempt from FATCA reporting is ocrrecl. Certlftcttllah Instructions, You must amss cut item 2 above If you have been notified by tha IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax roll For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisill or abandonment otAKl propArty, carlcell0lon of debt, cont1bulfans to an individual ratlremenl arrangement (lf3A), and generally, payments other Than interest and divld ds, u are no lei d t s9�f5i�cer�jfication, but you must provide your correct TIN. Bee the InsiructIons for Part If, later. '31`dI r Here Signature of % u.a.pemanw dale ■�1 General Instruc 'o its + Form 1099-DIV (dividends, including those from stocks or mutual funds) Section references are to the Int venue Code unless otherwise noted. + Form '1039-MISC (various types of income, prizes, awards, or gross proceeds) Future developments. For thelatest Information about developments related to Form W-8 and Its Instructions, such as legislation anftctad a Form 11OW-13 (stock or mutual fund sales and certain other after they werb published, go to wwW.frs.govlrorrl transactions by brokers) ■ Form 109M (proceeds from real estate Iransectten8) Purpose of Form • Form 109 -K (merchant Card and third party network transactions) An Individual or entity (Form W-9 raquaster) who is required to file an * Farm 1098 (home mortgage Interest).1098»k (student loan Intaresl), Information return with the IRS must obtain your correct taxpayer 109E-T (tuition) Identification numhar (TIN) which may be your social security number • Form 1 011 (cononind debt) (SSN), Individual taxpayer Ide iiflcatlan number QT1M1l), adoption taxpey,or idantlfleatien number (ATIN), or employer identification number .Form 1088-A (acquisition or abwndonment of srioured re 9 P p �Yl (FIN), to repOrk on an Information return the amount paid to you, or other Use Form W-9 only if you are a U.S. parson 0ncluding a resident amount repartabls on An information return. Examples of information allen), to provide your correct TIN, returns Include, but are nvt Ilmifed to, the following. llyou do not return Form W-9 to the nequester w8h a 77N, you mJghf * F'orrn 1099-INT {interest earned or paid) i be suNfict to backup w0holding. Stir What Is backup withholding, later. Cat. No,10231X Form W-9 (Rev. i l}20181 C A4 2022-2023 LEE COUNTY LOCAL BUSYNESS TAX RECEIPT Account Number: 1033847 Receipt Number: 1402634 State Lieeuse Number: CGC151946D Location: 7730 AUCO RD FT WERS, FL 33912 COASTAL CONCRETE PRODUCTS LLC TORRES DAVM E 7730 ALTCO" FT WEBS, M 33912 Account Expires: Septeuaber 3a, 2023 May engage is the hasinm 0i G1 NEP-4t COWIMA[' OP-CCRr=D "lf`On LOCAI. WSI MESS TAX RECEIFf IS NON ]R} G a.ATORY PAymank 3clfornd Rdon, ram DP•00-0053037 07l28=22 $ 50,aa 0 CAO to 0 z 0 W � J v �C CO CDz 0 rn V) LLJ LL 0 � a .j � u. 0 < H w z LL 0 O z E W O �y � L C o W 0 z Ln /wir � V J n z z O z 0 u w w wi zL L a Lu C)", ;w 00 LU w o u LL z O L/) o J 0 W 0 w r.I os C ❑_ LL O wU w °. J � O H < o u P Ln ILn U;=1 LLI co LLJ 1 5 ;, ❑ LU o LLJ ce J 4. '1 1 PD 4J c 0 L t w W 0 w cu c .0 C m 4-1 0 L N �.1 Q L H Coastal coastal cfp Concrebe Sibe C5,. Devefopmenb Prod . bS A 01vi ion or cnn: tal ennc.rrtc: prnrlurts, I I-C March 23'd, 2023 Collier County Procurement and Transportation Engineering Re: Veterans Memorial Blvd — Phase I Proposed Noise Wall, Bid No, 23-8099 To Whorn It May Concern, Th1s letter is submitted to accompany our bid for the above referenced project to provide additional clarification as to the proposed product that we intend to use for this application. Coastal Concrete Products, LLC has been in the perimeter wall business since its inception and its predecessor firm had been In the same industry since 1988. We are an authorized manufacturer for AFTEC 5tonetree Walls which Is the proposed application to be used for this project. Enclosed with this letter, we Include some preliminary engineering that should provide some understanding of the system proposed, It must be noted that this concrete wall system is a proprietary system and is not consistent with the details shown in Index 534 of the FDOT index set and specifications, However, the system has been used extensively throughout the State of Florida and the entire country. Our firm has installed these walls for many municipalities including the City of Marco Island, City of Miramar, City of Hollywood, These walls are found throughout Collier County and have been included In County projects including Ciam Pass Park. They are found on the north side of Veteran's Memorial Blvd along the Mediterra frontage and are found in several projects along Livingston Rd near Veteran's Memorial Blvd including Talis Park, Enclave of Distinction, Royal Palm Academy, etc. We installed the Mediterra frontage along with the roadway work commissioned by the County for Quality Enterprises working for the Mediterra homeowner's association, Please review two attached pictures of applications that could be achieved for this wall. There are several options which can be discussed further if there is desire to proceed with our firm, We thank you for the opportunity to bid this project. Please feel free to reach out if you have any questions rpgarding this letter on my cell at 904-762-4454 or via email at davidEtorrescompanies.com. Sincerely, David E. Torres Manager Coastal Concrete Products, LLC dba Coastal Site Development 7742 Arico Rd Ft. Myers, FL 33912 CAO Relevant Pictures of Similar Applications 16'total height. Two 8' panels. Stonetree Stacked Stone Unpainted. CAO f 1 12' total height. 8' Stonetree panel over flat concrete, CAO � x � S7VM N3MJ0S Q oii'sion udd 3i3JONOO IVISVOJ IS rr � � d p S u49 Ta+n N �NF W 4 - - LU ? f � Qz S a z I J . _ Q • 0. y z -I 9 A"L CL N LU Ul w' A y A'.Y CL v.l .v� .5 '�X J J h h}} ld1 y ■ N hl� nAl .9 ' h 7t !s� I��i�Y h;'I'✓•�4.�� `Ji fw.liv '�'�Si'J}i�; a 5 3 LQM CAA EXHIBIT A-3. CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Tim Winschel Alejandro Navarro Personnel Category Construction Superintendent Project Manager 14 Construction ServIuss Agreement; 12422_ver,3j CO EXHIBIT B-1: PUBLIC PAYMENT BOND CITE# 23.8099 Bond No, 1102g39 Contract No. 2M099 KNOW ALL MEN BY THESE PRESENTS: That Coastal Concrete Products, LLC as Principal, and The Hanover Insurance Coany as Surety, located at 440 Lincoln Street. Worcester, MA 0165M002 (Business Address) are held and firmly bound to Boardof0ounty Commissioners CoMe(County,Florida as Obligee in the SUM Of One Million Nine Hundred Forty One ThousandNine HuMredNinety Three and7&10e ($ 13941,993.75 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally, WHEREAS, Principal has entered into a contract dated as of the _day of 2023, with Obligee for Veterans Mannerist Blvd -PhaseIProposedNoise Banner Wall, Bid No. 23A 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 Surely 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 ITNESS WHEREOF, the above parties have executed this Instrument this &AY- day of 2023, the name of each party being affixed, and these presents duly signed by its under -signed representative, pursuant to authority of Its governing body. The provisions and limitation of section 255.05 Florida Statutes, including but not limited to the notice and time limitations in sections 255.05(2) and 255.05(10), are incorporated in this bond by reference. 17 Construction Services Agreement: 12022_ver.3l f�ZfLJ PRINCIPAL Coastal Concrete Products, LLC BY: NAME: Do�`d l ITS: rye-ePa STATE OF �Z02.IDA COUNTY OF / tom= The foregoing instrument was acknowle ged before me by m ens of lysical presence or ❑ ne notarization, this day of 2 2023, by c 10 Z, as ®�P� of a �, oU�� ration, on behalf of the corporation. He/she is persona ow me OR has produced ide tification and did (did not) take an oath. t I My Commission Expires: Z) I Z Notery Public Slete of Florida ` M aSonr�a0t 1, 9giar Itll ExMp 121141462e (AFFIX OFFICIAL SEAL) ATTEST' Witnesses to Surety Public) (Legibly Printed) Notary Public, State of �/ " Commission No.: SURETY: The Hanover Insurance Company (Printed Nama) u 440 Lincoln Street, Worcester, MA 01653-0002 (Business Address (Authorized Signature) (Printed Name) �z ConaUucUon Services Agraemenl: t2022_ver.31 i Lynn . a./.� �. r • /A� , d i. ; /%2o Nitnesses Dawn 70,P\ itness STATE OF Florida COUNTY OF Miami -Dade OR ",NUii�� g As Attorney in Fact, (Attach Power of Attorney) David T. Satine, Attorney -in -Fact (Printed Name) 5979 NW 151st #202, Mialmi Lakes; FL 33014 (Business Address) 305-517-3803 (Telephone Number) The foregoing instrument was acknowledged before me by means of Q'physlcal presence or ❑ online notarization, this 13th day of June 2023, by David T. Saline as Attorney -in -Fact of The Hanover Insurance Company , a New Hampshire corporation, on behalf of the corporation. He/she Is personally known to me OR has produced personally known as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Pu Name: (AFFIX OFFICIAL SEAL) DAWN AUSPITZ NOTARYPUBUC STATE OF FLORIDA NO, HH1886% MY COMMISSION EXPIRES NOV.15 Dawn Auspitz (Legibly Printed) Notary Public, State of: Florida Commission No.: HH188669 13 Construction Sonrices Agreomenl: [2022_ver.3t EXHIBIT B-2: PUBLIC PERFORMANCE BOND CITB# 23-8099 Bond No, 1102939 Contract No, 23-8099 KNOW ALL MEN BY THESE PRESENTS: That Coastal Concrete Products, LLC as Principal, and The Hanover Insurance Company as Surety, located at are held and firmly bound to 311ier County , Florida as Obligee in the sum of ($ 1.941.993.75 )for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2023, with Obligee for Veterans Memorial Blvd - Phase I ProDosed Noise Barrier Wall, Bid No. 23-8099 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, ail 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 4 4ay of —, 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 Conslructlon Services Agreement: j2022_ver.3) CAO PRINCIPAL Coastal oncrete Produc , LL \?' , NAME:�� . ��fP�!t/fflflttt�`"o\ STATE OF I-1.j� COUNTY OF LE The foregoing insirument was acknowle ed before me by means of lt1 pt�iysical presence or ❑ online notarization, this _ day of a 2 2023, by 1� as - y of � Q G corporation, on behalf of the corporation, He/she is personally known to me OR has produced Zrs-i n Ication and did (did not) take an oath. / My Commission Expires: (AFFIX OFFICIAL SEAL) 41 vGI a Notary Public Slale of Floriea Maritza Agular My Commission 1111 p 2/ 4P3 E1025 (Legibly Printed) Notary Public, State of: )q=DL10A Commission No.: 44E (9/9 ) 75 Construcllon Services Agreement: 12022_ver.3j [�jli ATTEST: Witnesses as to Surety Lynn'bowling, Witness STATE OF Florida COUNTY OF Miami -Dade SURETY; The Hanover Insurance Company (Printed Name) 444 Lincoln Street, Worcester, MA 01653-0002 ,, , (Business Address) ws.,,..\ vM.F�i (Authorized Signature) (Printed Name) rn OR As Attoey in Fact (Attach Power of Attorney) David T. Saline, Attorney -in -fact (Printed Name) 5979 NW 151st #202, Mialmi Lakes, FL 33014 (Business Address) 305-517-3803 (Telephone Number) The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this 13th day of June 20231 by David T. Saline L as Attorney -in -Fact of The Hanover Insurance Company a New Hampshire corporation, on behalf of the corporation. He/she is personally known to me OR has produced personally known as identificafjon an (did no take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) DAWN AUSPITL NOTARY PUBLIC STATE OF FLORIDA NO, HH18SSN MY COMMISSION EXPIRES NOV,16 Dawn Auspitz (Legibly Printed) Florida Notary Public, State of: Commission No.: HH188669 1s Construct(on Services Agreement: [2022_ver.3) trAa THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the Slate of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Warren M. Alter and/or David T. Satins OlAlter Surety Group Inc. of Miami Lakes, FL each individually, if there be more than one named, as its true and lawful atlorney(s)-in-tact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner slated and to the extent of any limitation stated below: Any such obligations In the United States, not to exceed Twenty Million and No/100 (E20,000,000) in any single Instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: Thal the President or any Vice President in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Altomeys-in-tact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with powerto attach thereto the seal ofthe Company. Any such writings so executed by such Attorneys -in -tact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly efecled officers of the Company in their own proper persons. RESOLVED: That any and all Powers of Attorney and Certified Copies ai such Powers of Attorney and certification in respect thereto, granted and executed by Ne President or Vice President in out with any vice President of the Company, shall be binding on the Companyto the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon maybe facsimile. (Adopted October 7,1981— The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001—Citizens Insurance Company of America and affirmed by each Company on March 24, 2014) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY antl CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by hvo Vice Presidents, this 2ntl day of March, 2022. THE HANOVER INSU E COMPANY THE HANOVER INSURANCE COMPANY MASSACHUSEtt I AV I/dNNjSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURA E C MPANY OF AMERICA CITIgNS INSURANCE COMPANY OF AMERICA THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 2nd day of March, 2022 before me came the above named Executive Vice President and Vice President of The Hanover Insurance Company, Massachusetts Say Insurance Company and Citizens Insurance Company oTAmerice, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. AHLEEN V. SIMONS NOlary P 6110 coMuy commiesATH Of o,isExpires Arleen VVV, Simons, Notaryu�c My CJ ne Uaeie2d�2Piras My Commission Expires June 15, 2023 1, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify thatthe above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies, of Worokfe 4i£; , assachusetts, this _ r..•l ll.. CERTIFIED COPY % r.l �-Irlil'I' day of _ /,��USETTS BAY INSURANCE COMPANY ((IJIJ QJrIPANY OF AMERfCA �/oNn A. Roweddor, Vice Pre"ideilf EXHIBIT6.3: 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 EXHI BIT 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 falls 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.3] CAf} 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. 16 Construction Services Agreement: (2022 yer.3j CAA Collier County Florida Insurance and Banding Requirements Insurance 1 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 rcquired to provide proof of exemption. An application for exemption can be obtained online at littns://angs.fldfs.com/bnccxcmpt/ 2, ® Employer's Liability S_1,000,000� single limit per occurrence 1. Z 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 Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, lasses and costs, including, but nut 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 Contractor(Vendor in the performance o f this Agreement. 5, ® Automobile Liability S_1,000,000_ Each Occurrence; Bodily injury & Property Damage, Owned/hloa-owrted/Hired; Automobile Included 6, ❑ Other insurance as ❑ Wxtzrcra-ft S Par Occurrence noted: ❑ �t�d�tates-�vrtgshar�t�at�s--ancl—hlar�e�ar-kern-Astg�--sha1]-ba mair7taiued�vliere�app licah(e-te-tkre-scrap#etiau��the- w4F1� $--•Ret�ccurrcrtcc ❑ Mlar-i�itrta-Ce�sr�ge-(Tone$-Ast��tala�--xnaifltacf�uhtrr�appksak�le--ta�lae 60 H��1Gtt#f t3�1f�}tP.�4t:1F-i $--- ftr••Occuxrencc ❑ Aircra-Liability-oov�aragc. shall-bcaicd-ist-)irrrits ef-net�lcss-t1ta99A0t7 each-ece�rrensc-if�pplicabl�to-thc�cempletian-�-i~t#�c 5cr-cases-trt�det�-tlti�.4grcetuotu.. c Per-Occ=-ence ❑ P-Q,"tion &°ar esurfegse ❑ Rmfassiotxal-Liability $ P-ar laim 8g in the aggregate ❑ l?r-G*�-FW ssien"lahility S Par ectarr$rtse ❑-a1uab4c-P-apem4nauranca ❑ G.yber-Liability [l ecli�aolcag-firsrrissiana S� der-Gcourrencc 8 - GGGtuT-Grose $ Per-or.G t erns CAA 1. M 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 Cotinly 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 Payineni 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 bo 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 en9urc that all subcontractors comply with the same insurance requirements that lie is required to meet, 'Cho same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" oil the Insurance Certificate for Commercial General Liability where required. 'Phis insurance shall be primary and noncontributory 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. l 1. ® 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, OII Collier County. The Certificates or 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 341.12 13. ® Thirty (30) Bays Cancellation Notice required. id. 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 Disk premiums in its project proposal or project billings. All questions regarding Builder's Risk insurance will be addressed by the Collier County Risk Managcment Division. GG — 2/ 14/2023 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and undcrstands 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 o f the award. GAO EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: who after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material - men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to , This partial waiver and release is conditioned upon payment of the consideration described above, It is not effective until said payment is received in paid funds. (2) Contractor certifies ror Itself and Its subcontractors, material -men, successors and assigns, that all charges far 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 !tied, shall be fully satisfied and paid upon Owners 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 20 by k as of a corporation, on behalf or the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires. (AFFIX OFFICIAL SEAL) (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: is Construction Services Agreement: [2022_ver,$) CAO EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier Coun!y Board of County Commissioners the DINNER or Collier County Water--Sawer 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. Orl anal Contract Time: T Ori Inal Contract Price: $ Revised Contract Time: Total Change Orders to Data: $ Revised Contract Amount; $ Total Value of Work Completed & Stored to hate: $ Retainage @5% through Insert Date $ Retainage @ 5% through [Insert date $ Retainage @ % after Insert date $ Less Retainage $ Total Earned Less_ Retainage $ Less previous payment(s Percent Work Completed to pate: % 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 Applicatlon for Payment will pass to OWNER at time of payment free and clear of all lions. 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 Slgnature: date: Type Title: Shall be signed by an authorized representative of the Contractor. a ment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended by-, esign Professional's Name: igmnature: Date: a an# to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended b wnor's Project Manager erne' ignature: Date; 20 Construction Services Agreement; 12022_ver.3] CAO EXH*ITp continuos SCHEDULE OF VALUES Projoct Namo: Pfolael Number: ❑atn, Furl ad TO: ITIM NUMBER DESCRIPTION SCHEDULER VALUE WORK COMPLETED STORED MATERIALS TOTAL COMPLETED &STORED TO DATE PERCENT COMPLETE BALANCE TCANI8H 5% RETAINAGE _% RETAINP.GE TOTAL RETAINAOE WITHHELD PREVIOUS APPLICATIONS THIS PERIOD THnUbA7E SINCEDATE ME Ef TOTALS Explanation for the two columns under Previous Applications: The Thru bate la whare you will place all Information until the contract Is complete unless a release or reduction of retalnage issue romes iota play. If this happens, all Informatiom up to the date of the % change In retalnage Is plated 3n the Thru Date column- Information after that date is placed In the Since pate column. 7h1sstates what has happened since the change In retalnage. 21 Consiructlon Services Agreerlleni: (2022_ver.3] CAA Exhibit D (Continued) Stored Materials Record Formula: A+B_C-D=E - - Invoice Date Description Supplier Number A 6 C Prevlously Installed D Installed This Period E Balance To Install Previously Received - Received This Period 22 Construction Services Agreement; 12022ver.3] CAD EXHIBIT E: CHANCE ORDER Coffer Cor Kty Procurement $orvicos Change Driller Form ❑ Contract Modification ❑ Work Order Modlftoatlon Contract #: Change N;= Purchase Order #: Project #: ConteactorlFirm Name: Contractlprolect: Project Manager Name: DIVlalsn Name: Original ConlraollWodc Ardor Amount Criginal BCC Approval Ditto; Agenda Ram It Current BCC Approved Amount Last BCC Approval Date; Agenda Ram 0 Current ContractMork Order Amount SAP Contract Expiration Dale (Master) Dollar Amount of this Change ffDIV101 Total Change from Original Amount Raised Contract/Work Order Total s D,DU #DJVIOI ChanQB from Currant BCC Appirmed Amount Cumulative Changes $ D.DD I 0001W41 Change from Current Amount Completion Data, Dascrlptlon of the Task(s) Change, and Ratlonala for the Change Notice to Proaced —71 Original Last Approved RevisedData I� Date Completion data pate (Includesludesthis chance} I� H of Days Added Sol cot Tasks ❑ Add new task(s) 0 Delete laak(s) E) Change tasks) ❑ Other Provide q response to the following: 1.` dotalted and spocllle explanatic nlratlonsls of the requested chsngals) to the lask(s) and i or the addlllonal days added (If requested); 2.) why this change was not Included In the original contract; and, 3.) describo the Impact If this change Is not processed. Attach additional information from the Design Professional andlor Contractor if needed. Prepared by: Data: (Project Manager Name and Division) Acceptance of Ihfs Change Order shall constilule a modl4cailun to contract 1 work order Identified alcove and will be subiocl 10 all the same terms and condlllono as contained in the eontracl 1 work order indicated above, as fully as If the lama ware stated in this accoplanco. The adjustment, if eny, to the Contract shall constitute a full and Anal settlement of any and all claims of the Contractor 1 Vendor / Consultant ! Design Professions; arising out of or related to the change sat forth heroln. Including claims for Impact and delay casts. Accepted by: Data: (Contractor ! Vendor r Consultant ! Design Professional and Name of Firm, if project applicable) Accepted by: Date: (Design Professional and Name of FIIm, li projeol applicable) Approved by; Dale: (1)10slon 01raolor or Deslgnae) Approved by: Date: (Procuramenl Professional) lleviitsd 11111 iV:'a21 IQI� 191i0IS t44k1 iI1,N 1811uilu Midi IIooal w3pnAlurpA lriaV 1rlrILI111 an yuu-raId yhael I _ n^ R rrr JAC 51477 .lamin VAS tl4c Ci 23 Construction Services Agreement: [2022_ver.3] CAQ Change Order/Amendment Summary CO# AMD# Descritition COST TIME Justification Additive Deductive Days dded New Amount + Revised: 001-113U21 inivinier15 rrlw may requite .hddiliOnal5ighalures may mulude On separale slteet.j i norworhosr use ONLY Admm sc $CC IS 24 Construction Services Agreement: 12022_ver.3] CAO OWNER'S Project No. PROJECT: CONTRACTOR: Contract For Contract Date EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No, This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state In the progress of the Work when the Work (or designated portion) Is sufficiently complete In accordance with the Contract Documents so that the Owner can occupy or utilize the Work for Its Intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all -Inclusive, and the failure to include an item In it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, Insurance and warranties shall be as follows: RESPONSIBILITIES: 25 Unstructlon Services Agreement• [2022_ver.3] CAA OWNER: 11010111007TH11*1: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not In accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20 0 CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20 OWNER Type Name and Title 26 Construction Services Agreement: t2022_ver.31 CAQ 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. Orlginal 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 bays. 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: 6Owner 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 NIA. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: By Design Professional: By Owner: (Company Name) (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 27 Construction Services Agreement; [2022_ver.31 CAO EXHIBIT H: GENERAL TERMS AND CONDITIONS i�Ii!ki*11III &*9416MkIZT_'T_31a1I8111fif4i k" 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 he 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 23 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 worts -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 29 Constructlon Servloes Agreement: (2022_ver.3] CAO 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 2s Construcllon Services Agreement: 12022_ver.3] CAA 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 tern (10) business days after the Application for Payment is 30 construction Services Agreement: j2022 ver,31 CAO 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 "[aches" 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 Construotlon Sarvires AgrBemont, [2422_ver.31 (7AO &1.4 ► 1 16-IIA 1121111,4113 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 51, 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 dents, 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. 61 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: 12022 ver.3] CAS} 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 ❑f 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 ❑r 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 ❑ocuments. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. sa construotlon Servloes Agraement; [2022_yer.31 CAo 7,5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute, The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby, Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-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; 81.2 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; 81,8 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. B.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.31 CA O 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 Tamilami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordReg uest(a7colliercountyfLgov 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 consvuoti in Services Agroornent; [2022_ver,3] CAC 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 wail 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 deerned a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. iri lfq:1t10Eel*J10b doff Ialff+I►1A 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. 3s Conslrucllon Services AgreemaO 12022_Ver.31 CAO 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor, 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized, iI�elIF-111&617.1l1Li!].0]�y1�Jl� 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: t2022_ver.31 CA ! the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Ail 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, 13A 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 Contactor 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 313 Construction Services Agreement: (2022,ver.3) C Au 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 withcut exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et se—c . 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 taws 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 Bequest for Proposals (RFP) including professional services and construction services. Contractors 1 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 Con tractor'sibidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed Ey-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.3] ('AU If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's 1 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 sett 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, rubblsh 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. 16.1 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 Constructlon Serulces Agreement: 12422_ver.31 CAA 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. 1 B.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 Worm 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. Ail 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 shalt 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.31 CAO 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, Fx,�.T. iVi1J11111114d[07►1I 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 Gonstrudian Services Agreement; t2022—ver.31 CA( ) 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 small 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 Wort 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 Construdlon Servlcos Agreement: [2422_vor.3] C•110 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. 22A 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. 22A 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. 4111111111111111111 67.E 4:161 dkVJ;&TL&U ril 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.3] CAQ 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 Contactor 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 Sommq Agreemant, [2022yer.3] CAO 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. 4-a:Z*711(Z10Ii[#I: Eel 27167:0:4 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 C4nstnacilon Services Agraemenl: 12022_ver.31 CNO 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. CCU 47 Construdlan SvrvlCos Agreement: [2022_ver,3] 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 labeis. 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; 46 Construction Services Agreement: [2022_ver.3] CAO 2858 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 dandling 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 Lvaluation 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 Fisk 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,31 CAA 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 Cortractor'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. so Construction Services Agreement; 12022 ver.3l CAO The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner, Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work, Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work, 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to, Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shah 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 simllar 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. 33,63 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 Constructlon services Agreement: i2022yor,31 CAO price, damages, losses or additional compensation, Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders. 316A 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: 34.11 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval logs 34.1 A 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 Casts 341,10 Equipment Casts 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 avai#able at all times to Owner and Design professional or their designees for reference, review or copying. 52 Construction Sarv1ca8 Agreement: [2422_ver.3j CA Q 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 (DI--FMOPSe.colliercountyfl.aov) 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 resuit 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: 12422_ver.31 CAC? 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations; specifically 110 & 30130A" FDEP chapter 62 regulations; specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, MACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 39.2 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 J 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 1 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, 1=MPLOYEES. 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_yef.31 CAO EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ® Attached hereto, following this page is EXHIBIT I.a and I.b ❑ Not Applicable 55 Construction Services Agreement: [2022_ver.3] CAO 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 CAO EXHIBIT I.b: SUPPLEMENTAL TERMS AND CONDITIONS CONTENTS: GENERALNOTES......................................................................... 2 PERMIT CONDITIONS................................................................... 2 SUBMITTAL OF SHOP DRAWINGS ................................................ 2 WATER....................................................................................... 2 ALLOWANCES............................................................................ 2 MAINTENANCE OF TRAFFIC......................................................... 3 UTILITY...................................................................................... 3 CONSTRUCTION ACCESS............................................................ 3 AS-BUILT/RECORD DRAWINGS ................................................... 3 CAO EXHIBIT Lb SUPPLEMENTAL TERMS AND CONDITIONS GENERAL NOTES N/A PERMIT CONDITIONS The project is within County Right -of -Way, Right -of -Way permit is not required. All other permits, please referred to note 2 on plan sheet 3 of 5. PROTECTION OF LOCAL ROADS This project is adjacent to Veterans Memorial Boulevard (VMB); therefore, access to the project will be from VMB and crossing over the VMB sidewalk or other means upon written approval by the Engineer. The contractor shall protect VMB and the sidewalk to minimize damage to VMB. The contractor shall be responsible for all damages to VMB as a result of their employees, subcontractors, or suppliers not complying with this restriction. The contractor shall repair all damaged roadway features, including but not limited to the sidewalk, drainage structure, and underground and above -ground utilities at no expense to the County, to the pre -construction conditions. SUBMITTAL OF SHOP DRAWINGS Shop drawings are required as set forth in the Plans. Payment will not be made for these work items until the Engineer receives, reviews, and approves shop drawings. WATER No bid item is provided for water. The cost of providing water shall be included in the unit price for work that requires it. ALLOWANCES Included within the Bid Schedule is the bid item CC-1000: Roadway Allowance (Allowance) for various elements of the work that, although engineered, unforeseen conditions may occur, some of a public health and safety nature. The County has determined Allowance and considers it a reasonable budgetary estimate to promptly manage unforeseen conditions, including public health and safety. Upon approval by the County, Allowance may be used by the Engineer to pay costs and expenses associated with the categories indicated below: Bid Allowances: Roadway Allowance...................................................................... $50,000.00 - Staked Silt Fence - Barrier Wall (14' H), Includes Foundation and Paint - Fencing, Type B, 8' Black Chain Link, Vinyl Coating (Complete) - Performance Turf, (Sod) MAINTENANCE OF TRAFFIC The contractor is responsible for the preparation of the Traffic Control Plans. All maintenance of traffic (MOT) shall conform to FDOT Standard Index 600. Contractors shall submit complete MOT plans 21 days prior to construction for County and CEI approval. All MOT - related costs shall be included under Pay Item 102-1. UTILITY There are utilities within the project limits. The Contractor shall visually verify all potential utility conflicts prior to starting the wall shaft work. The Contractor shall design the wall shaft spacing to mitigate these potential conflicts. Should any utility be damaged, the contractor shall be responsible for all repairs including the need for both on -site and off -site pumper trucks. CONSTRUCTION ACCESS Means and methods for construction access to the site shall remain the Contractor's responsibility. All disturbed areas outside of the areas shown in the plans shall be restored back to the pre - construction conditions prior to Final Construction Acceptance. AS-BUILT/RECORD DRAWINGS As-Built/Record Drawings are to be provided to the County's Project Manager within thirty (30) days of substantial project completion. One copy in the following formats: PDF, AutoCAD, and a hard copy. When changes to the plans are required after contract award, all final drawings, specifications, plans, surveys, reports, computation books, or documents shall be issued by a responsible Florida Professional Engineer, Licensed Architect and/or Florida —licensed Surveyor and must be signed, dated, and stamped with the engineer's and/or Surveyor's seal as applicable. The Professional Engineer and/or Licensed Surveyor may be part of the contractor's staff or the Engineer of Record for the contract plans. The Engineer of record must be notified of all revisions and/or modifications made to the contract documents. AND During the wall construction process, all shaft tip elevations shall be included as part of the as -built documents. These records provide critical information necessary for future inspection, maintenance, emergency management, enhancement, reconstruction, and/or demolition of these structures. These records shall be delivered to the Owner's representative at the completion of the project and prior to final payment to the contractor. • The Contractor and his Florida Registered Professional Surveyor and Mapper (P.S.M.) are responsible for the Project's As-Built/Record Drawings unless otherwise specified within the Technical Plans and Specifications. • Prior to construction commencement, the Contractor shall meet with the Design Professional and P.S.M. to determine the Project's critical points to the final As- Builts. The Contractor shall also coordinate with the Design Professional and P.S.M. to facilitate measurement at those critical Project points. CAO • The Contractor's Final Payment shall be withheld pending the Design Professional and P.S.M. Certification of the contracted improvements is per design. • During the progress of the work the Contractor shall keep and maintain one (1) "Approved for Construction" copy of all project plans, drawings, specifications, and any addenda, written amendments, change orders, work directives orders, supplemental agreements, and other written interpretations and clarifications. • It is suggested that there be an "Approved for Construction Ghosted Plan Set" for the Contractor's use. The Contractor shall also note to show updated construction deviations annotated in red line as well as any approved design changes authorized by the Design Professional. All deviations shall be initialed and dated by the Contractor. • All survey information depicted on the As -Built Drawings shall be collected under the direct supervision of the P.S.M. in accordance with Florida Statute Chapters 177 and 472 and Chapter 61 G-17 of the Florida Administrative Code. • All major shop drawings such as beams, beam bearing plates, lighting, retaining walls, structural steel components, and any temporary attachments left in place, shall also become part of the As -Built Drawings. • For final inspection, an As -Built set (signed and sealed not required at this point) is needed to verify the fieldwork.